New Zealand Acts

MARINE RESERVES ACT 1971 - SECT 18I

18I Offences

1 Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $250,000, or to both, who, without lawful authority or reasonable excuse, takes or removes from a marine reserve for commercial purposes any marine life.

2 Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, who, without lawful authority or reasonable excuse, discharges or causes to be discharged or deposits, whether directly or indirectly, in or into a marine reserve any toxic substance or pollutant or other substance or article of any kind injurious to marine life.

3 Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both, who, without lawful authority or reasonable excuse,—

a) introduces in or into a marine reserve any living organism; or

b) wilfully damages or wilfully injures any marine life, or wilfully damages the foreshore or seabed, or any of the natural features in a marine reserve; or

c) uses in a marine reserve any explosive; or

d) takes or removes from a marine reserve any marine life, mineral, sand, shingle, or other natural material or thing of any kind.

4 Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both, who, without lawful authority or reasonable excuse,—

a) discharges any firearm in or into a marine reserve; or

b) erects any structure in or over a marine reserve; or

c) wilfully interferes with or wilfully disturbs in a marine reserve any marine life, foreshore or seabed, or any of the natural features.

5 Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or to both, who, without lawful authority or reasonable excuse,—

a) deposits or throws in or into a marine reserve any rubbish, except in a place or receptacle approved and provided by the Director-General; or

b) uses, sells, or otherwise disposes of, or is in possession of, any marine life, mineral, gravel, sand, or other substance or thing whatever knowing the same to have been removed unlawfully from a reserve; or

c) fails to comply with any requirement of a ranger under section 18(1) ; or

d) after being required under section 18(1)(b) to give his or her name and residential address or to produce evidence of any of those particulars,—

i) gives an untrue or fictitious name or address, or gives such a general description of his or her place of abode as is illusory for the purposes of discovery; or

ii) gives false evidence of his or her full name and address; or

e) impersonates or falsely pretends to be a ranger; or

f) obstructs, threatens, or attempts to intimidate a ranger, or uses language that is abusive or threatening to a ranger, or behaves in a manner threatening to a ranger, while the ranger is acting in the exercise of his or her powers or the discharge of his or her duties under this Act; or

g) gives, or agrees to give, or offers to any such ranger any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown, by that ranger, or being a ranger accepts or agrees to accept or solicits any such gift or consideration.

6 A person shall be deemed to have taken or removed marine life for commercial purposes if he or she is found in possession of an amount exceeding 3 times the amateur individual limit (if any) prescribed in respect of that marine life in regulations made under the Fisheries Act 1996 .

History: Section 18I: inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).