Proposed Hākaimangō-Matiatia (Northwest Waiheke) Marine Reserve
IntroductionSubmissions closed 20 March 2022. We asked for your views on the proposed Hākaimangō-Matiatia Marine Reserve in Northwest Waiheke, Auckland.
DOC has received an application to create a new marine reserve by the Friends of the Hauraki Gulf Inc. Other parties besides DOC can apply for a new marine reserve under the Marine Reserve Act 1971 – this is what has happened here.
DOC is preparing ministerial advice and planning further engagement
November 2022: We are preparing advice for the Minister of Conservation on the proposed Hākaimangō-Matiatia Marine Reserve in Northwest Waiheke, Auckland. This is step five of the marine reserve application process.
The advice we prepare for the Minister of Conservation will enable her to decide whether to “uphold” any objections. It includes a full assessment of the application, public viewpoints and legislative and policy requirements. Development of the advice is technical and it needs to be robust and accurate.
As an honourable Treaty partner, and to give effect to the principles of the Treaty of Waitangi, we want to ensure the views of tangata whenua are accurately represented in the advice. To do this, we are planning to undertake further engagement with tangata whenua.
Depending on the timing and process for further engagement, we plan to provide the final advice to the Minister of Conservation in 2023.
On this page:
- Submissions closed 20 March 2022
- Process for a marine reserve application
- Summary of the proposal
- Application document
- Background to the proposal
On behalf of the Friends of the Hauraki Gulf Inc (the applicant), DOC invited submissions on this proposal to establish a new marine reserve. Submissions closed 20 March 2022.
Read the submissions
DOC received 1,293 submissions and objections on the proposal. Of these, 1,174 were in support, 25 were in partial support, 6 were partial objections and 88 were objections.
All submissions and their attachments can be accessed in the folders below.
The summary at the beginning of each submission shows if it has supporting documents. If it does have supporting documents, they can be found at the bottom of the submission.
Redactions of contact details and other information have been made in accordance with the Official Information Act 1982.
- Submission folder 1 – all names redacted (PDF, 2,108K)
- Submission folder 2 (PDF, 16,431K)
- Submission folder 3 (PDF, 12,950K)
- Submission folder 4 (PDF, 20,547K)
- Submission folder 5 (PDF, 19,315K)
Find a submission
The index can be used to search for a particular submission. Search the index for a submitter's name and it will tell you which folder their submission is in.
Open that folder and then search for submitter's name to find the submission.
You can open the search function in PDF documents by pressing Ctrl + F on your keyboard. On mobile, select the magnifying glass icon at the top of the screen.
Note that all submissions where names have been withheld are in their own file: Submissions folder 1. You will not be able to search these submissions by submitter name.
Response to objections
The applicant has provided their response to the objections made (as outlined under section 5(4) of the Marine Reserves Act 1971).
The process to apply for a marine reserve is outlined in the Marine Reserves Act 1971, with additional requirements in the Marine and Coastal Area (Te Takutai Moana) Act 2011.
Below is a high-level overview of the process involved in this application. This is not a summary of the entire marine reserve application process. For the full process, see the Marine Reserves Act.
Diagram of the process
Hākaimangō-Matiatia (Northwest Waiheke) Marine Reserve application process diagram. The steps are expanded below.
1. Draft application for marine reserve
On 23 April 2021, the Friends of Hauraki Gulf Inc (the applicant) submitted a draft application to the Director-General of Conservation for the declaration of a marine reserve on the north-western end of Waiheke Island.
The applicant undertook their own consultation with iwi, interested parties, community groups and the public.
3. Public notification – two-month public consultation period
On 20 January 2022, the applicant published their ‘notice of intention to apply’ for a new marine reserve. This was published in local and main centre newspapers.
People and organisations then had two months to make a written submission, objecting to or supporting the proposal. The public notification period ended on 20 March 2022.
Summary of DOC’s role during public notification and consultation
DOC provided a plan of the proposed marine reserve during the public notification stage. This was displayed at the Auckland Council and Citizens Advice Bureau offices, the DOC office at Devonport, and the public library on Waiheke.
DOC notified affected iwi, hapū, or whānau about the application, as required under section 48 of the Marine and Coastal Area (Te Takutai Moana) Act 2011.
Both DOC and the applicant received all submissions and objections, as required by the Marine Reserves Act.
DOC consulted tangata whenua on the application.
(Note: Engagement with tangata whenua continues, to ensure their views can be accurately conveyed to the Minister of Conservation. This is also to ensure that DOC and the Minister meet their responsibilities under section 4 of the Conservation Act 1987, provisions of the Marine and Coastal Area (Te Takutai Moana) Act 2011, and relevant Treaty settlement agreements.)
4. Response to objections
The applicant has the right, under the Marine Reserves Act, to “answer” any objections within a period of three months from the date of first newspaper publication (ie one month after the close of the submissions).
The applicant provided its ‘Response to Objections’ document on 20 April 2022. DOC sent this document, along with all submissions and objections received, to the Minister, as the Act requires.
5. Department of Conservation’s assessment of the application
DOC is currently analysing the objections and submissions received and assessing the application against the requirements of the Marine Reserves Act 1971.
6. Advice to the Minister
DOC will provide its analysis and advice to the Minister of Conservation, taking care to accurately convey the views of tangata whenua.
7. Minister of Conservation’s decisions
The Minister must first decide whether to “uphold” any objections. If the Minister upholds any objections, the area will not be declared a marine reserve. If the Minister does not uphold any objections, the Minister must then decide whether the area should be declared a marine reserve, considering the matters in section 5(9) of the Marine Reserves Act (which include whether to declare a reserve is in the best interests of scientific study).
8. Concurrence of the Minister for Oceans and Fisheries and the Minister of Transport
If the Minister of Conservation decides the area should be declared a marine reserve, the Minister must seek the agreement of the Minister for Oceans and Fisheries and the Minister of Transport.
9. If approved, the marine reserve can be established
If both the Ministers for Oceans and Fisheries and Transport agree, the Minister of Conservation can then recommend that the Governor-General establish the new marine reserve by Order in Council, either unconditionally or subject to conditions.
The proposed Hākaimangō-Matiatia Marine Reserve is off the northwest coastline of Waiheke Island, Auckland. The proposal covers 2,350 ha off the north-western corner of Waiheke Island. It would span from Hakaimango Point to Matiatia Point.
What a marine reserve is
Marine reserves are areas that are fully protected from the sea surface to the seafloor, including the foreshore. Activities that “take”, alter or disturb marine life, are generally not allowed in a marine reserve.
Activities that do not harm the marine environment are encouraged such as:
- studying the marine life
The main aim of a marine reserve is to create an area free from alterations to marine habitats and life, providing a place of study to learn about the marine environment.
Under the Marine Reserves Act 1971, marine reserves may be established in areas that:
- contain underwater scenery, natural features, or marine life of such distinctive quality, or
- are so typical, beautiful, or unique that their continued preservation is in the national interest.
The application includes a background to the proposal, including the applicant’s reasoning for the proposal, and research into the marine environment which informed their decision to apply for a new marine reserve at the proposed site. It takes around 70 minutes to read in full.
You can get a printed copy of the application document and map at:
- DOC Tāmaki Makaurau / Auckland Office
- The Waiheke Library, 133/131 Ocean View Road, Oneroa, Waiheke Island
- Waiheke Local Board Office, 10 Belgium Street, Ostend, Waiheke Island
- Citizens Advice Bureau, 141 Ocean View Road, Oneroa, Waiheke Island
On 23 April 2021, the Friends of the Hauraki Gulf Inc, gave formal notice to the Director-General of DOC of their intention to apply for an Order in Council to establish a new marine reserve.
The Director-General established the Friends of the Hauraki Gulf were eligible and agreed to work with them and support them through the Marine Reserves Act 1971 process.
About Friends of the Hauraki Gulf Inc
The Friends of the Hauraki Gulf is a Waiheke Island based incorporated society originally established in 2013. They describe their purpose as ‘to research and advocate for the setting aside of marine protected areas, especially no-take marine reserves…’ and ‘to encourage and facilitate the scientific study of marine life and the natural history of the Hauraki Gulf.’
Roles in the process
In the Marine Reserves Act 1971 process there are defined roles for the applicant, DOC, and the Minister of Conservation.
The applicant’s role
The role of the Friends of the Hauraki Gulf Inc in this process is to:
- inform and engage with tangata whenua, the public, and interest groups or stakeholders about the proposal
- publically notify the application – which then starts a two month period where objections and submissions can be made to the Director General of Conservation
- answer any objections within one month of the close of submission period, if they choose to.
DOC’s role in this process
DOC’s role is to facilitate the Marine Reserves Act 1971 process – the proposal is not a DOC led proposal, however, DOC is required to:
- advise and support the applicant to understand and meet process requirements
- prepare an official map of the proposed area
- consult with affected iwi, hapū and whānau to understand their views on the proposed marine reserve and to meet obligations set out in under section 4 of the Conservation Act 1987, Te Takutai Moana Act 2011, and relevant Treaty settlement agreements
- support the two month public notification process by displaying the map and application at local DOC offices
- receive all public submissions provided during the public notification period and manage information as per the Official Information Act 1982 and Privacy Act 2020 requirements
- analyse the submissions and assess the application against legal requirements, and provide independent advice to the Minister of Conservation to support decision making.
Minister of Conservation’s role in this process
The role of the Minister of Conservation in this process:
- Make decisions about whether to uphold any objections and whether to declare a new marine reserve as proposed. The Minister of Conservation must have particular regard to the views of those affected iwi, hapū, or whānau in considering the application or proposal.
- If the Minister of Conservation decides the area should be declared a marine reserve, seek the agreement of the Minister for Oceans and Fisheries and the Minister of Transport.
- If concurrence (agreement) of both the Minister for Oceans and Fisheries and the Minister of Transport is obtained, the Minister can recommend the Governor-General establish the new marine reserve by Order in Council, either unconditionally or subject to conditions.
The full procedure of declaring a Marine Reserve can be found within the Marine Reserves Act (1971).
If you have any questions about the proposal, contact Friends of the Hauraki Gulf Inc.
If you have any questions about this process, contact us.