Hauraki Gulf Marine Park Act 2000

Hauraki Gulf Marine Park

35: Inclusion of land in private ownership in Park

You could also call this:

"Private land can be part of the Hauraki Gulf Marine Park if the owner agrees."

Illustration for Hauraki Gulf Marine Park Act 2000

You can include private land in the Hauraki Gulf Marine Park if the owner agrees. The Minister can add this land to the Park after talking to the Forum and the Conservation Board. The Minister must think it is a good idea for the Park. You can include land that has a special agreement to protect it, like a conservation covenant under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987. This also includes land with a Nga Whenua Rahui kawenata under section 77A of the Reserves Act 1977 or section 27A of the Conservation Act 1987. You can also include land with a heritage covenant under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014. Other land that can be included is land with an open space covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977. This includes land that is protected private land under section 76 of the Reserves Act 1977. Land controlled by a Minister for the purposes of the Reserves Act 1977 can also be included if the owner agrees. You can also include land in a wetland approved by the Minister of Foreign Affairs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53176.


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"Adding other public areas to the Hauraki Gulf Marine Park"


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"Adding special fishing areas to the Hauraki Gulf Marine Park"

Part 3Hauraki Gulf Marine Park

35Inclusion of land in private ownership in Park

  1. If the owner of land located in the Hauraki Gulf, its islands, or coastal area and described in subsection (2) consents to the inclusion of that land in the Park, the Minister may, by notice in the Gazette, and after consulting the Forum and the Conservation Board for the area where the land is located, include the land if, in the opinion of the Minister, the inclusion of that land is in accordance with the purpose of the Park.

  2. The following land may be included in the Park in accordance with this section:

  3. land subject to a conservation covenant entered into under section 77 of the Reserves Act 1977 or section 27 of the Conservation Act 1987:
    1. land subject to a Nga Whenua Rahui kawenata entered into under section 77A of the Reserves Act 1977 or section 27A of the Conservation Act 1987:
      1. land subject to a heritage covenant entered into under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014:
        1. land subject to an open space covenant entered into under section 22 of the Queen Elizabeth the Second National Trust Act 1977:
          1. land subject to a declaration under section 76 of the Reserves Act 1977 that it is protected private land:
            1. land controlled and managed by a Minister or an administering body for the purposes of the Reserves Act 1977 where the owner has agreed to the use of land for that purpose in accordance with section 38 of that Act:
              1. any land in the Hauraki Gulf, other than land owned by the Crown, whether or not it is subject to a covenant referred to in paragraphs (a) to (d), 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.
                Notes
                • Section 35(2)(c): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).