Subantarctic Islands Marine Reserves Act 2014

1: Title
This Act is the Subantarctic Islands Marine Reserves Act 2014.
2: Commencement
This Act comes into force on 2 March 2014.
3: Interpretation
In this Act, unless the context requires another meaning,— area section 2 marine reserve section 2 Minister of Conservation Minister for Primary Industries Fisheries Act 1996 ranger section 2
4: Act binds the Crown
This Act binds the Crown.
5: Moutere Mahue / Antipodes Island Marine Reserve created
1: The area comprising Section 1 on Survey Office plan SO 442747 is declared to be a marine reserve.
2: The marine reserve is named the Moutere Mahue / Antipodes Island Marine Reserve.
3: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 1
6: Moutere Hauriri / Bounty Islands Marine Reserve created
1: The area comprising Section 1 on Survey Office plan SO 442748 is declared to be a marine reserve.
2: The marine reserve is named the Moutere Hauriri / Bounty Islands Marine Reserve.
3: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 2
7: Moutere Ihupuku / Campbell Island Marine Reserve created
1: The area comprising Section 1 on Survey Office plan SO 442749 is declared to be a marine reserve.
2: The marine reserve is named the Moutere Ihupuku / Campbell Island Marine Reserve.
3: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 3
8: Extension of Moutere Ihupuku / Campbell Island Marine Reserve
1: The Department of Conservation must, in consultation with the Ministry for Primary Industries, commission an independent review of the Moutere Ihupuku / Campbell Island Marine Reserve.
2: The review must—
a: start on or after the third anniversary of the date of commencement of this Act; and
b: be completed before the fifth anniversary of the date of commencement of this Act.
3: The review must consider whether the additional area described in subsection (11) should be included in the Moutere Ihupuku / Campbell Island Marine Reserve.
4: In considering that matter, the review must take into account the following:
a: the value of the additional area to a deepwater crab fishery:
b: the impact of a deepwater crab fishery in the additional area on the marine environment and ecosystems:
c: the biodiversity values in the additional area.
5: The review must include consultation with relevant stakeholders.
6: The Minister of Conservation must, as soon as practicable after receiving the reviewer's report on the completed review, provide the report to the Minister for Primary Industries.
7: The Ministers must consult each other about the report and, no later than 90 working days after receiving the report, the Minister for Primary Industries must provide to the Minister of Conservation his or her response to the report.
8: The Minister of Conservation may recommend the making of an Order in Council under subsection (10) only with the agreement of the Minister for Primary Industries after subsections (1) to (7) have been satisfied.
9: The recommendation (if any) must include the date to be appointed by the Order in Council, which must be no later than the sixth anniversary of the date of commencement of this Act.
10: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, appoint a date for subsections (11) to (13) to take effect. Those subsections take effect only on and from the appointed date (if any).
11: The area comprising Section 2 on Survey Office plan SO 442749 is declared to be a marine reserve.
12: The area described in subsection (11), together with the area described in section 7(1)
13: For reference, the area declared to be a marine reserve is indicated on the map in Schedule 3
14: An order under subsection (10) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(14) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Effect of declaration of marine reserves
A marine reserve declared by section 5(1) 6(1) 7(1) 8(11) section 4(1)
10: Naming of marine reserves
1: The name assigned to a marine reserve by section 5(2) 6(2) 7(2) 8(12)
a: is to be treated as if it had been assigned in accordance with subpart 3
b: is therefore the official geographic name of the marine reserve under section 31
2: The Minister of Conservation must give notice of the name in the Gazette
3: The Board must—
a: give notice of the name only in accordance with section 21(2)﻿(b)
b: state in the notice the date on which the name took effect, which is the date on which the name was assigned by the relevant subsection of this Act.
4: The Minister of Conservation may alter the name of a marine reserve declared by this Act by giving notice of the name in the Gazette
5: The Board must then give notice of the name only in accordance with section 21(2)﻿(b)
6: The name of a marine reserve notified under subsection (4)
a: is to be treated as if it had been altered in accordance with subpart 3
b: is therefore the official geographic name of the marine reserve under section 31
7: In this section,— Board section 7 NZGB Act New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
11: Rangers deemed to be appointed from New Zealand Defence Force
1: An officer in command of a vessel or an aircraft of the New Zealand Defence Force is deemed to be a ranger under the Marine Reserves Act 1971 section 17
2: However, the officer may exercise the powers, and perform the functions and duties, of a ranger only in respect of the marine reserves declared by this Act.
3: The officer may direct a person under his or her command to exercise those powers, or perform those functions or duties, to any extent and for any period that the officer thinks necessary.
4: The person may follow the directions as if he or she were a ranger.