768
THE NEW ZEALAND GAZETTE
No. 34

foreign centre. In the latter case interest at foreign centre rates may be deducted from the telegraphic transfer rate to compensate the purchaser for his loss during the transit period.

Date: 9 March 1983.
Time: 9 a.m.

G. A. DRY,
Assistant Chief Cashier,
Reserve Bank of New Zealand, Wellington.

The Cape Rodney - Okakari Point Marine Reserve Bylaws 1983

PURSUANT TO the Marine Reserves Act 1971, the Cape Rodney - Okakari Point Marine Reserve Management Committee hereby makes the following bylaws:

ANALYSIS

PART I
CONDUCT WITHIN RESERVE

1. Title and commencement
2. Interpretation
3. Diving
4. Anchoring
5. Use of vessels within reserve
6. Exclusion of public from areas closed for scientific study
7. Defence by reason of emergency
8. Proceedings under Acts in respect of offences

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 for scientific study

BYLAWS

1. Title and commencement—(1) These bylaws may be cited as the Cape Rodney - Okakari Point Marine Reserve Bylaws 1983.
   (2) These bylaws shall come into force on the 1st day of April 1983.

2. Interpretation—In these bylaws, unless the context otherwise requires,—
   “Act” means the Marine Reserves Act 1971;
   “Committee” means the Cape Rodney - Okakari Point Marine Reserve Management Committee;
   “Reserve” means the Cape Rodney - Okakari Point Marine Reserve established by Order in Council dated the 28th day of October 1975 and published in the Gazette of 1975 at page 2427;
   “Secretary” means the person appointed as Secretary to the Committee under section 11 of the Act.

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 in the reserve 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.

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 2 months 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: