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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).