25 FEBRUARY THE NEW ZEALAND GAZETTE 605

SCHEDULE

NORTH AUCKLAND LAND DISTRICT—RODNEY COUNTY

8446 square metres, more or less, being road adjoining part Allotment 528, Allotment 29, Wharehine Parish, and Crown land situated in Block II, Tauhoa Survey District. Shown marked 'C' on S.O. Plan 54448.

Dated at Auckland this 10th day of February 1982.

J. V. BOULD,
Assistant Commissioner of Crown Lands.
(L. and S. H.O. 16/3285; D.O. 8/3/621)

The Poor Knights Islands Marine Reserve Bylaws 1982

PURSUANT to the Marine Reserves Act 1971, the Poor Knights Islands Marine Reserve Management Committee hereby makes the following bylaws.

ANALYSIS

PART II
SCIENTIFIC STUDIES

9. Certain scientific study prohibited without approval of Committee
10. Application for scientific study
11. Approval for scientific study
12. Reports to Committee
13. Protection for areas under scientific study
14. Participants in scientific study to carry identification
15. Withdrawal of approval for scientific study
16. Register of scientific study

BYLAWS

1. Title and commencement—(1) These bylaws may be cited as the Poor Knights Islands Marine Reserve Bylaws 1982.
   (2) These bylaws shall come into force on the 1st day of March 1982.

2. Interpretation—In these bylaws, unless the context otherwise requires,—
   "Act" means the Marine Reserves Act 1971:
   "Committee" means the Poor Knights Islands Marine Reserve Management Committee:
   "Reserve" means the Poor Knights Islands Marine Reserve established by the Marine Reserve (Poor Knights Islands) Order 1981:
   "Secretary" means the person appointed as Secretary to the Committee under section 11 of the Act.
   S.R. 1981/16

PART I
CONDUCT WITHIN RESERVE

3. Diving—(1) Except as provided in subclause (2) of this bylaw, any person may dive in any part of the reserve.
   (2) Every person commits a breach of this bylaw who dives in any area that has been closed to the public under bylaw 13 of these bylaws.

4. Anchoring—(1) Except as provided in subclause (2) of this bylaw, any person may anchor any vessel in any part of the reserve in such manner that damage to the reserve does not occur or is kept to the minimum practicable level.
   (2) Every person commits a breach of this bylaw who anchors any vessel in any area that has been closed to the public under bylaw 13 of these bylaws, or within 100 metres of any buoy moored in accordance with that bylaw.

5. Use of vessels within reserve—(1) Every person commits a breach of this bylaw who operates or is in charge of any vessel that is being operated within 200 metres of the shore at a speed in excess of 5 knots.
   (2) Every person commits a breach of these bylaws who operates or is in charge of any vessel within the reserve from which a proper watch is not being kept for persons who may be diving in the reserve.

6. Exclusion of public from areas closed for scientific study—Every person commits a breach of this bylaw who enters any area of the reserve that has been closed to the public under bylaw 13 of these bylaws.

7. Defence by reason of emergency—(1) It shall not be a breach of any of bylaws 3 to 6 of these bylaws to act in breach of any of those bylaws by reason of an emergency.
   (2) In any prosecution for a breach of the provisions of any of bylaws 3 to 6 of these bylaws, the onus shall lie on the defendant to prove that, by virtue of subclause (1) of this bylaw, the act complained of was not an offence.

8. Proceedings under Acts in respect of offences—Nothing in these bylaws shall limit or prevent the taking of proceedings under any Act in respect of any offence committed within the reserve.

PART II
SCIENTIFIC STUDIES

9. Certain scientific study prohibited without approval of Committee—No person shall undertake in the reserve scientific study—
   (a) That may involve conduct that could constitute an offence against the Act if it were not authorised by the Committee; or
   (b) That may require the closure of any specified part of the reserve to the public—
   without the approval of the Committee.

10. Application for scientific study—(1) Any person wishing to undertake any scientific study referred to in bylaw 9 of these bylaws shall make an application for approval to do so in writing to the Secretary, not later than 1 month before the intended date of commencement of the study, specifying—
    (a) The name of the applicant and the address where he or she can be contacted;
    (b) The name of the person who will supervise the study, and the name of the organisation authorising or sponsoring the study (if any):
    (c) A descriptive title of the study and a description of how it is to be undertaken:
    (d) The intended date of commencement of the study and its estimated duration:
    (e) Whether there is likely to be caused any disturbance to the environment, the nature of the disturbance, and the time it is likely to take to overcome the disturbance:
    (f) The name of every other person or persons participating in the study with the applicant in the reserve.
    (2) The Committee may require any applicant to provide further details of the scientific study proposed and his ability to conduct the study.

11. Approval for scientific study—(1) In considering any application for scientific study, the Committee shall have regard to the following matters:
    (a) Maintaining the general wellbeing of the reserve and preserving with the minimum of disturbance the marine life and natural features of the reserve;
    (b) Co-ordination of the study to be undertaken with previously approved studies:
    (c) The time required to correct by natural processes any disturbance to the reserve or the marine life in the reserve:
    (d) The contribution that the study would make to a better understanding of marine processes or the scientific discipline appropriate to the study.
    (2) The Committee shall consider each application for scientific study and advise the applicant whether or not the application is approved.
    (3) Any approval given by the Committee under this bylaw may be subject to any conditions the Committee thinks fit to impose in the particular case having regard to the functions, powers, and obligations of the Committee, and shall be in writing signed by the Secretary and the Chairman.

12. Reports to Committee—(1) It shall be a condition of every approval given under bylaw 11 of these bylaws that the applicant furnish progress reports on the study to the Secretary at such intervals as are specified by the Committee.
    (2) The applicant shall furnish a final report or a copy of any published paper on the study to the Secretary.

13. Protection for areas under scientific study—(1) The Committee may close to public access any area within the reserve for the purposes of scientific study if it considers that closure is desirable because of the nature of the study.
    (2) Where an area is closed under subclause (1) of this bylaw, the Committee shall issue a permit for the study to the person responsible for the study, and shall direct him to advise the public by notice in whatever manner the Committee considers reasonable and practicable in the circumstances, including notification in a newspaper circulating in the vicinity of the reserve, that access to the area where the study is taking place is not permitted.