1. Short Title---This Act may be cited as the Marine Reserves Act 1971.

This Act is administered by the Ministry of Agriculture and Fisheries; see s. 3(2) of the Ministry of Agriculture and Fisheries Act 1953. See also s. 6 of, and the First Schedule to, the Conservation Act 1987. As to consents under this Act for environmental purposes, see ss. 2 and 31(c)(i) of the Environment Act 1986.

2. Interpretation---In this Act, unless the context otherwise requires,---

``Area'' means any part of---
• (a) The seabed vertically below an area of the surface of---
• (i) The territorial sea of New Zealand . . .; or
• (ii) The internal waters of New Zealand as defined by section 4 of [the Territorial Sea and Exclusive Economic Zone Act 1977]; or
• (b) The foreshore of the coast of New Zealand;---and includes any water at any material time upon or vertically above it:

[``Department'' means the Department of Conservation:
``Director-General'' means the Director-General of Conservation:]
``Firearm'' means any kind of weapon or device from which any shot, bullet, arrow, spear, stone, or other missile can be discharged in the air or under water; and ``to shoot'' has a corresponding meaning:
``Hunt or kill'', in relation to any marine life, includes hunting, fishing, killing, taking, trapping, or capturing by any means; and also includes pursuing, disturbing, or molesting, or taking or using a firearm, spear, or other method to hunt or kill whether marine life is thereby killed or captured or not; and also includes every attempt to hunt or kill and every act of assisting any other person to hunt or kill:
``Marine life'' means any species of the plant or animal kingdoms which at any time of the life of the species inhabits the sea or foreshore; and includes any specimen of the species whether alive or dead, and any part of any specimen, and the seed, spores, eggs, spawn, young, fry, and offspring of the species; but does not include wildlife within the meaning of the Wildlife Act 1953:
``Marine reserve'' or ``reserve'' means a marine reserve constituted under section 4 of this Act:
``Mining interest'' means---
• (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 Ministry of Energy] 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 of the Continental Shelf Act 1964 to prospect or mine for any mineral, or carry on any operations for the recovery of any mineral:
• (g) Any right to prospect or mine for minerals conferred by any other enactment or by any instrument:

[``Minister'' means the Minister of Conservation:]
``Ranger'' means a ranger appointed or deemed to be appointed under this Act:
``Taking'', in relation to any marine life, includes taking, catching, fishing, killing, or pursuing by any means or device; and, in relation to any plant, includes uprooting and transplanting; and also includes any attempt at taking; and ``to take'' has a corresponding meaning:
``Use'' includes any attempt to use or assistance given or attempted to be given in using.
``Area'': In para. (a)(i) of the definition of this term words were omitted by s. 33(1) of the Territorial Sea and Exclusive Economic Zone Act 1977, and in para. (a)(ii) the words in square brackets were substituted for the words ``that Act'' by s. 33(1) of that Act.
``Department'' and ``Director-General'': The definitions of these terms were substituted for the definitions of those terms (as inserted by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) by s. 65(1) of the Conservation Act 1987.
``Mining interest'': In para. (a) of the definition of this term the Coal Mines Act 1979, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Coal Mines Act 1925. In para. (c) the reference to the Minister of Energy was substituted for a reference to the Minister of Mines by s. 16(2)(a) of the Ministry of Energy Act 1977.
``Minister'': The definition of this term was substituted for the former definition (as substituted by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) by s. 65(1) of the Conservation Act 1987.
``Secretary for Marine'': A definition of this term was repealed by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972.

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) of this section, 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 12(1)(c) of this Act, no person shall fish in a  marine reserve except---
• (a) Persons (not being persons holding a permit issued under [[Part III of the Fisheries Act 1983]]) authorised by notice in the Gazette given by the Minister after consultation with the management committee of the reserve; and
• (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) of this subsection, in compliance with restrictions imposed on fishing by [[the Fisheries Act 1983]] and any regulations made under it, --- and any notice given under paragraph (a) of this subsection shall be  deemed to be a bylaw made under section 14 of this Act.]
• [(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 of this Act.]

Subs. (3) was added by s. 2 of the Marine Reserves Amendment Act1977.
In subs. (3)(a), Part III of the Fisheries Act 1983, being the corresponding enactment in force at the date of this reprint, has been substituted for Part I of the repealed Fisheries Act 1908.
In subs. (3)(c) the Fisheries Act 1983, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Fisheries Act 1908.
Subs. (4) was added by s. 2 of the Marine Reserves Amendment Act 1980.

4. Governor-General may declare an area to be a marine reserve---

• (1) Subject to section 5 of this Act, the Governor-General may from time to time, by Order in Council, declare that any area described in the Order shall be a marine reserve subject to this Act, and to such conditions as may be recommended to him by the Minister under subsection (9) of section 5 of this Act; but no area in respect of which any lease or licence under the Marine Farming Act 1971 is for the time being in force shall be declared a marine reserve.
• (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] or any other Act, no public work, other than a work authorised by this Act, may be undertaken or constructed on any area included in a marine reserve except with the consent of the [Minister . . .], and the Minister in charge of the department in control of the work, and subject to such conditions as those Ministers may jointly impose.
• (4) Subject to subsection (5) of this section, and to section 25 of this Act, nothing in this Act or in any bylaws or regulations made under this Act shall affect [the Coal Mines Act 1979], the Mining Act 1926, the Mining Act 1971, the Petroleum Act 1937, the Iron and Steel Industry Act 1959, or the 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) of this section, be made subject to this Act or to any provision of it by [the Minister of Energy], with the concurrence of the [Minister . . .], so notifying in writing the holder of the interest.
• (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.

In subs. (3), the Public Works Act 1981, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Public Works Act 1928.
In subss. (3) and (5) the word ``Minister . . .'' was substituted for the words ``Minister of Marine'' by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972, the words ``of Agriculture and Fisheries'' having been omitted subsequently by s.11 (1) and (2) of the State-Owned Enterprises Amendment Act 1987.
In subs. (4) the Coal Mines Act 1979, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Coal Mines Act 1925.
In subs. (5) the reference to the Minister of Energy was substituted for a reference to the Minister of Mines by s. 16(2)(a) of the Ministry of Energy Act 1977.

5. Procedure for declaring a marine reserve---

• (1) No Order in Council shall be made under section 4 of this Act unless---
• (a) Application for the Order in Council is made to the [Director-General] by any university within the meaning of the Universities Act 1961, . . . or any body appointed to administer land subject to [the Reserves Act 1977] where such land has frontage to the sea-coast, or any incorporated society or other body corporate engaged in or having as one of its objects the scientific study of marine life or natural history [, or 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], been published by the applicant for the Order at least twice, with an interval of not less than 5 nor more than 10 days between each publication, in some newspaper circulating at or nearest to the place where the area is situated, and at least once in each of 4 daily newspapers, one of which shall be published in Auckland, one in Wellington, one in Christchurch, and one in Dunedin:
• (c) Every notice published pursuant to paragraph (b) of this subsection---
• (i) States the date of first publication of that notice:
• (ii) States the place where the plan referred to in subsection (2) of this section may be inspected:
• (iii) Gives a general description of the area proposed to be declared a 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] within 2 months from the date of first publication of the notice and to serve a copy of the objections, specifying the grounds thereof, on the applicant within the same time:
• (d) Notice in writing of the proposed marine reserve is given by theapplicant 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] from the proposed marine reserve if separated from it by any other reserve of any kind whatsoever [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] shall cause a plan to be prepared on a suitable scale showing all tidal waters coloured blue, and the boundaries and extent of the area sought to be declared a marine reserve. The plan shall be open for inspection free of charge during ordinary office hours by any person at the office of the [Department] nearest to the proposed reserve.
• (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) of this section, send their objections in writing, specifying the grounds thereof, to the [Director-General] and shall serve a copy of their objections, specifying the grounds thereof, on the applicant within the same time.
• (4) The applicant may, on receiving any copy of objections under subsection (3) of this section, answer those objections in writing to the [Director-General] within 3 months from the date of first publication of the notice published pursuant to paragraph (b) of subsection (1) of this section, and the [Director-General] shall send any such answer he may receive within that time to the Minister for consideration.
• (5) The [Director-General] shall refer to the Minister all such objections received within the said period of 2 months, and any answer received within the said period of 3 months.
• (6) Where any objection has been made in accordance with subsection (3) of this section, 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]. If the objection is upheld the area shall not be declared a marine reserve. In making any such decision, the Minister shall not be bound to follow any formal procedure, but shall have regard to all submissions made by or on behalf of the objector, and to any answer made by the applicant, and shall uphold the objection if he is satisfied that declaring the area a marine reserve would---
• (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.
• (8) The [Director-General] shall cause the Minister's decision, together with the grounds therefor, to be notified in writing to the objector and to the applicant.
• (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 of this Act [, and any condition permitting fishing within the reserve by persons not holding a permit issued under [[Part III of the Fisheries Act 1983]] until such time as a management committee for the reserve is appointed and is working and has been consulted as to whether a notice under section 3(3) of this Act should be given or not]), [he shall, if the [[Ministers of Transport and Fisheries concur]], recommend] to the Governor-General the making of an Order in Council accordingly.
• (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'' shall include any mining interest.
• [(12) This section shall bind the Crown].

 

 

In subs. (1)(a) the words ``or the Director-General of Lands'' (as substituted for the words ``National Parks Authority'' by s. 80(1) of the National Parks Act 1980) were omitted by s. 65(1) of the Conservation Act 1987 and s. 11(1) and (2) of the State-Owned Enterprises Amendment Act 1987; the Reserves Act 1977, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Reserves and Domains Act 1953; and the words ``, or the Director-General'' were added by s. 3(1) of the Marine Reserves Amendment Act 1977.
In subs. (1)(d)(i) the expression ``100 metres'' was substituted for the expression ``5 chains'' by s. 2 of the Marine Reserves Amendment Act 1975, and the words in the second set of square brackets were substituted for the former words by s. 65(1) of the Conservation Act 1987.
In subs. (1)(d), subpara. (iv) was added by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972, and subpara. (v) was added by s. 65(1) of the Conservation Act 1987. In subs. (2) the word ``Department'' was substituted for the words ``Marine Department'' by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972.
In subs. (6) the words in square brackets were inserted by s. 3(2) of the Marine Reserves Amendment Act 1977.
In subs. (9) the words in the first set of single square brackets were inserted by s. 3(3) of the Marine Reserves Amendment Act 1977, and the words in the second set of single square brackets were substituted for the words ``he shall recommend'' by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972.
In subs. (9), Part III of the Fisheries Act 1983, being the corresponding enactment in force at the date of this reprint, has been substituted for Part I of the repealed Fisheries Act 1908; and the words in the second set of double square brackets were substituted for the words ``Minister of Transport concurs'' by s. 65(1) of the Conservation Act 1987.
Subs. (12) was added by s. 3(4) of the Marine Reserves Amendment Act 1977.

6. (OBS)Marine reserves to be under control of management committees---Subject to the provisions of this Act, every marine reserve shall be controlled and managed by a management committee constituted as provided in section 7 of this Act.

7. (OBS) Management committees for marine reserves---

• (1) The Minister may from time to time, by notice in the Gazette, establish a management committee for any marine reserve, to be known as ``The (Name of reserve) Marine Reserve Management Committee''.
• (2) Each management committee shall consist of---
• (a) One member being an officer of the [Department] who shall be Chairman of the committee:
• [(b) No fewer than 4 and no more than 6 other persons, of whom one shall be qualified in marine research and one shall represent the interests of the public in relation to the reserve:]
• [(c) One member, being an officer of the Ministry of Agriculture andFisheries].
• (3) The members of a management committee shall be appointed by the Minister, and shall hold office during the pleasure of the Minister.
• (4) The Minister may appoint any person to be the deputy of any member of a management committee to act in the absence of that member from any meeting of the committee.
• (5) The fact that any person appointed as the deputy of any member of a committee attends and acts at any meeting of the committee shall be conclusive evidence of his authority to do so.
• (6) Any deputy appointed under this section shall, while he acts as such, be deemed to be a member of the committee, and the deputy of the Chairman shall have all the powers and functions of the Chairman.

In subs. (2) (a) the word ``Department'' was substituted for thewords ``Marine Department'' by s. 6(1) of the Ministry ofAgriculture and Fisheries Amendment Act 1972.
In subs. (2), para. (b) was substituted for the original para. (b) by s. 4(1) of the Marine Reserves Amendment Act 1977, and para. (c) was added by s. 65(1) of the Conservation Act 1987.

8. (OBS) Meetings and procedure---

• (1) Meetings of a management committee shall be held at such times and places as the committee or the Chairman from time to time appoints.
• (2) Three members of the committee shall form a quorum at any meeting [unless the committee consists of more than 5 members, in which case a quorum shall be 4 members].
• (3) The Chairman shall preside at all meetings of the management committee at which he is present. In the absence of the Chairman and his deputy from any meeting, the members present shall appoint one of their number to preside as Chairman of that meeting.
• (4) All questions arising at any meeting shall be decided by a majority of the votes recorded thereon.
• (5) The Chairman or other member presiding at any meeting shall have a deliberative vote, and in the case of an equality of votes shall have a casting vote.
• (6) Every management committee shall cause minutes of all its proceedings to be kept.
• (7) Subject to the provisions of this section, a management committee may regulate its procedure in such manner as it thinks fit.

In subs. (2) the words in square brackets were added by s. 4(2) of the Marine Reserves Amendment Act 1977.

9. (OBS) Fees and travelling allowances---

• (1) There may be paid to the members of each management committee remuneration by way of fees or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.
• (2) For the purposes of subsection (1) of this section, each management committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

10. (OBS) Functions of management committees---The functions of each management committee shall be---

• (a) To administer, manage, and control the marine reserve in respect of which the management committee is established, in accordance with this Act and in such a manner as to secure the preservation of the natural features of the reserve, the protection and well-being of its marine life, and the continued availability of the area constituting the reserve for the purposes of scientific research:
• (b) To 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 which the Minister may refer to the management committee for report:
• (c) To advise the Minister on matters relating to the administration, management, control, protection, and regulation of marine reserves and to make such recommendations on those matters as the committee thinks fit.

[11. (OBS) Appointment of secretary to a management committee---An employee of the Department may from time to time be appointed as secretary to any management committee.]

This section was substituted for the original s. 11 by s. 6 (1) of the Ministry of Agriculture and Fisheries Amendment Act 1972.

12. (OBS) Particular powers of management committees---

• (1) Each management committee may, in addition to any other powers vested in it by this Act, exercise in respect of the marine reserve under its control all or any of the following powers, that is to say, it may---
• (a) Manage the reserve in the interests of the conservation, propagation, and preservation of species, and ensure the marine life of the reserve being maintained in its natural state:
• (b) Recommend to the [Director-General] suitable persons to be appointed rangers for the reserve, and control and direct the activities of persons so appointed:
• (c) Authorise the taking for scientific purposes of any specimens of marine life or material in the reserve, and prescribe the conditions of such taking and retention or disposal of those specimens or for their return to the reserve:
• (d) Take such steps as may lie within its powers to ensure the continued welfare of the reserve in the interests of scientific study of marine life and for the enjoyment of the reserve by the public:
• (e) Bring to the attention of the Minister such matters concerning the welfare of the reserve as the committee considers necessary to promote the continued welfare of the reserve.
• (2) In the exercise of any of the powers conferred by this section every management committee shall at all times have full regard to the desirability of preserving the natural features and marine life of the reserve, and in particular shall ensure that the reserve shall be kept and maintained so far as possible in a state of nature, and that no buildings of any description or wharves, jetties, landings, or other structures shall be erected or constructed thereon except such items of equipment authorised by the [Director-General] as may be needed for scientific observation.

13. (OBS) Bylaws---Every management committee may from time to time make bylaws in respect of the marine reserve under its control for all or any of the following purposes:

• (a) The management, safety, and preservation of the reserve, the conduct and control of scientific study within the reserve, andthe safety and preservation of the marine life therein:
• (b) The keeping of order in the reserve:
• (c) Excluding the public from any specified part or parts of the reserve:
• (d) Prescribing the conditions on which persons shall have access to or be excluded from the reserve or any part of the reserve:
• (e) Prescribing conditions on which persons may remain within thereserve.

14. (OBS) Procedure for making bylaws---

• (1) Bylaws made by a management committee under this Act shall be signed by the Chairman and one other member of the management committee, and a notice stating the object or purport of the proposed bylaws shall be published in some newspaper circulating at or nearest to the place where the reserve is situated once in each of the 2 weeks immediately preceding the day on which the bylaws are made and at least once in each of 4 daily newspapers, one of which shall be published in Auckland, one in Wellington, one in Christchurch, and one in Dunedin.
• (2) Bylaws made by the management committee shall not come into force until they have been approved by the Minister and have been gazetted.
• (3) Bylaws made by a management committee under this Act shall remain in force, subject to such amendment as may be made to them from time to time, for a period of 5 years from the date of their publication in the Gazette, and, if not sooner revoked, shall expire at the end of that period unless re-enacted in such original, amended, or revised form as the management committee, subject to the approval of the Minister, thinks fit for all or any of the purposes of section 13 of this Act

15. (OBS) Proof of bylaws---The publication in the Gazette of any bylaws purporting to have been made by a management committee under this Act and to have been approved by the Minister shall be conclusive evidence that the bylaws have been duly made and approved under this Act.

16. (OBS) Penalty for breach of bylaws---Every person who commits a breach of any bylaw made under this Act commits an offence against this Act and shall be liable on summary conviction to a fine not exceeding $100.

Note! the above sections became obsolete by the introduction of Conservation management Plans.

17. Rangers---

• (1) The [Director-General] may from time to time appoint any suitable person to be a ranger in an honorary capacity for the
•  purposes of this Act.
• (2) Every ranger appointed under this section shall be appointed for such term not exceeding 3 years as the [Director-General] thinks fit.
• (3) The [Director-General] shall supply to every ranger a written warrant signed by himself or on his behalf evidencing the appointment, and the production of that warrant shall be sufficient proof of the appointment.
• (4) Any ranger may at any time be removed from office by the [Director-General] for incapacity, neglect of duty, or isconduct, or may at any time resign his office by writing addressed to the [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] his warrant of appointment and any badge of office that may have been issued to him.
• (6) No person appointed by the [Director-General] under this section to be a ranger shall by virtue of that appointment be deemed to be employed in the service of Her Majesty for the purposes of [the State Sector Act 1988] or of [the Government Superannuation Fund Act 1956].
• (7) Every member of the police [and every Inspector of Sea Fishing within the meaning of [[section 76 of the Fisheries Act 1983]] ] shall by virtue of his office be deemed to be a ranger appointed by the [Director-General] to exercise the duties of a ranger under this Act generally in marine reserves throughout New Zealand.

In subs. (6) the reference to the State Sector Act 1988 was substituted for a reference to the State Services Act 1962 by s. 90(a) of the State Sector Act 1988, and the reference to the Government Superannuation Fund Act 1956 was substituted for a reference to the Superannuation Act 1956 by s. 3(3) of the Government Superannuation Fund Amendment Act 1976.
In subs. (7) the words in the first set of single square brackets were inserted by s. 5 of the Marine Reserves Amendment Act 1977; and s. 76 of the Fisheries Act 1983, being the corresponding enactment in force at the date of this reprint, has been substituted for s. 4 of the repealed Fisheries Act 1908.

18. Powers of rangers---(this section has been expanded considerably)

• (1) Every ranger may, in the exercise of his duty within the marine reserve for which he is appointed or deemed to be appointed, and upon production of his warrant of appointment (if so required),---
• (a) Require any person to refrain or desist from any unlawful act resulting in, or which in his opinion appears likely to result in, damage to, or loss or destruction of, any real or personal property in the possession or under the control of, the management committee:
• (b) Require any person whom he finds doing or has reason to believe has done any such act to give his full name and address:
• (c) Seize any marine life illegally taken or had in possession, or which he reasonably believes to be illegally taken or had in possession:
• (d) Seize all nets, traps, firearms, ammunition, explosives, engines, instruments, appliances, equipment or devices that are being used or are intended to be used or have been used in breach of this Act, or that he reasonably believes are being so used or intended to be so used or have been so used:
• (e) Seize any bag, container, or other article that is being used for the purpose of carrying any animal or plant or any part of any animal or plant, or any soil, stones, gravel, or other material illegally taken or had in possession or that he reasonably believes is being so used:
• (f) Stop any vehicle, or any riding or pack animal, or any boat, launch, or other vessel, 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 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 has reason to suspect that any breach of this Act or of any regulation 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 as aforesaid or of any servant of any of them, enter and search any such vehicle, search any riding or pack animal, enter and search any boat, launch, or other vessel, or aircraft, or other device for carriage or transportation, and in such presence as aforesaid open and search any such parcel, package, case, bag, luggage, or other container.
• (2) Every person commits an offence against this Act who---
• (a) Fails to comply with any requirement of a ranger under subsection (1) of this section:
• (b) After being required pursuant to paragraph (b) of subsection (1) of this section to give his full name and address, gives an untrue or fictitious name or address, or gives such a general description of his place of abode as is illusory for the purposes of discovery:
• (c) Impersonates or falsely pretends to be a ranger:
• (d) Affords violence to, or assaults, obstructs, threatens, or attempts to intimidate, or uses abusive or threatening language or behaves in a threatening manner to, any ranger while that ranger is acting in the exercise of his powers or the discharge of his duties under this Act:
• (e) 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 as aforesaid.

19. (OBS) Offences within a reserve---(this section has been expanded with heavy sentences and fines, and has been included in section 18)

• (1) Every person commits an offence against this Act who, being knowingly within the boundaries of any marine reserve, and without being authorised [by an Order in Council made under section 5 of this Act or by any notice given under section 3(3) of this Act or] by the management committee for that reserve,---
• (a) Introduces any living organism; or
• (b) Discharges or causes to be discharged, directly or indirectly, any toxic or polluting substance of any kind injurious to plant or animal life; or
• (c) Wilfully breaks or injures any fence, building, apparatus, or erection; or
• (d) Wilfully breaks, cuts, injures, or removes any or any part of any tree, shrub, fern, plant, seaweed, weed, stone, mineral, fixture, furniture, utensil, tool, apparatus, or thing of any kind; or
• (e) Wilfully digs, cuts, or injures the sea-bed, or leaves any rock, stone, or boulder overturned; or
• (f) Uses any explosive or discharges any firearm; or
• (g) Shoots at or spears any species of marine life or any other object or thing with any firearm; or
• (h) Takes or destroys or wilfully injures or in any manner disturbs or interferes with any marine life; or
• (i) Takes or removes from the reserve any seaweed, mineral, gravel, or other substance or thing whatsoever; or
• (j) Deposits or throws any rubbish or any substance or article of a dangerous or offensive nature, except in a place or receptacle approved or provided by the management committee for the purpose; or
• (k) Erects any building, sign, hoarding, or apparatus; or
• (l) In any way interferes with the reserve or damages the scenic or natural features of the reserve.
• (2) Every person commits an offence who uses, sells, or otherwise disposes of any seaweed, mineral, gravel, or other substance or thing whatsoever knowing the same to have been removed unlawfully from any marine reserve.
• (3) Every person commits an offence who, without being authorised by the management committee, discharges any firearm into a marine reserve or who, from outside a reserve, shoots at any thing inside a reserve with any firearm. Where any person is found discharging a firearm in contravention of this subsection, the provisions of subsection (7) of this section shall apply in respect of that firearm in all respects as if it were illegally in the possession of that person in the reserve.
• (4) Every person who commits an offence against this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $500, or to both, and, if the offence is a continuing one, to a further fine not exceeding $10 for every day during which the offence has continued.
• (5) Any person convicted of an offence against this section shall, in addition to any penalty for which he may be liable under this section, pay to the Crown the full market value of any substance removed from, or for the damage done to, the reserve or to any marine life growing or being thereon. That value or damage or cost shall be assessed by a [District Court Judge], and shall be recoverable in the same manner as a fine.
• (6) All buildings, structures, signs, hoardings, or apparatus erected on the reserve without the permission in writing of the management committee shall be deemed to be forfeited to the Crown.
• (7) Any article other than marine life found illegally in the possession of any person in the reserve may be seized by any ranger for that reserve and shall be retained by the management committee pending the trial of the person for the offence in respect of which it was seized. If proceedings are not taken within 6 months against the person from whom the article was seized it shall, at the expiration of that period, be returned to him. Where proceedings are taken against the person from whom the article was seized, the article shall, when the proceedings are completed, be returned to that person, unless the Court, where it enters a conviction, directs that the article be forfeited to the Crown, in which case the article shall be forfeited to the Crown accordingly, and shall be disposed of as the Minister directs.
• (8) Any marine life found illegally in the possession of any person in or in the vicinity of a reserve may be seized by any ranger for that reserve, and shall, if alive and likely to survive, be returned to the reserve, or, if survival is unlikely, shall be disposed of as may be directed by the Chairman of the management committee in any specific instance or according to the bylaws of the management committee for the reserve, if provided for by those bylaws.

In subs. (1) the words in square brackets were inserted by s. 3 of the Marine Reserves Amendment Act 1980.
In subs. (5) the reference to a District Court Judge was substituted for a reference to a Magistrate by s. 18 (2) of the District Courts Amendment Act 1979.

20. Time within which information may be laid---
Notwithstanding anything in the Summary Proceedings Act 1957, any information in respect of any offence against this Act or any regulation or bylaw made under this Act may be laid at any time within one year from the time when the matter of the information arose.

21. (OBS) Penalties---
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding $200 and, if the offence is a continuing one, to a further fine not exceeding $10 for every day during which the offence has continued.

22. Boundaries of marine reserves to be marked---
The management committee of every marine reserve shall cause to be marked and at all times to be kept marked, by means of such beacons, lights, buoys, or marks as may be indicated to the committee by the [Director-General], the boundaries of the marine reserve: Provided that the [Director-General] may exempt the management committee of any marine reserve from the requirements of this subsection in respect of any boundary satisfactorily indicated by means of a natural geographical feature.

 
A second proviso was added by s. 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972, and omitted by s. 65(1) of the Conservation Act 1987.

23. Rights of access and navigation---

• (1) Subject to any bylaw made under this Act, any right of access to or upon any foreshore or part of the foreshore comprised in any marine reserve or any right of navigation (other than anchorage) through or across any water at any material time comprised in any marine reserve shall remain unaffected.
• (2) Notwithstanding anything in this Act, or in any regulations or bylaws made under this Act, in time of stress or emergency any vessel may anchor within a marine reserve and such measures may be taken by any person to avoid loss of human life or of property or injury to human life or to property as in the circumstances shall be expedient.

24. Regulations---expanded
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.

25. Repealed by s. 9 of the Petroleum Amendment Act 1975.

   1. Short Title---This Act may be cited as the Marine Reserves Amendment Act 1975, and shall be read together with and deemed part of the Marine Reserves Act 1971 (hereinafter referred to as the principal Act).

   2. This section amended s. 5 (1) (d) (i) of the principal Act.

   1. Short Title---
This Act may be cited as the Marine Reserves Amendment Act 1977, and shall be read together with and deemed part of the Marine Reserves Act 1971 (hereinafter referred to as the principal Act).

2. This section added subs. (3) to s. 3 of the principal Act.

3.(1) This subsection amended s. 5 (1) (a) of the principal Act.
   (2) This subsection amended s. 5 (6) of the principal Act.
   (3) This subsection amended s. 5 (9) of the principal Act.
   (4) This subsection added subs. (12) to s. 5 of the principal Act.

4.(1) This subsection substituted a new paragraph for para. (b) of s. 7 (2) of the principal Act.
   (2) This subsection amended s. 8 (2) of the principal Act.

5. This section amended s. 17 (7) of the principal Act.

1. Short Title---
This Act may be cited as the Marine Reserves Amendment Act 1980, and shall be read together with and deemed part of the Marine Reserves Act 1971 (hereinafter referred to as the principal Act).

2. This section added subs. (4) to s. 3 of the principal Act.

3. This section amended s. 19 (1) of the principal Act.