Marine Reserves Act 1971

1: Short Title
This Act may be cited as the Marine Reserves Act 1971.
2: Interpretation
In this Act, unless the context otherwise requires,— area
a: the seabed vertically below an area of the surface of—
i: the territorial sea of New Zealand
ii: the internal waters of New Zealand as defined by section 4 the Territorial Sea , Contiguous Zone,
b: the foreshore of the coast of New Zealand;— and includes any water at any material time upon or vertically above it Board section 6L Conservation Authority section 6A conservation management plan section 8 conservation management strategy section 17F Department Director-General firearm section 2 to shoot infringement fee infringement offence
a: an offence against section 21
b: an offence against regulations made under this Act that is declared by regulations to be an infringement offence marine life Wildlife Act 1953 marine reserve reserve section 4 mining interest
a: a coal mining right within the meaning of the Coal Mines Act 1979
b: a mining licence or prospecting licence within the meaning of the Petroleum Act 1937:
c: any authority to prospect or mine for ironsands granted by the Minister of Mines pursuant to section 3 of the Iron and Steel Industry Act 1959, and any authority to enter on land given by him pursuant to section 6 of that Act, and any right to prospect or mine for ironsands which by virtue of section 5 of that Act may continue to be exercised as if the said section 3 had not been passed:
d: while the Mining Act 1926 continues in force, a mining privilege within the meaning of that Act:
e: after the commencement of the Mining Act 1971, a mining privilege within the meaning of that Act:
f: any licence issued under section 5
g: any right to prospect or mine for minerals conferred by any other enactment or by any instrument Minister ranger sell
a: barter and any form of exchange for consideration:
b: offering or attempting to sell:
c: receiving for sale or having in possession for sale:
d: exposing for sale:
e: sending or delivering for sale:
f: causing or allowing to be sold, offered for sale, or exposed for sale;— and sale sold taking to take use Section 2 area amended 1 October 1977 section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2 area amended 1 August 1996 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 1996 Section 2 area amended 1 October 1977 section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2 Board inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 Conservation Authority inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 conservation management plan inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 conservation management strategy inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 Department replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 2 Director-General replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 2 firearm replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 2 hunt or kill repealed 1 October 1996 section 316(1) Fisheries Act 1996 Section 2 infringement fee inserted 21 December 2018 section 21 Conservation (Infringement System) Act 2018 Section 2 infringement offence inserted 21 December 2018 section 21 Conservation (Infringement System) Act 2018 Section 2 mining interest amended 1 April 1980 Coal Mines Act 1979 Section 2 Minister replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 2 Secretary for Marine repealed 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 2 sell inserted 1 October 1996 section 316(1) Fisheries Act 1996
3: Marine reserves to be maintained in natural state, and public to have right of entry
1: It is hereby declared that the provisions of this Act shall have effect for the purpose of preserving, as marine reserves for the scientific study of marine life, areas of New Zealand that contain underwater scenery, natural features, or marine life, of such distinctive quality, or so typical, or beautiful, or unique, that their continued preservation is in the national interest.
2: It is hereby further declared that, having regard to the general purpose specified in subsection (1), marine reserves shall be so administered and maintained under the provisions of this Act that—
a: they shall be preserved as far as possible in their natural state:
b: the marine life of the reserves shall as far as possible be protected and preserved:
c: the value of the marine reserves as the natural habitat of marine life shall as far as possible be maintained:
d: subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the marine life or for the welfare in general of the reserves, the public shall have freedom of access and entry to the reserves, so that they may enjoy in full measure the opportunity to study, observe, and record marine life in its natural habitat.
3: For the purposes of this section but subject to any authorisation given under section 11(b)
a: persons (not being persons holding a permit issued under Part 4 Gazette
b: in accordance with such conditions as to time, place, species of fish, methods, and gear to be used in fishing, as may be specified in the notice; and
c: where not inconsistent with any conditions imposed under paragraph (b), in compliance with restrictions imposed on fishing by the Fisheries Act 1983
4: Nothing in this section shall apply to prohibit any person from fishing in the reserve in accordance with any conditions imposed by any Order in Council made under section 5 Section 3(3) replaced 10 April 1990 section 50 Conservation Law Reform Act 1990 Section 3(4) inserted 13 January 1981 Marine Reserves Amendment Act 1980
4: Governor-General may declare an area to be a marine reserve
1: Subject to section 5
2: No area within the jurisdiction of any harbour board shall be declared a marine reserve without the consent of the harbour board.
3: Notwithstanding anything in the Public Works Act 1981 Minister
4: Subject to subsection (5), and to section 25 the Coal Mines Act 1979 Continental Shelf Act 1964
5: The right to do anything in a marine reserve by virtue of a mining interest (whether in force at, or after, the commencement of this Act) may, notwithstanding anything in the interest or in any of the Acts mentioned in subsection (4), be made subject to this Act or to any provision of it by the Minister of Mines, with the concurrence of the Minister
6: If the right to do anything in a marine reserve by virtue of a mining interest is made subject to this Act or to any provision of this Act, it may continue to be exercised in the marine reserve only to the extent that it can be exercised in accordance with this Act or with the provision, as the case may be; and if it cannot be exercised in accordance with this Act or with the particular provision of this Act, it shall not be exercised at all.
7: 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 4(3) amended 1 July 1987 State-Owned Enterprises Amendment Act 1987 Section 4(3) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 4(3) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 4(4) amended 10 April 1990 section 51 Conservation Law Reform Act 1990 Section 4(4) amended 1 April 1980 Coal Mines Act 1979 Section 4(5) amended 1 July 1987 State-Owned Enterprises Amendment Act 1987 Section 4(5) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 4(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Procedure for declaring a marine reserve
1: No Order in Council shall be made under section 4
a: application for the Order in Council is made to the Director-General by 1 or more of the following:
i: any university within the meaning of the Universities Act 1961:
ii: any body appointed to administer land subject to the Reserves Act 1977
iii: any body corporate or other organisation engaged in or having as one of its objects the scientific study of marine life or natural history:
iv: Maori iwi or hapu who have tangata whenua status over the area:
v: the Director-General:
b: notice of intention to apply for an Order in Council declaring the area a marine reserve has, after consultation with the Director-General
c: every notice published pursuant to paragraph (b)—
i: states the date of first publication of that notice:
ii: states the place where the plan referred to in subsection (2) may be inspected:
iii: gives a general description of the area proposed to be declared a marine reserve:
iiia: states the proposed name of the proposed marine reserve:
iv: gives an address for service:
v: calls upon all persons wishing to object to the making of the order to send their objections in writing, specifying the grounds thereof, to the Director-General
d: notice in writing of the proposed marine reserve is given by the applicant to—
i: all persons owning any estate or interest in land in or adjoining the proposed reserve. For the purposes of this subparagraph, land shall be deemed to adjoin a proposed marine reserve notwithstanding that it is separated from it by the foreshore or by any road, or that is at a distance of not more than 100 metres or any marginal strip within the meaning of the Conservation Act 1987
ii: any harbour board if the area or any part of the area proposed as a marine reserve is within the jurisdiction of that harbour board:
iii: any local authority or public body in which the foreshore or the control of the foreshore is vested if that foreshore or any part of it is within the area proposed as a marine reserve:
iv: the Secretary for Transport:
v: the Director-General of Agriculture and Fisheries.
2: The Director-General Department
3: All persons wishing to object to the making of the order shall, within 2 months from the date of first publication of the notice published pursuant to paragraph (b) of subsection (1), send their objections in writing, specifying the grounds thereof, to the Director-General
4: The applicant may, on receiving any copy of objections under subsection (3), answer those objections in writing to the Director-General Director-General
5: The Director-General
6: Where any objection has been made in accordance with subsection (3), the Minister shall, before considering the application, decide whether or not the objection should be upheld and, in doing so, shall take into consideration any answer made to the objection by the applicant and, if the applicant is the Director-General, any report on the objection and the application the Minister may have obtained from an independent source
a: interfere unduly with any estate or interest in land in or adjoining the proposed reserve:
b: interfere unduly with any existing right of navigation:
c: interfere unduly with commercial fishing:
d: interfere unduly with or adversely affect any existing usage of the area for recreational purposes:
e: otherwise be contrary to the public interest.
7: The decision of the Minister shall be final.
7A: Before the decision of the Minister becomes final under subsection (7), the proposal must, to the extent that it relates to the proposed name of the proposed marine reserve, be referred to the New Zealand Geographic Board under section 27(2) 30
8: The Director-General
9: If, after consideration of all objections, the Minister is of the opinion that no objection should be upheld and that to declare the area a marine reserve will be in the best interests of scientific study and will be for the benefit of the public, and it is expedient that the area should be declared a marine reserve, either unconditionally or subject to any conditions (including any condition as to providing the cost of marking the boundaries of the marine reserve under section 22 Part 4
10: If notice is required by this section to be given to any person, it shall be deemed to be given to all the owners of any Maori land within the meaning of the Maori Affairs Act 1953, when it is given to such owners as have been nominated for the purpose by the Registrar of the Maori Land Court at the request of the person required to give the notice. On receiving any such request the Registrar shall nominate all owners whose current addresses are known to him.
11: For the purposes of this section the expression estate or interest in land
12: This section shall bind the Crown. Section 5(1)﻿(a) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 5(1)﻿(b) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(1)﻿(c)﻿(iiia) inserted 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 5(1)﻿(c)﻿(v) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(1)﻿(d)﻿(i) amended 1 April 1987 Conservation Act 1987 Section 5(1)﻿(d)﻿(i) amended 9 October 1975 Marine Reserves Amendment Act 1975 Section 5(1)﻿(d)﻿(iv) inserted 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(1)﻿(d)﻿(v) inserted 1 April 1987 section 65(1) Conservation Act 1987 Section 5(2) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(3) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(4) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(5) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(6) amended 14 February 1978 Marine Reserves Amendment Act 1977 Section 5(7A) inserted 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 5(8) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(9) replaced 10 April 1990 section 52 Conservation Law Reform Act 1990 Section 5(12) inserted 14 February 1978 Marine Reserves Amendment Act 1977
6: General policy
1: The Minister may approve statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge.
2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
3: For the purposes of this section, sections 17B(3) 17B(4) 17N
a: in addition to the consultation required by section 17B(3)﻿(a)
b: as soon as practicable after a draft policy is prepared under section 17B(3)
c: before sending a draft policy to the Conservation Authority, the Director-General shall consider any comments made by the persons referred to in paragraph (a). Section 6 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
7: Conservation management strategies
1: Every conservation management strategy shall establish objectives for the integrated management of marine reserves under this Act.
2: For the purposes of this section, the following provisions shall apply in addition to those in section 17F
a: the Director-General shall consult the Director-General of Agriculture and Fisheries before notifying a draft strategy under section 17F(a)
b: as soon as practicable after the draft strategy has been prepared, the Director-General shall send a copy of the draft strategy to the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all regional councils within the meaning of the Local Government Act 2002
c: before sending the draft strategy to the Conservation Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and such regional councils. Section 7 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990 Section 7(2)﻿(b) amended 1 July 2003 section 262 Local Government Act 2002
8: Conservation management plans
1: The purpose of a conservation management plan under this section is to establish objectives for the management of a marine reserve or reserves.
2: For the purposes of this section, sections 17E 17G 17N
a: in addition to the consultation required by section 17F(a) section 17G(1) all regional councils within the meaning of the Local Government Act 2002
b: in addition to the notification required by section 17F(a) regional councils that are affected
c: before sending the draft plan to the Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all such regional councils that are affected Section 8 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990 Section 8(2)﻿(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 8(2)﻿(b) amended 1 July 2003 section 262 Local Government Act 2002 Section 8(2)﻿(c) amended 1 July 2003 section 262 Local Government Act 2002
9: Control and management of reserves
Subject to this Act, the Director-General shall administer, manage, and control marine reserves in accordance with approved general policies, conservation management strategies, and conservation management plans. Section 9 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
10: Particular functions of Director-General in relation to marine reserves
The Director-General shall—
a: inquire into and report to the Minister on any matter arising out of or relating to marine reserves or marine life within or outside reserves that the Minister may refer to the Director-General for a report:
b: advise the Minister on matters relating to the administration, management, control, protection, and regulation of marine reserves and to make recommendations on those matters as the Director-General thinks fit. Section 10 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
11: Particular powers of Director-General in relation to marine reserves
Without limiting the generality of section 9
a: manage reserves in the interests of the conservation, propagation, and preservation of species, and ensure the protection and well-being of marine life of reserves:
b: authorise the taking for scientific purposes of any specimens of marine life or material in any reserve, and prescribe the conditions of such taking and retention or disposal of those specimens or for their return to any reserve:
c: take such steps as may be necessary to ensure the continued welfare of any reserve in the interests of scientific study of marine life and for the enjoyment of the reserve by the public. Section 11 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
12: Conservation objectives to be considered by Director-General
In the exercise of any of the powers conferred on the Director-General by this Act, the Director-General shall have regard to the desirability of preserving the natural features and marine life of reserves, and, in particular, shall ensure that—
a: reserves are maintained so far as possible in a state of nature; and
b: reserves are available for the purposes of scientific research. Section 12 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
13: Conservation function of New Zealand Conservation Authority
The New Zealand Conservation Authority shall bring to the attention of the Director-General such matters concerning the welfare of marine reserves as it considers necessary to promote the continued welfare of marine reserves. Section 13 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
14: Procedure for making bylaws
Section 14 repealed 10 April 1990 section 53 Conservation Law Reform Act 1990
15: Proof of bylaws
Section 15 repealed 10 April 1990 section 53 Conservation Law Reform Act 1990
16: Penalty for breach of bylaws
Section 16 repealed 10 April 1990 section 53 Conservation Law Reform Act 1990
17: Rangers
1: The Director-General
2: Every ranger appointed under this section shall be appointed for such term not exceeding 3 years as the Director-General
3: The Director-General
4: Any ranger may at any time be removed from office by the Director-General Director-General
5: Any ranger shall, on the expiration of the term of his appointment, or on the sooner expiry of his appointment by removal from office or resignation, surrender to the Director-General
6: No person appointed by the Director-General the Government Superannuation Fund Act 1956
7: Every constable section 76 section 59 Section 17(1) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(2) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(3) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(4) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(5) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(6) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 17(6) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(7) replaced 10 April 1990 section 54 Conservation Law Reform Act 1990 Section 17(7) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
18: General powers of rangers
1: Every ranger may, in the exercise of his or her duty and upon production of his or her warrant of appointment (if so required),—
a: require any person whom he or she reasonably believes to have committed or to be committing or about to commit an offence against this Act or any regulations made under this Act to refrain or desist from that act:
b: require any person whom he or she reasonably believes to have committed or to be committing or about to commit an offence against this Act or any regulations made under this Act to give the person’s full name, residential address, and date of birth
c: pursue and apprehend, without warrant, any person whom he or she reasonably believes to have committed or to be committing an offence against this Act or any regulations made under this Act:
d: stop any vessel, vehicle, or other conveyance, or any aircraft while on the ground or on the water, or any other device for carriage or transportation, or stop in transit any parcel, package, case, bag, luggage, or other container that is or that he or she reasonably believes to be in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land, sea, or air), if he or she reasonably believes that any breach of this Act or of any regulation made under this Act has been committed by the owner or by the person in possession thereof or by any other person, and, in the presence of the owner or other person or of any servant of any of them, enter and search any such vessel, vehicle, other conveyance, aircraft, or other device, and in such presence open and search any such parcel, package, case, bag, luggage, or other container.
2: The powers of a ranger under this Act shall be exercisable within any marine reserve; and if a ranger is in fresh pursuit of an offender the ranger may, without warrant, apprehend the offender outside a marine reserve and may exercise any power conferred on a ranger by this Act.
3: The provisions of Part 4 subpart 3 Section 18 replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 18(1)﻿(b) amended 21 December 2018 section 22 Conservation (Infringement System) Act 2018 Section 18(3) inserted 1 October 2012 section 276(2) Search and Surveillance Act 2012
18A: Powers of seizure
1: A ranger may seize—
a: any vessel or vehicle or other conveyance which he or she believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against subsection (1) or subsection (3)﻿(d) of section 18I
b: any fishing gear, implement, appliance, material, container, goods, equipment, or thing which he or she believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against this Act or any regulations made under this Act:
c: any marine life which he or she believes on reasonable grounds are being or have been taken, transported, bought, sold, or found in the possession of any person, in contravention of this Act or any regulations made under this Act; or any other marine life with which such marine life has been intermixed:
d: any article, record, document, or thing which he or she believes on reasonable grounds is evidence of the commission of an offence against this Act or any regulations made under this Act:
e: all nets, traps, firearms, ammunition, explosives, engines, instruments, appliances, equipment, or devices that he or she believes on reasonable grounds are being used or are intended to be used or have been used in breach of this Act or any regulations made under this Act:
f: any bag, container, or other article that he or she believes on reasonable grounds is being used for the purpose of carrying any marine life or any part of any marine life, or any sand, stones, gravel, or other material illegally taken or had in possession or that he or she believes on reasonable grounds is being so used.
2: Any marine life seized by a ranger shall, if alive and likely to survive, be returned to the reserve, or, if survival is unlikely, shall be disposed of—
a: in such manner and for such price as the Director-General may determine in any specific instance; or
b: according to any regulations made under this Act, if disposal is provided for by such regulations.
3: Subject to subsection (2), the provisions of Part 4 subpart 3
4: A ranger who, acting under subsection (2), at the time of seizure returns to the reserve any marine life that he or she believes to be alive, shall not be under any civil or criminal liability to the person from whom the marine life was seized in the event of a decision being made not to file a charging document Section 18A inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 18A(3) replaced 1 October 2012 section 276(3) Search and Surveillance Act 2012 Section 18A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
18B: Director-General may release seized property under bond
Section 18B repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18C: Seized property to be held by Crown if not released
Section 18C repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18D: Crown to release seized property in certain circumstances
Section 18D repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18E: Seized property forfeited to Crown if ownership not established
Section 18E repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18F: Protection of Crown
Section 18F repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18G: Forfeiture of property on conviction
1: On conviction of any person for any offence against section 18I(1)
a: any property used in respect of the commission of the offence, including any vessel or vehicle or other conveyance (whether or not the property was seized under section 18A
b: any marine life in respect of which the offence was committed (whether or not seized under section 18A
c: any proceeds from the sale of such marine life under section 18A(2) may, on the order of the court, be forfeit to the Crown if the court thinks fit to so order.
2: On conviction of any person for any offence against section 18I
a: any property used in respect of the commission of the offence other than any vessel or vehicle or other conveyance (whether or not the property was seized under section 18A
b: any marine life in respect of which the offence was committed (whether or not seized under section 18A
c: any proceeds from the sale of such marine life under section 18A(2) may, on the order of the court, be forfeit to the Crown if the court thinks fit to so order.
3: No person may be discharged without conviction in respect of any offence against section 18I
4: If any property is forfeit to the Crown under this section, the property shall thereupon vest in the Crown absolutely and free of all encumbrances.
5: Section 18G inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 18G(1) amended 30 June 2002 section 186 Sentencing Act 2002 Section 18G(2) amended 30 June 2002 section 186 Sentencing Act 2002 Section 18G(3) replaced 30 June 2002 section 186 Sentencing Act 2002 Section 18G(5) repealed 21 December 2018 section 23 Conservation (Infringement System) Act 2018
18GA: Forfeiture of property for infringement offence
1: Any marine life in respect of which an infringement offence is committed (whether or not seized under section 18A
a: the infringement fee for the offence is paid; or
b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21
c: the informant and the person alleged to have committed the offence enter into an arrangement under section 21(3A)
d: the person is found guilty, or admits the commission, of the infringement offence.
2: In addition, the court may order that any property used in respect of the commission of the infringement offence (whether or not seized under section 18A
a: proceedings in respect of the infringement offence are commenced by the filing of a charging document under the Criminal Procedure Act 2011
b: the person is found guilty, or admits the commission, of the infringement offence.
3: Property that is forfeited to the Crown under this section vests in the Crown absolutely and free of all encumbrances. Section 18GA inserted 21 December 2018 section 24 Conservation (Infringement System) Act 2018
18GB: Disposal of seized property
1: Before disposing of any property seized under this Act, the Director-General must give the owner of the property notice of the Crown’s intention to dispose of the property.
2: If the owner has not lodged an appeal against the disposal by 90 days after the date on which the notice is given, the Director-General may dispose of the property.
3: However, if the property is perishable,—
a: the Director-General may dispose of the property at any time after giving notice; but
b: the Director-General must hold the proceeds (if any) of the disposal until the later of—
i: 90 days after the date on which the notice is given; and
ii: the date on which an appeal against the disposal, lodged within 90 days after the date on which the notice is given, is resolved. Section 18GB inserted 21 December 2018 section 24 Conservation (Infringement System) Act 2018
18H: Provisions relating to forfeit property
1: In this section, unless the context otherwise requires,— forfeit property
a: marine life and any proceeds from the sale of marine life; or
b: property— forfeit to the Crown under section 18G or 18GA interest
2: The Director-General shall, within 10 working days after the date of any forfeiture under section 18G 18GA
3: Any person claiming an interest in any forfeit property may, within 35 working days after the date of the forfeiture, apply to the District Court
4: Every application under subsection (2) shall contain sufficient information to identify the interest and the property in which it is claimed, and shall include—
a: a full description of the forfeit property in which the interest is claimed, including reference to any registration or serial number; and
b: full details of the interest or interests claimed, including,—
i: whether the interest is legal or equitable; and
ii: whether the interest is by way of security or otherwise; and
iii: if the interest is by way of security, details of the security arrangement and any other property included in that arrangement; and
iv: whether the interest is noted on any register maintained pursuant to statute; and
v: any other interests in the property known to the applicant; and
c: the applicant's estimate of the value of the forfeit property and of the value of the claimed interest.
5: The court shall hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so.
6: The court shall, in respect of every application made under subsection (3),—
a: determine the value of the forfeit property, being the amount the property would realise if sold at public auction in New Zealand:
b: determine the nature, extent, and, if possible, the value of any applicant's interest in the property:
c: determine the cost to the Department of the prosecution of the offence or pursuance of the infringement offence any court proceedings
7: Having determined the matters specified in subsection (6), the court may, after having regard to—
a: the purpose of this Act; and
b: the effect of the offence from which the forfeiture arose on the marine reserve; and
c: the effect of the offence from which the forfeiture arose on persons who use the marine reserve; and
d: the effect of offending of the type from which the forfeiture arose on the marine reserve; and
e: the effect of offending of the type from which the forfeiture arose on persons who use the marine reserve; and
f: the social and economic effects on the person who owned the property, and on persons employed by that person, of non-release of the property or quota; and
g: the previous offending history (if any) of the persons from whose convictions the forfeiture arose; and
h: the economic benefits that accrued or might have accrued to the owners of the property through the commission of the offence; and
i: the prevalence of offending of the type from which the forfeiture arose; and
j: the cost to the Department of the prosecution of the offence which resulted in the forfeiture, and the seizure, holding, and anticipated cost of disposal of the property, including the court proceedings in respect of that seizure, holding, and disposal; and
k: such other matters as the court thinks relevant,— and, subject to subsections (8) and (9), make an order or orders providing relief (either in whole or part) from the effect of forfeiture on any of the interests determined under subsection (6).
8: No order shall be made under subsection (7), unless it is necessary to avoid manifest injustice.
9: If the owner of the forfeit property was the person who committed the offence
10: Subsection (9) does not prevent the return of up to 100% of the value of any forfeit property to any owner of property other than the person who committed the offence
11: Without limiting subsection (7), any order under that subsection may order 1 or more of the following:
a: the retention of the forfeit property by the Crown:
b: the return of some or all of the forfeit property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money:
c: the sale of some or all of the forfeit property, with directions as to the manner of sale and dispersal of proceeds:
d: the delivery of some or all of the forfeit property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) prior to such delivery:
e: the reinstatement (notwithstanding the forfeiture) of any interest that was forfeit or cancelled as a result of a forfeiture.
12: This section does not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeit property, other than the net proceeds of sale of forfeit property under a court order made under subsection (7).
13: For the purpose of assisting the court in determining any application for relief, the Director-General and any employee or agent of the Ministry is entitled to appear before the court and be heard.
14: Any forfeiture under section 18G or 18GA Section 18H inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 18H(1) forfeit property amended 21 December 2018 section 25(1) Conservation (Infringement System) Act 2018 Section 18H(2) amended 21 December 2018 section 25(2) Conservation (Infringement System) Act 2018 Section 18H(3) amended 1 March 2017 section 261 District Court Act 2016 Section 18H(6)﻿(c) amended 21 December 2018 section 25(3)﻿(a) Conservation (Infringement System) Act 2018 Section 18H(6)﻿(c) amended 21 December 2018 section 25(3)﻿(b) Conservation (Infringement System) Act 2018 Section 18H(9) amended 21 December 2018 section 25(4) Conservation (Infringement System) Act 2018 Section 18H(10) amended 21 December 2018 section 25(5) Conservation (Infringement System) Act 2018 Section 18H(14) amended 21 December 2018 section 25(6) Conservation (Infringement System) Act 2018
18I: Offences
1: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $250,000, or to both, who, without lawful authority or reasonable excuse, takes or removes from a marine reserve for commercial purposes any marine life.
2: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, who, without lawful authority or reasonable excuse, discharges or causes to be discharged or deposits, whether directly or indirectly, in or into a marine reserve any toxic substance or pollutant or other substance or article of any kind injurious to marine life.
3: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both, who, without lawful authority or reasonable excuse,—
a: introduces in or into a marine reserve any living organism; or
b: wilfully damages or wilfully injures any marine life, or wilfully damages the foreshore or seabed, or any of the natural features in a marine reserve; or
c: uses in a marine reserve any explosive; or
d: takes or removes from a marine reserve any marine life, mineral, sand, shingle, or other natural material or thing of any kind.
4: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both, who, without lawful authority or reasonable excuse,—
a: discharges any firearm in or into a marine reserve; or
b: erects any structure in or over a marine reserve; or
c: wilfully interferes with or wilfully disturbs in a marine reserve any marine life, foreshore or seabed, or any of the natural features.
5: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or to both, who, without lawful authority or reasonable excuse,—
a: deposits or throws in or into a marine reserve any rubbish, except in a place or receptacle approved and provided by the Director-General; or
b: uses, sells, or otherwise disposes of, or is in possession of, any marine life, mineral, gravel, sand, or other substance or thing whatever knowing the same to have been removed unlawfully from a reserve; or
c: fails to comply with any requirement of a ranger under section 18(1)
d: after being required under section 18(1)﻿(b)
i: gives an untrue or fictitious name or address, or gives such a general description of his or her place of abode as is illusory for the purposes of discovery; or
ii: gives false evidence of his or her full name and address; or
e: impersonates or falsely pretends to be a ranger; or
f: obstructs, threatens, or attempts to intimidate a ranger, or uses language that is abusive or threatening to a ranger, or behaves in a manner threatening to a ranger, while the ranger is acting in the exercise of his or her powers or the discharge of his or her duties under this Act; or
g: gives, or agrees to give, or offers to any such ranger any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown, by that ranger, or being a ranger accepts or agrees to accept or solicits any such gift or consideration.
6: A person shall be deemed to have taken or removed marine life for commercial purposes if he or she is found in possession of an amount exceeding 3 times the amateur individual limit (if any) prescribed in respect of that marine life in regulations made under the Fisheries Act 1996 Section 18I inserted 1 October 1996 section 316(1) Fisheries Act 1996
18J: Additional penalty for removing substance from or damaging reserve
1: Any person convicted of an offence against section 18I
2: The value or damage or cost shall be assessed by a District Court Judge, and shall be recoverable in the same manner as a fine. Section 18J inserted 1 October 1996 section 316(1) Fisheries Act 1996
19: Offences within a reserve
Section 19 repealed 1 October 1996 section 316(1) Fisheries Act 1996
20: Time for filing charging document
Despite anything to the contrary in section 25 Section 20 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
21: Penalties
Section 21 repealed 1 October 1996 section 316(1) Fisheries Act 1996
21: Infringement offences
1: A person must not—
a: discharge or cause to be discharged or deposit, directly or indirectly, in or into a marine reserve any toxic substance or pollutant or other substance or article of any kind injurious to marine life; or
b: introduce any living organism in or into a marine reserve; or
c: damage or injure any marine life, or damage the foreshore or seabed or any of the natural features in a marine reserve; or
d: fish for marine life in a marine reserve; or
e: erect any structure in or over a marine reserve; or
f: interfere with or disturb in a marine reserve any marine life, foreshore, or seabed or any of the natural features in a marine reserve; or
g: deposit or throw any rubbish in or into a marine reserve, except in a place or receptacle approved and provided by the Director-General; or
h: use, dispose of, or be in possession of any marine life, mineral, gravel, sand, or other substance or thing that has been removed unlawfully from a reserve.
2: A person who fails to comply with this section commits an infringement offence. Section 21 inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21A: Relationship between infringement offences and other offences
Nothing in section 21 section 21 Section 21A inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21B: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 21D
2: If an infringement notice has been issued under section 21D section 21 Section 21B inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21C: Who may issue infringement notices
The Director-General may authorise a ranger, in writing, to issue infringement notices under this Act. Section 21C inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21D: Infringement notices
1: A ranger authorised under section 21C
2: The ranger may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient to fairly inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed. Section 21D inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21E: Reminder notices
A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 21E inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21F: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 21F inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21G: Penalties for infringement offences
A person who commits an infringement offence is liable on conviction to—
a: the infringement fee prescribed in regulations for that offence; or
b: a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence. Section 21G inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
22: Boundaries of marine reserves to be marked
1: Subject to subsection (2), the Director-General may cause to be marked and at all times to be kept marked, by means of such beacons, lights, buoys, or marks as the Director-General considers may be necessary, the boundaries of the marine reserve.
2: The Director-General shall act under this section only with the concurrence of the Secretary for Transport. Section 22 replaced 10 April 1990 section 58 Conservation Law Reform Act 1990
23: Rights of access and navigation
1: Subject to any regulations
2: Notwithstanding anything in this Act, or in any regulations Section 23(1) amended 10 April 1990 section 59(a) Conservation Law Reform Act 1990 Section 23(2) amended 10 April 1990 section 59(b) Conservation Law Reform Act 1990
24: Regulations
1: The Governor-General may from time to time, by Order in Council, make, either generally or with respect to any specified marine reserve, all such regulations as are necessary for the due administration of, and for giving full effect to, the provisions of this Act.
2: Without limiting the generality of subsection (1), any such regulations may—
a: provide for the management, safety, and preservation of reserves, the conduct and control of scientific study within reserves, and the safety and preservation of the marine life in reserves:
b: provide for the keeping of order in any reserve:
c: authorise the Director-General to exclude the public from any specified part or parts of any reserve:
d: prescribe the conditions on which persons shall have access to or be excluded from any reserve or part of any reserve:
e: prescribe the conditions on which persons may remain within any reserve:
f: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fines that may be imposed on $2,500
g: prescribe infringement offences for the contravention of regulations made under this Act:
h: prescribe penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence:
i: prescribe information to be included in infringement notices and reminder notices.
3: Regulations under this section are 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 24(2) inserted 10 April 1990 section 60 Conservation Law Reform Act 1990 Section 24(2)﻿(f) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24(2)﻿(f) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 24(2)﻿(g) inserted 21 December 2018 section 27 Conservation (Infringement System) Act 2018 Section 24(2)﻿(h) inserted 21 December 2018 section 27 Conservation (Infringement System) Act 2018 Section 24(2)﻿(i) inserted 21 December 2018 section 27 Conservation (Infringement System) Act 2018 Section 24(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25: Consequential amendment
Section 25 repealed 1 October 1975 Petroleum Amendment Act 1975