33Establishment of Hauraki Gulf Marine Park

1. The Hauraki Gulf Marine Park is established.

2. The Hauraki Gulf Marine Park consists of—

3. all conservation areas, wildlife refuges, wildlife sanctuaries, reserves, marine mammal sanctuaries, and marine reserves held, managed, or administered by the Crown from time to time in accordance with the Conservation Act 1987 or any Act in Schedule 1 of that Act within the Hauraki Gulf, its islands, and coastal area:
4. any reserve controlled and managed from time to time by an administering body (whether or not that administering body is a local authority) under an appointment to control and manage made in accordance with the Reserves Act 1977 or any corresponding former Act, within the Hauraki Gulf, its islands, and coastal area:
5. all the common marine and coastal area within the Hauraki Gulf other than foreshore or seabed held for defence purposes:
6. all seawater within the Hauraki Gulf:
7. all land of the Crown in the Hauraki Gulf, within a wetland approved by the Minister of Foreign Affairs and notified to the Bureau of the Convention on Wetlands of International Importance done at Ramsar on 2 February 1971:
8. all land included in the Park in accordance with section 34 or section 35:
9. all mataitai reserves and taiapure-local fisheries included in the Park in accordance with section 36:
10. all land—
    1. included in the Park to give effect to legislation settling historical claims of iwi and hapū under the Treaty of Waitangi (being claims relating to acts or omissions of the Crown before 21 September 1992); and
    2. described in Schedule 5:
11. all high protection areas declared by section 20 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025:
12. all seafloor protection areas declared by section 16 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025.

13. The inclusion of seawater in the Hauraki Gulf Marine Park is to give effect to the purposes of the Park and does not—

14. give the Crown or any other person ownership of seawater; or
15. affect the responsibilities of a regional council in the coastal marine area.

16. Land to which subsection (2)(a) applies and which is used for the purposes of education, defence, police, or prisons is not a part of the Park unless the Minister responsible for that use of the land requests the Minister to include the land in the Park; and the Minister may do so by notice in the Gazette.

17. Despite subsection (4), the land described in Part 1 of Schedule 4 that, at the commencement of this section, is held as a reserve and is used for defence purposes—

18. must be held, and treated as classified, as an historic reserve under section 18 of the Reserves Act 1977; and
19. must be treated as included in the Park under subsection (2)(a).

20. If the land or any part of the land described in Part 2 of Schedule 4 that, at the commencement of this section, is held as a reserve and is used for defence purposes, is no longer required for defence purposes, the land—

21. must be held, and treated as classified as a recreation reserve under section 17 of the Reserves Act 1977; and
22. must be treated as included in the Park under subsection (2)(a).

23. Despite any provision of the Defence Act 1990 and subsection (6), the Minister of Defence may administer and manage the land or any part of the land in Part 2 of Schedule 4 jointly with the Commissioner or an administering body for the purposes of the Park as if it were a recreation reserve under section 17 of the Reserves Act 1977.

24. For the purposes of subsection (7), Commissioner has the same meaning as in section 2 of the Reserves Act 1977.