Hauraki Gulf Marine Park Act 2000

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

39: Removal of land with protected status from Park by change of status of land

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"How to remove protected land from the Hauraki Gulf Marine Park"

Illustration for Hauraki Gulf Marine Park Act 2000

You can remove land with protected status from the Hauraki Gulf Marine Park by changing its status. This can be done in several ways, such as exchanging or disposing of a conservation area under the Conservation Act 1987, or exchanging or revoking a reserve under the Reserves Act 1977. You can also remove a marine mammal sanctuary or marine reserve by revoking or varying it under the relevant Acts, such as the Marine Mammals Protection Act 1978. Before taking any action, the Minister must consider the purpose of the Park and be satisfied that the land or marine reserve no longer serves this purpose. The Minister must also follow any requirements of the relevant Act. You can find more information about these Acts by visiting the New Zealand legislation website. When removing land from the Park, the notice or instrument that carries out the action must state that the land has been removed. This ensures that everyone is aware of the change in status. You can learn more about the Hauraki Gulf Marine Park and its rules by reading the Hauraki Gulf Marine Park Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53181.


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38: Removal of land from Park by Order in Council, or

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40: Removal of other areas from Park, or

"The Minister can take some areas out of the Hauraki Gulf Marine Park."

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

39Removal of land with protected status from Park by change of status of land

  1. Land, marine mammal sanctuaries, and marine reserves in section 33(2)(a), (b), and (c) may be removed from the Park by any of the following actions:

  2. exchanging a conservation area under section 16A of the Conservation Act 1987:
    1. disposing of a conservation area under section 26 of the Conservation Act 1987:
      1. exchanging a reserve under section 15 of the Reserves Act 1977:
        1. revoking a reserve under section 24 of the Reserves Act 1977:
          1. revoking or disposing of a wildlife refuge or a wildlife sanctuary:
            1. varying, redefining, or abolishing a marine mammal sanctuary under section 22 of the Marine Mammals Protection Act 1978:
              1. revoking a marine reserve.
                1. Before taking an action under subsection (1), the Minister must, in addition to any requirements of a relevant Act, consider the purpose of the Park and be satisfied that the land or marine reserve no longer serves the purpose of the Park.

                2. A local authority or the administering body of a reserve must, before requesting the revocation of a reserve under section 24 of the Reserves Act 1977, consider the purpose of the Park.

                3. The notice, Order in Council, or other instrument that carries out the action in subsection (1), must state that the land, marine mammal sanctuary, or marine reserve has been removed from the Park.

                Notes
                • Section 39 heading: amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).