,
THE MARINE RESERVES ACT 1971
1971, No. 15
An Act to provide for the setting up and management of areas of the sea and foreshore as marine reserves for the purpose of preserving them in their natural state as the habitat of marine life for scientific study [20 September 1971]
This is a printer-friendly version containing all text
of the original version of the MRA, now obsolete (1987/1990/1996)
After decades of tinkering, the text became more voluminous while not achieving anything for the sea.
Sections marked OBS have become obsolete

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,---


3. Marine reserves to be maintained in natural state, and public to have right of entry---

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1983, being the corresponding enactment in force at the date of this reprint, has been substituted for Part I of the repealed Fisheries Act 1908.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Act 1983, being the corresponding enactment in force at the date of this reprint, has been substituted for the repealed Fisheries Act 1908.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---


5. Procedure for declaring a marine reserve---


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---


8. (OBS) Meetings and procedure---


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


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


[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---


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:


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


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---

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)


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


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---


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.


THE MARINE RESERVES AMENDMENT ACT 1975
1975, No. 90
An Act to amend the Marine Reserves Act 1971 [9 October 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.


THE MARINE RESERVES AMENDMENT ACT 1977
1977, No. 136
 An Act to amend the Marine Reserves Act 1971 [14 February 1978

   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.


THE MARINE RESERVES AMENDMENT ACT 1980
1980, No. 121
An Act to amend the Marine Reserves Act 1971 [13 January 1981

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.



       The Marine Reserves Act 1971 is administered in the Ministry of Agriculture and Fisheries, and the Department of Conservation.