Fiordland (Te Moana o Atawhenua) Marine Management Act 2005

1: Title
This Act is the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
In recognition of the Fiordland (Te Moana o Atawhenua) Marine Area's local, national, and international importance, unique marine environment, distinctive biological diversity, and outstanding landscape and cultural heritage, this Act—
a: establishes the Fiordland (Te Moana o Atawhenua) Marine Area and 8 marine reserves in that area:
b: implements measures to assist in the preservation, protection, and sustainable management of the marine environment and biological diversity of the Fiordland (Te Moana o Atawhenua) Marine Area:
c: establishes the Fiordland Marine Guardians to provide advice on fisheries management, biosecurity, sustainable management, and marine preservation and protection:
d: facilitates and promotes co-operation between the Guardians and management agencies, to assist in achieving the integrated management of the Fiordland (Te Moana o Atawhenua) Marine Area:
e: acknowledges the importance of kaitiakitanga.
4: Interpretation
1: In this Act, unless the context otherwise requires,— fees framework Guardians section 12 management agency
a: the Department of Conservation:
b: the Ministry for the Environment:
c: the Ministry of Agriculture and Forestry:
d: the Ministry of Fisheries:
e: the Southland Regional Council Minister Ngāi Tahu Whānui section 2 pounamu section 2 Southland Regional Coastal Plan
2: Unless the context otherwise requires, terms and expressions used and not defined in this Act, but defined in the Resource Management Act 1991
5: Act binds the Crown
This Act binds the Crown.
2: Marine Management Measures
6: Establishment of Fiordland (Te Moana o Atawhenua) Marine Area
1: This section establishes the Fiordland (Te Moana o Atawhenua) Marine Area.
2: The Fiordland (Te Moana o Atawhenua) Marine Area and the marine reserves established by section 7 Schedule 1
3: The Fiordland (Te Moana o Atawhenua) Marine Area is described in Schedule 2
4: If there is any inconsistency between the areas indicated in Schedule 1 Schedule 2 Schedules 4 to 11
5: The co-ordinates shown in the schedules are in terms of WGS84 Datum.
7: Establishment of marine reserves
1: This section establishes the following areas of the Fiordland (Te Moana o Atawhenua) Marine Area as marine reserves:
a: the area described in Schedule 4
b: the area described in Schedule 5
c: the area described in Schedule 6
d: the area described in Schedule 7
e: the area described in Schedule 8
f: the area described in Schedule 9
g: the area described in Schedule 10
h: the area described in Schedule 11
2: The marine reserves established by subsection (1) are subject to any conditions—
a: specified in their corresponding schedules; and
b: specified in Schedule 3
8: Application of Marine Reserves Act 1971
1: The marine reserves established by section 7(1) section 4(1)
2: The Marine Reserves Act 1971 section 4(1) section 5 section 7(1) section 7(2)
9: Amendments to schedules
1: The descriptions and conditions set out in Schedules 3 to 11 Marine Reserves Act 1971
2: Amendments, variations, or revocations to the conditions set out in Schedule 3 section 7(1)
3: Subsections (1) and (2) are for the avoidance of doubt.
10: Moratorium on marine reserve applications
1: During the period referred to in subsection (2), no Order in Council may be made under section 4
2: The period referred to in subsection (1)—
a: begins on the commencement of this Act; and
b: expires on the earlier of the following:
i: 7 years after the commencement of this Act; or
ii: on completion of the Ministerial review conducted under section 25(1)
3: If, during the period referred to in subsection (2), the Director-General receives an application under section 5(1)(a)
a: must not process the application; and
b: must not determine the application; and
c: must return the application to the applicant as soon as practicable.
11: Amendments to Southland Regional Coastal Plan
1: The Southland Regional Coastal Plan is amended in the manner indicated in Schedule 12
2: The amendments referred to in subsection (1)—
a: become operative on the date that the Southland Regional Coastal Plan, or the relevant part of that Plan, becomes operative in accordance with clause 20
b: apply only to the Fiordland (Te Moana o Atawhenua) Marine Area (except for the amendments to section 7 of the Plan, some of which may apply to the wider Southland coastal marine area):
c: may become operative at different times:
d: do not require the Minister of Conservation's approval under clause 18 clause 19
3: Nothing in this section prevents the Southland Regional Coastal Plan being varied or amended in accordance with Part 1
4: Subsection (2)(d) does not apply to subsequent variations or amendments to the amendments referred to in subsection (1).
5: Subsections (3) and (4) are for the avoidance of doubt.
3: Fiordland Marine Guardians
12: Establishment of Guardians
This section establishes the Fiordland Marine Guardians.
13: Functions of Guardians
1: The functions of the Guardians are—
a: to advise and make recommendations to management agencies and Ministers who exercise functions under the enactments listed in Schedule 13
i: advice and recommendations on the effectiveness of management measures in the Fiordland (Te Moana o Atawhenua) Marine Area:
ii: advice and recommendations on activities occurring outside the Fiordland (Te Moana o Atawhenua) Marine Area if those activities impact, or are likely to impact, on the Fiordland (Te Moana o Atawhenua) Marine Area:
iii: advice and recommendations on likely threats to the Fiordland (Te Moana o Atawhenua) Marine Area:
b: to facilitate and promote the integrated management of the Fiordland (Te Moana o Atawhenua) Marine Area:
c: to obtain, share, and monitor information on the state of the Fiordland (Te Moana o Atawhenua) Marine Area:
d: to assist management agencies to—
i: prepare and disseminate information about the Fiordland (Te Moana o Atawhenua) Marine Area, including educational information:
ii: monitor the state of the marine environment and biological diversity in the Fiordland (Te Moana o Atawhenua) Marine Area:
iii: plan for the enforcement of, and compliance with, the management of the Fiordland (Te Moana o Atawhenua) Marine Area:
e: to conduct any reviews instituted under section 25
i: are invited by the Minister to conduct; and
ii: agree to conduct:
f: to perform any other functions given to them under this or any other Act.
2: Advice and recommendations under subsection (1)(a) may be given on the Guardians' own initiative or at the request of—
a: a management agency; or
b: the Minister; or
c: the Minister for Biosecurity; or
d: the Minister of Fisheries; or
e: the Minister of Conservation.
14: Guardians may be appointed as committee under Conservation Act 1987
1: This section applies to appointments in respect of any marine reserve established under section 7(1)
2: If the Minister of Conservation decides to appoint an advisory committee under section 56
3: If the Southland Conservation Board decides to appoint a committee under section 6N(2)(b)
15: Membership of Guardians
1: The Guardians consist of not more than 8 members, and not less than 5 members, appointed by the Minister.
2: In appointing members to the Guardians, the Minister must—
a: consult the Minister for Biosecurity, the Minister of Conservation, the Minister of Fisheries, and the Southland Regional Council; and
b: ensure that the membership reflects a balanced mix of knowledge and experience in relation to the Fiordland (Te Moana o Atawhenua) Marine Area; and
c: ensure that 1 member is nominated by Te Rūnanga o Ngāi Tahu: and
d: ensure that at least 5 members are ordinarily resident in the Otago or Southland regions.
3: In appointing members to the Guardians, the Minister may seek recommendations from persons whom the Minister considers appropriate.
4: A member may be appointed for a term not exceeding 4 years, and may be reappointed for further terms not exceeding 4 years each.
5: The Minister may, by notice in writing, remove a member from office at any time if the Minister is satisfied that the member—
a: is unable to perform the functions of office:
b: is under a legal incapacity:
c: is bankrupt:
d: has neglected his or her duties as a member:
e: has been guilty of misconduct.
6: A member may resign by notice in writing to the Minister.
7: The appointment of a person as a member of the Guardians is not invalid because of a defect in the appointment.
16: Vacation of membership
1: Despite section 15(4)
a: the member is reappointed; or
b: a successor to the member is appointed; or
c: the Minister notifies the member in writing that no successor will be appointed.
2: Subsection (1) does not apply if the member—
a: has been removed from office under section 15(5)
b: has resigned under section 15(6)
17: Chairperson
1: The Guardians must appoint a member to act as chairperson.
2: The chairperson holds office for the period agreed by the Guardians at the time of the chairperson's appointment.
3: The chairperson may be reappointed.
18: Procedure
1: The Guardians are responsible for regulating their own procedures.
2: Subsection (1) is subject to any directions given to the Guardians by the Minister.
19: Employees of management agencies may attend meetings of Guardians
1: Subject to subsections (2) and (3), an employee of a management agency may attend and participate in any meeting of the Guardians.
2: The attendance and participation of an employee is subject to the consent of the Guardians.
3: An employee has no voting rights in respect of the meeting.
20: Reports
1: At the conclusion of each financial year, the Guardians must provide a report to the Minister setting out—
a: the dates and times of meetings of the Guardians that occurred during that year; and
b: details of any advice and recommendations made by the Guardians during that year; and
c: any other activities undertaken by the Guardians during that year.
2: The Guardians must publish every report they make to the Minister.
21: Remuneration of Guardians
The members of the Guardians are entitled to receive—
a: remuneration determined by the Minister in accordance with the fees framework for members of statutory and other bodies; and
b: payment of reimbursing allowances or for actual and reasonable expenses incurred in undertaking the functions of the Guardians.
22: Members not liable for things done or omitted in good faith
A member of the Guardians is not liable for anything done or omitted in the performance of the Guardians' functions if done or omitted in good faith.
23: No entitlement to compensation
A member of the Guardians is not entitled to compensation or other payment or benefit if he or she ceases for any reason to hold office as a member of the Guardians.
24: Functions of Minister
The Minister has the following functions:
a: to appoint members to the Guardians in accordance with section 15
b: to provide directions to the Guardians as permitted under section 18(2)
c: to initiate reviews to determine the effectiveness of the management of the Fiordland (Te Moana o Atawhenua) Marine Area in accordance with section 25
d: to exercise any other powers or perform any other functions under this Act.
25: Ministerial reviews
1: The Minister must initiate a review to determine the effectiveness of the management of the Fiordland (Te Moana o Atawhenua) Marine Area, at 5 years after the commencement of this Act.
2: The Minister may initiate subsequent reviews at times determined by the Minister in consultation with management agencies and the Guardians.
3: Before initiating a review under this section, the Minister must consult with persons who, in the opinion of the Minister, are able to provide advice on—
a: when a review under subsection (1) should be initiated; or
b: whether a review under subsection (2) should be initiated and, if so, when.
4: The Minister must—
a: appoint a suitable person or organisation to conduct a review; and
b: set the terms of reference for that review.
5: On completion of a review under subsection (1) or subsection (2), the Minister must prepare and publish a report.
26: Advice and recommendations of Guardians
1: All persons (including management agencies) exercising powers or carrying out functions in the Fiordland (Te Moana o Atawhenua) Marine Area must take into account any advice or recommendations provided by the Guardians.
2: The powers and functions referred to in subsection (1) are the powers and functions authorised or required by this Act or by any Act specified in Schedule 13
27: Protocol between management agencies and Guardians
1: The chief executives of management agencies must enter into an agreement with the Guardians about the way in which the objective referred to in section 3(d)
2: The agreement referred to in subsection (1) must be contained in a single document signed by—
a: all chief executives of management agencies; and
b: the chairperson of the Guardians.
3: If the Guardians consider that an employee of a management agency has acted in a manner that is inconsistent with the terms of the protocol, the Guardians may advise the Minister of the inconsistency.
28: Relationship with other Acts
1: If there is any inconsistency between this Act and a provision of an Act specified in Schedule 13
2: Subsection (1) is subject to section 8(2) section 10 section 11 clause 2(4)
3: Nothing in this Act affects the following Acts:
a: Ngai Tahu (Pounamu Vesting) Act 1997
b: Ngai Tahu Claims Settlement Act 1998
4: Subsection (3) is for the avoidance of doubt.
29: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)