Hauraki Gulf Marine Park Act 2000

1: Title
This Act is the Hauraki Gulf Marine Park Act 2000.
2: Commencement
This Act comes into force on the date on which this Act receives the Royal assent.
3: Purpose
The purpose of this Act is to—
a: integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
b: establish the Hauraki Gulf Marine Park:
c: establish objectives for the management of the Hauraki Gulf, its islands, and catchments:
d: recognise the historic, traditional, cultural, and spiritual relationship of the tangata whenua with the Hauraki Gulf and its islands:
e: establish the Hauraki Gulf Forum.
4: Interpretation
In this Act, unless the context otherwise requires,— administering body section 2 catchment coastal area
a: land providing access to coastal water; or
b: land containing an uninterrupted ecological sequence of habitats and vegetation; or
c: land with historic features related to the coast coastal marine area
a: of which the seaward boundary is the outer limit of the territorial sea:
b: of which the landward boundary is the line of mean high water springs, except that, where that line crosses a river, the landward boundary at that point is the lesser of—
i: 1 kilometre upstream from the mouth of the river; or
ii: the point upstream that is calculated by multiplying the width of the river mouth by 5 coastal water conservation area
a: land or foreshore for the time being held under the Conservation Act 1987
b: land in respect of which an interest is held under the Conservation Act 1987 Conservation Board section 6L constituent party section 16(2) Deed of Recognition section 44 economic activity environment
a: ecosystems and their constituent parts, including people and communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters foreshore Hauraki Gulf Gulf
a: means the coastal marine area on the east coast of—
i: the Auckland Region, as constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette
ii: the Waikato Region, as constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette
b: includes estuaries and the tidal parts of rivers and creeks on the east coast of the Auckland Region and the east coast of the Waikato Region Hauraki Gulf Forum Forum section 16 Hauraki Gulf Marine Park Park section 33 local authority Local Government Act 2002 Maori land Maori customary land Te Ture Whenua Maori Act 1993 marine mammal sanctuary Marine Mammals Protection Act 1978 marine reserve Marine Reserves Act 1971 mataitai reserve Gazette Fisheries Act 1996 Minister regional council Local Government Act 2002 regional park Local Government Act 1974 reserve Reserves Act 1977 taiapure-local fishery Part 9 territorial authority Local Government Act 2002 wildlife refuge Wildlife Act 1953 wildlife sanctuary Wildlife Act 1953 Section 4 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 4 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002
5: Act to bind the Crown
This Act binds the Crown.
6: Treaty of Waitangi (Te Tiriti o Waitangi)
1: Subject to subsections (2) and (4), the provisions of Part 3 Treaty of Waitangi (Te Tiriti o Waitangi)
2: Subsection (1) does not apply in respect of any area of the Park that is foreshore, seabed, private land, taiapure-local fishery, or mataitai.
3: When carrying out its functions under Part 2 Treaty of Waitangi (Te Tiriti o Waitangi)
4: Nothing in Part 1 Part 3 Part 4 Treaty of Waitangi (Te Tiriti o Waitangi) Schedule 1
1: Management of Hauraki Gulf
7: Recognition of national significance of Hauraki Gulf
1: The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.
2: The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—
a: to provide for—
i: the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and
ii: the social, economic, recreational, and cultural well-being of people and communities:
b: to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:
c: to maintain the soil, air, water, and ecosystems of the Gulf.
8: Management of Hauraki Gulf
To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—
a: the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:
b: the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:
c: the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:
d: the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:
e: the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:
f: the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.
9: Relationship of Act with Resource Management Act 1991
1: For the purposes of this section and section 10 district plan plan proposed plan regional plan regional policy statement resource consent New Zealand coastal policy statement Resource Management Act 1991 regional council territorial authority Local Government Act 2002
2: A regional council must ensure that any part of a regional policy statement or a regional plan that applies to the Hauraki Gulf, its islands, and catchments, does not conflict with sections 7 8
3: A territorial authority must ensure that any part of a district plan that applies to the Hauraki Gulf, its islands, and catchments, does not conflict with sections 7 8
4: A consent authority must, when considering an application for a resource consent for the Hauraki Gulf, its islands, and catchments, have regard to sections 7 8 Resource Management Act 1991
5: The provisions of section 55 sections 7 8 Section 9(1) amended 1 July 2003 section 262 Local Government Act 2002
10: Creation of New Zealand coastal policy statement by this Act
1: For the coastal environment of the Hauraki Gulf, sections 7 8 Resource Management Act 1991
2: For the coastal environment of the Hauraki Gulf, if there is a conflict between sections 7 8 Resource Management Act 1991
3: The provisions of section 55
11: Statements of general policy under Conservation Act 1987 and Acts in Schedule 1 of that Act
1: For the purposes of each of the following Acts for the Hauraki Gulf, sections 7 8
a: Wildlife Act 1953, section 14C
b: Marine Reserves Act 1971, section 6
c: Reserves Act 1977, section 15A
d: Wild Animal Control Act 1977, section 5
e: Marine Mammals Protection Act 1978, section 3B
f: National Parks Act 1980, section 44
g: Conservation Act 1987, section 17B
h:
2: Where a statement of general policy is created by this section and the Act to which that statement of general policy applies contains a provision stating that the general policy must not derogate from the provisions of that Act, the requirement in subsection (1) may be implemented for the Hauraki Gulf only to the extent that implementation does not derogate from the provisions of that Act.
3: Where a conservation management strategy or a conservation management plan made under an Act listed in this section derogates from a statement of general policy created by this section, the requirement that the strategy or plan must not derogate from a statement of general policy does not take effect for any statement of general policy made under this section until the date that the strategy or plan is next amended or reviewed. Section 11(1)﻿(h) repealed 30 September 2008 section 82 Walking Access Act 2008
12: Amendment to Fisheries Act 1996
Amendment(s) incorporated in the Act(s)
13: Obligation to have particular regard to sections 7 and 8
Except as provided in sections 9 to 12 Schedule 1 sections 7 8
14: Preservation of existing rights
1: Nothing in this Act limits or affects any title or right to ownership of the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments, whether that title or right to ownership is conferred by Act, common law, or in any other manner.
2: Nothing in this Act limits or affects the ability of any person to bring a claim or to continue any existing claim in any court or tribunal relating to the foreshore, seabed, or other land or natural resources of the Hauraki Gulf, its islands, and catchments arising out of the application of the Treaty of Waitangi
3: Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2).
2: Hauraki Gulf Forum
15: Purposes of Forum
The Forum has the following purposes:
a: to integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand:
b: to facilitate communication, co-operation, and co-ordination on matters relating to the statutory functions of the constituent parties in relation to the Hauraki Gulf, its islands, and catchments, and the Forum:
c: to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.
16: Establishment of Forum
1: A body called the Hauraki Gulf Forum is established.
2: The Forum consists of the following representatives:
a: 1 representative appointed by the Minister:
b: 1 representative appointed by the Minister of Fisheries:
c: 1 representative appointed by the Minister of Maori Affairs:
ca: 7 representatives appointed by the Auckland Council:
d: 1 representative appointed by each of the following local authorities:
i:
ii:
iii:
iv: Hauraki District Council:
v:
vi: Matamata-Piako District Council:
vii:
viii:
ix: Thames-Coromandel District Council:
x: Waikato District Council:
xi: Waikato Regional Council:
xii:
e: 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.
f:
2A: The representatives appointed in accordance with subsection (2)﻿(ca)
a: be members of—
i: the Auckland Council; or
ii: a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001; and
b: include 1 member of each of the Great Barrier Island and Waiheke Island local boards.
3: The representatives appointed in accordance with subsection (2)﻿(d) or Local Electoral Act 2001
4:
5: If two-thirds or more of the constituent parties agree, a local authority whose powers and functions may have an effect on the Hauraki Gulf, its islands, and catchments, and whose inclusion in the Forum will further the interests of the Forum and of the Hauraki Gulf may join the Forum as a constituent party and appoint a representative to the Forum. Section 16(2)﻿(ca) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(i) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(ii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(iii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(v) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(vii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(viii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(d)﻿(xii) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2)﻿(f) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(2A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 16(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 16(4) repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
17: Functions of Forum
1: To promote sections 7 8
a: to prepare a list of strategic issues, determine a priority for action on each issue, and regularly review that list:
b: to facilitate and encourage co-ordinated financial planning, where possible, by the constituent parties:
c: to obtain, share, and monitor information on the state of the natural and physical resources:
d: to receive reports on the completion and implementation of deeds of recognition:
e: to require and receive reports from constituent parties on the development and implementation of policies and strategies to address the issues identified under paragraph (a):
f: to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans:
g: to prepare and publish, once every 3 years, a report on the state of the environment in the Hauraki Gulf, including information on progress towards integrated management and responses to the issues identified in accordance with paragraph (a):
h: to promote and advocate the integrated management and, where appropriate, the sustainable management of the Hauraki Gulf, its islands, and catchments:
i: to encourage, share, co-ordinate where appropriate, and disseminate educational and promotional material:
j: to liaise with, and receive reports from, persons and groups having an interest in the Hauraki Gulf and business and community interests to promote an interest in the purposes of the Forum:
k: to commission research into matters relating to the functions of the Forum.
2: When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.
18: Powers of Forum
1: The Forum has the powers that are reasonably necessary to carry out its functions.
2: The Forum's powers include the powers—
a: to consider issues related to its purpose; and
b: to receive reports from constituent parties; and
c: to make recommendations to constituent parties; and
d: to advise any person who requests the Forum's advice; and
e: to commission or undertake those activities that are necessary to achieve its purpose.
3: The Forum must not—
a: appear before a court or tribunal other than as a witness if called by a party to proceedings; or
b: take part in a decision-making process under any enactment other than to advise when requested to do so.
19: Costs of administrative and servicing functions of Forum
1: The administrative and servicing functions of the Forum and the costs of those functions must be agreed from time to time by the Forum.
2: Unless the constituent parties agree otherwise, the costs agreed under subsection (1) must be divided equally among the constituent parties and each constituent party must pay 1 share of the costs.
3: Administrative and servicing costs are not payable by constituent parties who are tangata whenua representatives.
20: Costs of other activities
1: The Forum may undertake an activity under section 18(2)﻿(e)
a: a majority of the representatives agrees to undertake the activity; and
b: 1 or more of the constituent parties (other than tangata whenua representatives) agree in advance to pay the costs of the activity.
2: If the costs of an activity are not agreed in advance, the Forum must not proceed with the activity.
3: Section 18(3)
4: This section does not apply to the administrative and servicing functions in section 19
21: Presentation of report
The Forum must present a copy of each report prepared by it under section 17(1)﻿(g)
22: Forum to be joint committee
1: Subject to section 28 clause 30(1)﻿(b)
2: Clauses 20 22 23 24 26 28 29 30(2)
3: The Forum may appoint such subcommittees as it considers appropriate. Section 22 substituted 1 July 2003 section 262 Local Government Act 2002
23: Forum to follow model standing orders
1: Unless three-quarters of the representatives present at a meeting of the Forum agree otherwise, at its meetings the Forum must follow the New Zealand Standard for standing orders (NZS: 9202:1992).
2: If the Forum agrees in accordance with subsection (1) to adopt other standing orders, those standing orders must not contravene the provisions of the Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Section 23(2) amended 1 July 2003 section 262 Local Government Act 2002
24: Term of representatives
1: Each representative appointed by a constituent party (other than tangata whenua representatives) may serve on the Forum for the period of time determined by the constituent party that appointed the representative.
2: A tangata whenua representative may serve on the Forum for the period of time determined by the Minister at the time of the appointment.
25: Appointment of chairperson
The Forum may from time to time appoint one of the representatives to act as chairperson and that chairperson holds office for the period agreed by the Forum at the time of that chairperson's appointment.
26: Powers and obligations of constituent parties
Each constituent party (other than tangata whenua representatives)—
a: may acquire, hold, and dispose of real or personal property for the use of the Forum; and
b: may remunerate its representative or representatives for the cost of that person's participation in the Forum; and
c: must provide to the Forum such information or reports as may be required by the Forum; and
d: must pay administration and servicing costs in accordance with section 19
e: must pay the costs of any activity that the constituent party has agreed to pay; and
f: may carry out any other functions or duties specified in this Act.
27: Powers and obligations of Auckland Council
The Auckland Council must store the Forum's records and make them available when the Forum requires. Section 27 substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
28: Appointment and functions of administering authority
1: The constituent parties may, from time to time by agreement with the appointee, appoint one of their number to be the administering authority for the purposes of this Part for a period of no less than 3 years.
2: If, at the first meeting of the Forum or at the first meeting of the Forum after the term of an appointment of an administering authority has expired, the constituent parties fail to make an appointment, the Minister must appoint one of the constituent parties to be the administering authority.
3: A constituent party appointed as the administering authority may be reappointed.
4: The administering authority must—
a: administer and service the Forum; and
b: ensure as far as practicable that the functions, powers, and duties set out in this Part are carried out.
5: For administrative purposes, the Forum is to be treated as a committee of the administering authority.
29: Payment of tangata whenua
1: The Minister must pay to tangata whenua representatives on the Forum, from any appropriation by Parliament for this purpose,—
a: remuneration by way of allowances, travelling allowances, and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
b: after agreement between the Minister and tangata whenua representatives, made before any costs are incurred, actual and reasonable communication costs and consultation costs incurred in the course of their work as tangata whenua representatives on the Forum.
2: If there is no agreement between the Minister and tangata whenua representatives under subsection (1)﻿(b), the Minister may make such payment to tangata whenua representatives as the Minister considers appropriate in the circumstances.
3: The provisions of the Fees and Travelling Allowances Act 1951
30: Liability of representatives
No representative on the Forum is personally liable for any liability of the Forum, or for any act done or omitted by the Forum, or by a representative in good faith in the exercise of the functions, duties, or powers of the Forum.
31: Annual report
1: The Forum must, on or before 31 August each year, report to the Minister on the exercise of its powers and the carrying out of its functions during the preceding year ending on 30 June.
2: The report must identify the progress made by the Forum towards achieving the purposes of the Forum set out in section 15
3: A copy of the annual report must be presented to the House of Representatives by the Minister.
3: Hauraki Gulf Marine Park
32: Purposes of Hauraki Gulf Marine Park
The purposes of the Hauraki Gulf Marine Park are—
a: to recognise and protect in perpetuity the international and national significance of the land and the natural and historic resources within the Park:
b: to protect in perpetuity and for the benefit, use, and enjoyment of the people and communities of the Gulf and New Zealand, the natural and historic resources of the Park including scenery, ecological systems, or natural features that are so beautiful, unique, or scientifically important to be of national significance, for their intrinsic worth:
c: to recognise and have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands and coastal areas, and the natural and historic resources of the Park:
d: to sustain the life-supporting capacity of the soil, air, water, and ecosystems of the Gulf in the Park.
33: Establishment of Hauraki Gulf Marine Park
1: The Hauraki Gulf Marine Park is established.
2: The Hauraki Gulf Marine Park consists of—
a: all conservation areas, wildlife refuges, wildlife sanctuaries, reserves, marine mammal sanctuaries, and marine reserves held, managed, or administered by the Crown from time to time in accordance with the Conservation Act 1987 Schedule 1
b: any reserve controlled and managed from time to time by an administering body (whether or not that administering body is a local authority) under an appointment to control and manage made in accordance with the Reserves Act 1977
c: all the common marine and coastal area
d: all seawater within the Hauraki Gulf:
e: all land of the Crown in the Hauraki Gulf, within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971:
f: all land included in the Park in accordance with section 34 section 35
g: all mataitai reserves and taiapure-local fisheries included in the Park in accordance with section 36
h: all land—
i: included in the Park to give effect to legislation settling historical claims of iwi and hapū under the Treaty of Waitangi
ii: described in Schedule 5
3: The inclusion of seawater in the Hauraki Gulf Marine Park is to give effect to the purposes of the Park and does not—
a: give the Crown or any other person ownership of seawater; or
b: affect the responsibilities of a regional council in the coastal marine area.
4: Land to which subsection (2)﻿(a) applies and which is used for the purposes of education, defence, police, or prisons is not a part of the Park unless the Minister responsible for that use of the land requests the Minister to include the land in the Park; and the Minister may do so by notice in the Gazette
5: Despite subsection (4), the land described in Part 1
a: must be held, and treated as classified, as an historic reserve under section 18
b: must be treated as included in the Park under subsection (2)﻿(a).
6: If the land or any part of the land described in Part 2
a: must be held, and treated as classified as a recreation reserve under section 17
b: must be treated as included in the Park under subsection (2)﻿(a).
7: Despite any provision of the Defence Act 1990 Part 2 section 17
8: For the purposes of subsection (7), Commissioner section 2 Section 33(2)﻿(c) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 33(2)﻿(h) inserted 1 August 2014 section 164(2) Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
34: Inclusion of other public land in Park
1: If the person specified in subsection (2) consents to the inclusion of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: with the consent of the owner (including the Crown) and the administering body, any reserve within the Hauraki Gulf, its islands, or coastal area, that is owned by or vested in an administering body (whether or not that administering body is a local authority):
b: with the consent of a local authority, any reserve within the Hauraki Gulf, its islands, or coastal area that is owned by that local authority:
c: with the consent of the local authority, any regional park or other open space or building owned by a local authority and managed to protect its natural or historic values, within the Hauraki Gulf, its islands, or coastal area.
35: Inclusion of land in private ownership in Park
1: If the owner of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) consents to the inclusion of that land in the Park, the Minister may, by notice in the Gazette
2: The following land may be included in the Park in accordance with this section:
a: land subject to a conservation covenant entered into under section 77 section 27
b: land subject to a Nga Whenua Rahui kawenata entered into under section 77A section 27A
c: land subject to a heritage covenant entered into under section 39
d: land subject to an open space covenant entered into under section 22
e: land subject to a declaration under section 76
f: land controlled and managed by a Minister or an administering body for the purposes of the Reserves Act 1977 section 38
g: any land in the Hauraki Gulf, other than land owned by the Crown, whether or not it is subject to a covenant referred to in paragraphs (a) to (d), within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971. Section 35(2)﻿(c) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
36: Inclusion of certain fisheries in Park
If, in the opinion of the Minister, the inclusion of a taiapure-local fishery or mataitai reserve in the Hauraki Gulf Marine Park is in accordance with the purpose of the Park, that taiapure-local fishery or mataitai reserve may, with the consent of the Minister of Fisheries and the committee of management or the tangata whenua, as the case may be, be included in the Park.
37: Effect of Park
1: Any person holding, controlling, or administering land, foreshore, seabed, marine reserve, a taiapure-local fishery, or a mataitai reserve in the Hauraki Gulf Marine Park must recognise and give effect to the purpose of the Park.
2: Nothing in this Part—
a: affects any land in the Hauraki Gulf, its islands, or coastal area, that is not expressly included in the Park in accordance with this Part:
b: limits the ability of the Minister or an administering body to acquire conservation areas, reserves, wildlife refuges, wildlife sanctuaries, or marine reserves within the Gulf or the Park:
c: changes the ownership or management of areas of land, foreshore, seabed, or the waters of the Gulf:
d: limits the powers and functions of a regional council in the coastal marine area.
3: Despite subsection (1), land included in the Park in accordance with section 33(2)﻿(a), (b), (c), or (e) Conservation Act 1987 Schedule 1 Removal of land, foreshore, seabed, waters, or fisheries from Park
38: Removal of
1: The Governor-General may, by Order in Council, and acting on the recommendation of the Minister, remove any land in section 33(2)﻿(a), (b), (c), and (e)
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must be satisfied that the land no longer serves the purpose of the Park and have regard to the following matters:
a: the existing use of the land:
b: the purposes of the Act under which the land is held:
c: the status or classification of the land.
3: An order 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 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 38 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 38(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Removal of
land with protected status
1: Land, marine mammal sanctuaries, and marine reserves in section 33(2)﻿(a), (b), and (c)
a: exchanging a conservation area under section 16A
b: disposing of a conservation area under section 26
c: exchanging a reserve under section 15
d: revoking a reserve under section 24
e: revoking or disposing of a wildlife refuge or a wildlife sanctuary:
f: varying, redefining, or abolishing a marine mammal sanctuary under section 22
g: revoking a marine reserve.
2: Before taking an action under subsection (1), the Minister must, in addition to any requirements of a relevant Act, consider the purpose of the Park and be satisfied that the land or marine reserve no longer serves the purpose of the Park.
3: A local authority or the administering body of a reserve must, before requesting the revocation of a reserve under section 24
4: The notice, Order in Council, or other instrument that carries out the action in subsection (1), must state that the land, marine mammal sanctuary, or marine reserve has been removed from the Park. Section 39 amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
40: Removal of other areas from Park
The Minister may, by notice in the Gazette
a: remove any foreshore or seabed or reclamation from the Park; or
b: remove any land of the Crown within a wetland from the Park; or
c: with the consent of the local authority, remove any open space or building owned by a local authority and managed to protect its natural or historic values from the Park.
41: Removal of land in private ownership and certain fisheries from Park
1: The Minister may, by notice in the Gazette
a: any land in private ownership specified in section 35
b: any taiapure-local fishery or mataitai reserve.
2: The Minister may remove the land, taiapure-local fishery, or mataitai reserve from the Park if the Minister considers that the inclusion of that land, taiapure-local fishery, or mataitai reserve in the Park is no longer serving the purpose of the Park.
3: The Minister must remove the land, a taiapure-local fishery, or a mataitai reserve from the Park within 20 working days (as defined in the Conservation Act 1987
41A: Removal of land described in Schedule 5 from Park
1: The Governor-General may, by Order in Council, on the recommendation of the Minister of Conservation,—
a: remove from the Park any land included in the Park by Schedule 5
b: amend Schedule 5
2: The Minister, before making a recommendation to the Governor-General under subsection (1), must—
a: be satisfied that the land no longer serves the purpose of the Park; and
b: have regard to—
i: the existing use of the land; and
ii: the status or classification (if any) of the land.
3: An order 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 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 41A inserted 5 July 2018 section 71 Ngāi Tai ki Tāmaki Claims Settlement Act 2018 Section 41A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Entries in register
The Registrar-General of Land is authorised and directed to make such entry in the register and to do such other things as may be necessary to show the inclusion of land within the Park or the removal of land from the Park.
43: Notation on survey office plans
The Chief Surveyor is authorised and directed to do such things as may be necessary to show on the survey office plans the inclusion of land within the Park or the removal of land from the Park. Deed of Recognition
44: Recognition of tangata whenua statement of relationship
1: The Crown or a local authority may acknowledge any statement of particular historic, traditional, cultural, and spiritual relationship of tangata whenua of the Hauraki Gulf with any land, foreshore, or seabed in the Hauraki Gulf Marine Park by entering into a Deed of Recognition with tangata whenua in respect of that land, foreshore, or seabed.
2: A Deed of Recognition—
a: may not relate to any water:
b: may not relate to any land included in the Park in accordance with section 35
3: A Deed of Recognition—
a: may record the Crown's or local authority's acknowledgement referred to in subsection (1); and
b: must identify the area to which the Deed of Recognition relates; and
c: may acknowledge, where appropriate, any statement of relationship by any others who claim tangata whenua status with the area; and
d: without limiting section 46
4: A Deed of Recognition may be amended or revoked by agreement between the parties.
45: Purpose of Deed of Recognition
Without limiting section 46
46: Effect of Deed of Recognition
Except as provided in section 44(3)﻿(d) section 45
a: does not affect the exercise of any power or the carrying out of any function or duty by any person under any Act, regulation, or bylaw; and
b: must not be taken into account by any person in the exercise of any power or the carrying out of any function or duty under any Act, regulation, or bylaw by that person; and
c: does not permit any person, when considering any matter or making any decision or recommendation under any Act, regulation, or bylaw, to give any greater or lesser weight to a statement of relationship of tangata whenua with any area, as recorded in a Deed of Recognition, than that person would give under that Act, regulation, or bylaw if no Deed of Recognition existed recording that statement; and
d: does not affect the lawful rights or interests of any person; and
e: does not have the effect of granting, creating, or providing evidence of any estate or interest in or any rights of any kind whatever relating to any area referred to in a Deed of Recognition.
47: Other Deeds of Recognition
Where the Crown or local authority has entered into a Deed of Recognition for an area with tangata whenua, that Deed of Recognition does not prevent the Crown or local authority from entering into further Deeds of Recognition for that area with other tangata whenua who may have an historic, traditional, cultural, and spiritual relationship with that area.
48: Notice of Deed of Recognition
When the Crown or local authority enters into a Deed of Recognition, or is a party to a Deed of Recognition that is amended or revoked, the Crown or local authority, as the case may be, must, by notice in the Gazette
4: Miscellaneous
49: Consequential amendments
The enactments specified in Schedule 2
49A: Transitional provisions
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; but
b: not finally determined before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
2: The continuation and completion of an application (including rights of appeal) must be in accordance with the Resource Management Act 1991
3: Subsection (4) applies to an application that, under section 119(4) sections 7 8
4: The Minister must consider the application as if the referral back had not been made.
5: For the purposes of subsection (4), the time period under section 119(1) Hauraki Gulf Marine Park Amendment Act 2001 Section 49A inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
49B: Applications finally determined
1: This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—
a: made before the commencement of this Act; and
b: finally determined—
i: before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001
ii: without complying with section 9(4)
2: A decision (including a decision on an appeal) relating to an application has effect, on and from the date it is made, as if this Act had not been enacted. Section 49B inserted 16 June 2001 section 3 Hauraki Gulf Marine Park Amendment Act 2001
50: Map to indicate boundaries
The catchment area and coastal marine area of the Hauraki Gulf are indicated in general terms only on the map in Schedule 3 section 4