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Hauraki Gulf Marine Park Act 2000

Hauraki Gulf Marine Park - Removal of land, foreshore, seabed, waters, or fisheries from Park

38: Removal of land from Park by Order in Council

You could also call this:

"How land can be removed from the Hauraki Gulf Marine Park"

Illustration for Hauraki Gulf Marine Park Act 2000

The Governor-General can remove land from the Hauraki Gulf Marine Park by Order in Council. You can find out which land this applies to in section 33(2)(a), (b), (c), and (e). The Minister must recommend this and be satisfied the land no longer serves the Park's purpose. The Minister must think about how the land is currently used, the purposes of the Act that the land is held under, and the status or classification of the land. They must consider these things before making a recommendation to the Governor-General. An Order in Council to remove land from the Park is a type of secondary legislation, and you can find out more about publication requirements in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53180.

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Part 3Hauraki Gulf Marine Park
Removal of land, foreshore, seabed, waters, or fisheries from Park

38Removal of land from Park by Order in Council

  1. The Governor-General may, by Order in Council, and acting on the recommendation of the Minister, remove any land in section 33(2)(a), (b), (c), and (e) from the Park.

  2. The Minister, before making a recommendation to the Governor-General under subsection (1), must be satisfied that the land no longer serves the purpose of the Park and have regard to the following matters:

  3. the existing use of the land:
    1. the purposes of the Act under which the land is held:
      1. the status or classification of the land.

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

        Notes
        • Section 38 heading: amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
        • Section 38(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).