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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Regulations and miscellaneous matters - Regulations and bylaws

120: Regulations for management of common marine and coastal area

You could also call this:

"Rules to Protect the Marine and Coastal Area"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

The Governor-General can make rules to manage the common marine and coastal area. You need to know these rules are for your safety and to protect the environment. The rules can also say what you can and can't do in the area, like building things or putting objects in the water. The Minister of Conservation must make sure the rules are necessary before they are made. You can find out more about these rules, which are called secondary legislation, by looking at Part 3 of the Legislation Act 2019. The Minister must think about whether the rules will work and if there are already other laws that can achieve the same thing. The rules can include things like fines of up to $5,000 for doing something wrong. The Minister of Conservation has to recommend the rules to the Governor-General before they can be made. The rules are in place to help manage the common marine and coastal area properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213467.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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119: Minister of Conservation to perform residual management functions, or

"The Minister of Conservation helps manage the coastal area if no one else is in charge."

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121: Bylaws, or

"Rules for the Coast and Sea"

Part 4Administrative and miscellaneous matters
Regulations and miscellaneous matters: Regulations and bylaws

120Regulations for management of common marine and coastal area

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, make regulations for all or any of the following purposes:

  2. the safety and protection of members of the public who exercise rights of access or navigation in or over the common marine and coastal area or any specified part of that area:
    1. the preservation or protection of the natural environment of the common marine and coastal area or any specified part of that area:
      1. prohibiting or regulating the construction or use of structures in the common marine and coastal area or any specified part of that area, and providing for the removal or destruction of those structures:
        1. prohibiting or regulating the placing or deposit of objects in the common marine and coastal area or any specified part of that area, and providing for the removal or destruction of those objects:
          1. prescribing offences punishable on conviction by a fine not exceeding $5,000 in any one case:
            1. providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.

              1. The Minister of Conservation must not make a recommendation under subsection (1) unless satisfied that—

              2. the proposed regulations are necessary for the proper management of the common marine and coastal area or of the specified part to which the proposed regulations relate; and
                1. the objectives of the proposed regulations cannot be, or are not being, achieved under an existing enactment.

                  1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 120(1)(e): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 120(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).