Kaikōura (Te Tai o Marokura) Marine Management Act 2014

1: Title
This Act is the Kaikōura (Te Tai o Marokura) Marine Management Act 2014
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
The purpose of this Act is to—
a: recognise the local, national, and international importance of the coast and sea around Kaikōura ( Te Tai o Marokura
b: provide measures to assist the preservation, protection, and sustainable and integrated management of the coastal and marine environment and biological diversity of Te Tai o Marokura:
c: acknowledge the importance of kaitiakitanga and local leadership:
d: establish an advisory committee to provide advice regarding biosecurity, conservation, and fisheries matters within a marine management area:
e: establish, within Te Tai o Marokura,—
i: a marine reserve:
ii: a whale sanctuary:
iii: a New Zealand fur seal sanctuary:
iv: various mātaitai reserves and taiāpure-local fisheries:
f: amend the Fisheries (Amateur Fishing) Regulations 2013
4: Interpretation
In this Act, unless the context otherwise requires,— biosecurity, conservation, and fisheries legislation
a: Biosecurity Act 1993
b: Conservation Act 1987
c: Fisheries Act 1996
d: Marine Mammals Protection Act 1978
e: Marine Reserves Act 1971
f: Reserves Act 1977
g: Wildlife Act 1953 Director-General Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area clause 1
5: Act binds the Crown
This Act binds the Crown.
2: Te Tai o Marokura management measures
1: Kaikōura Marine Guardians and Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
6: Kaikōura Marine Guardians established
1: This section establishes an advisory committee for Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.
2: The advisory committee is named the Kaikōura Marine Guardians.
3: The Minister of Conservation and the Minister responsible for the administration of the Fisheries Act 1996
a: appoint and remove members of the Kaikōura Marine Guardians:
b: disestablish the Kaikōura Marine Guardians.
4: Before appointing or removing any member of the Kaikōura Marine Guardians in accordance with subsection (3)﻿(a), the Ministers must be satisfied that, following the appointment or removal, the following interests and areas of expertise will be represented on the advisory committee:
a: Te Rūnanga o Ngāi Tahu; and
b: the Kaikōura community; and
c: biosecurity, conservation, education, environment, fishing, marine science, and tourism.
5: The Kaikōura Marine Guardians may, subject to any directions given to them by 1 or both of the Ministers, determine their own procedure.
6: For the purposes of this section, member
7: Kaikōura Marine Guardians may advise Ministers and persons exercising statutory powers and performing statutory functions
1: The Kaikōura Marine Guardians may provide advice on any biosecurity, conservation, or fisheries matter related to the marine and coastal environment within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area to any of the following:
a: the Minister responsible for the administration of the Biosecurity Act 1993
b: the Minister of Conservation:
c: the Minister responsible for the administration of the Fisheries Act 1996
d: any person exercising a power or performing a function under the biosecurity, conservation, and fisheries legislation.
2: The Kaikōura Marine Guardians may provide advice under subsection (1) on request or on their own initiative.
3: If the matter relates exclusively to Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, the person receiving the advice must take the advice into account.
4: If the matter also relates to any area outside of Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, the person receiving the advice may, but is not required to, take the advice into account. Ministerial review
8: Ministerial review
1: The Minister of Conservation and the Minister responsible for the administration of the Fisheries Act 1996
2: The measures are—
a: the Kaikōura Marine Guardians established under section 6
b: the marine reserve established under section 9
c: the whale sanctuary established under section 11
d: the New Zealand fur seal sanctuary established under section 12
e: the mātaitai reserves established under sections 21 22 23
f: the taiāpure-local fisheries established under sections 26 27
3: Before initiating a review under subsection (1), the Ministers must consult the Kaikōura Marine Guardians on the terms of reference for the review.
4: The Ministers must ensure that, as part of the review, there is reasonable opportunity for interested persons to make submissions on the operation and effectiveness of the measures specified in subsection (2).
5: The Ministers must—
a: prepare a report on the review; and
b: present the report to the House of Representatives.
2: Hikurangi Marine Reserve
9: Hikurangi Marine Reserve
1: The area described in clause 1
2: The marine reserve is named Hikurangi Marine Reserve.
10: Effect of declaration of marine reserve
The marine reserve declared by section 9 section 4(1)
3: Te Rohe o Te Whānau Puha Whale Sanctuary and Ōhau New Zealand Fur Seal Sanctuary
Te Rohe o Te Whānau Puha Whale Sanctuary
11: Te Rohe o Te Whānau Puha Whale Sanctuary
1: The area described in clause 1
2: The whale sanctuary is named Te Rohe o Te Whānau Puha Whale Sanctuary. Ōhau New Zealand Fur Seal Sanctuary
12: Ōhau New Zealand Fur Seal Sanctuary
1: The area described in clause 3
2: The New Zealand fur seal sanctuary is named Ōhau New Zealand Fur Seal Sanctuary. Provisions that apply to both sanctuaries
13: Provisions that apply to Te Rohe o Te Whānau Puha Whale Sanctuary and Ōhau New Zealand Fur Seal Sanctuary
1: Sections 14 to 20
2: In this section and sections 14 to 20 sanctuary
14: Minister of Conservation may vary sanctuary
1: The Minister of Conservation may, by notice
2: A notice under this section 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 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 14(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 14(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
15: Minister of Conservation may impose restrictions in respect of sanctuary
1: The Minister of Conservation may, by notice
2: A notice imposing a restriction may specify circumstances in which an application for an exemption from the restriction (in whole or in part) may be granted by the Director-General.
3: Before imposing a restriction, the Minister of Conservation must—
a: publish a notice in the Gazette proposal
b: consider any submissions received within 28 days after the date of publication of the notice describing the proposal; and
c: obtain any consent required under subsection (5).
4: Subsection (5) applies where the proposal affects any matter within the responsibilities of any other Minister.
5: The Minister of Conservation must obtain the consent of the other Minister to the proposal and indicate, in the
6: For the purposes of subsections (4) and (5), other Minister
7: The Minister of Conservation need not comply with subsections (3) to (5) before varying restrictions imposed in respect of a sanctuary where the variation has no more than a minor effect or corrects errors or makes minor technical changes.
8: A notice under this section 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 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 15(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
16: Restrictions to be imposed following commencement
1: Within 1 month after the commencement of this Act, the Minister of Conservation must publish notices in the Gazette section 15(1)
a: on seismic surveying within Te Rohe o Te Whānau Puha Whale Sanctuary:
b: on access to Ōhau New Zealand Fur Seal Sanctuary.
2: Section 15(3) to (5) Gazette
17: Director-General may recover costs of assessing application
1: This section applies to any person who applies, in accordance with section 15(2) section 15(1)
2: The Director-General may require the person to pay any costs incurred by the Director-General in assessing the application.
3: The Director-General may,—
a: before assessing the application, estimate the costs and require the person to pay the estimated costs before the Director-General assesses the application; and
b: after assessing the application, determine the actual costs and provide a refund or require further payment as appropriate.
4: If the costs are wholly or partly unpaid 20 working days after a request for payment, the Director-General may recover the unpaid costs from the person as a debt due.
18: Offences related to sanctuaries
1: A person commits an offence who—
a: fails to comply with a restriction imposed in respect of a sanctuary by a section 15(1)
b: makes any false or misleading statement in any application to the Director-General for an exemption from a restriction.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
3: If a person is convicted of an offence against subsection (1) and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable, instead of any other penalty prescribed for the offence, to—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000. Section 18(1)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021
19: Application of Marine Mammals Protection Act 1978: offences and enforcement
1: The following provisions of the Marine Mammals Protection Act 1978 section 22
a: section 22(5)
b: section 26(3)
c: section 26A
2: In relation to a sanctuary, every person declared or appointed to be a Marine Mammals Officer under section 11(1) or (2)
a: is entitled to be provided with subsistence and accommodation in accordance with section 12
b: may exercise powers of search in accordance with section 13
c: may obtain a warrant in accordance with section 14
d: is protected (together with the Crown and any person acting under the officer's instructions) from proceedings in respect of certain actions in accordance with section 15
3: For the purposes of subsections (1) and (2),—
a: a breach of a restriction imposed by a section 15(1) Marine Mammals Protection Act 1978
b: an offence against section 18 Marine Mammals Protection Act 1978
4: Subsections (5) and (6) apply where any person causes an officer to incur any expense—
a: by that person failing to comply with or acting in contravention of any restriction imposed by a section 15(1)
b: by that person failing to comply with or acting in contravention of any order, direction, requirement, or condition reasonably and properly given or imposed in accordance with this subpart or by a section 15(1)
5: The person must reimburse the Crown for the amount of the expense that—
a: is reasonably and properly incurred; and
b: the officer would not otherwise have incurred.
6: The amount is recoverable from the person as a debt due to the Crown. Section 19(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(3)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(4)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021
20: Application of Marine Mammals Protection Act 1978: administration of sanctuaries and policies, strategies, and plans
Sections 3A to 3H section 22 Section 20 amended 28 October 2021 section 3 Secondary Legislation Act 2021
4: Mātaitai reserves and taiāpure-local fisheries
Mātaitai reserves declared
21: Mangamaunu Mātaitai
1: The area described in clause 1
2: The mātaitai reserve is named Mangamaunu Mātaitai.
22: Oaro Mātaitai
1: The area described in clause 2
2: The mātaitai reserve is named Oaro Mātaitai.
23: Te Waha o te Marangai Mātaitai
1: The area described in clause 3
2: The mātaitai reserve is named Te Waha o te Marangai Mātaitai.
24: Appointment of Tangata Tiaki/Kaitiaki for mātaitai reserves
1: Te Rūnanga o Kaikōura may nominate Tangata Tiaki/Kaitiaki for each mātaitai reserve declared by sections 21 22 23 form 1
2: The Minister of the Crown who, with the authority of the Prime Minister, is for the time being responsible for the administration of the Fisheries Act 1996
25: Effect of declaration of mātaitai reserve
1: A mātaitai reserve declared by section 21 22 23 Gazette regulation 20
2: An appointment of a Tangata Tiaki/Kaitiaki under section 24 regulation 21
3: Regulation 22(1)﻿(a) and (b) and (2) Taiāpure-local fisheries declared
26: Te Taumanu o Te Waka a Māui Taiāpure
1: The area described in clause 4
2: The taiāpure-local fishery is named Te Taumanu o Te Waka a Māui Taiāpure.
27: Oaro-Haumuri Taiāpure
1: The area described in clause 5
2: The taiāpure-local fishery is named Oaro-Haumuri Taiāpure.
28: Effect of declarations of taiāpure-local fisheries
A taiāpure-local fishery declared by section 26 27 section 175
5: Consequential amendments
29: Amendments to the Fisheries (Amateur Fishing) Regulations 2013 relating to Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
1: This section amends the Fisheries (Amateur Fishing) Regulations 2013
2: Amend the provisions set out in Schedule 5
3: After Schedule 10 Schedule 10A Schedule 6 2014-08-08 Fisheries (Amateur Fishing) Regulations 2013
30: Consequential amendments
Amend the enactments specified in Schedule 7 2014-08-08 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013