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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - RMA permission right

69: Offence and penalty provision

You could also call this:

"Breaking the rules in a customary title area can lead to punishment, like fines or imprisonment."

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

If you start an activity in a customary title area without permission, you commit an offence. You must get permission from the relevant customary marine title group under section 66(2) or section 67(4). If you break this rule, you can be punished. If you are a person, you can be imprisoned for up to 2 years or fined up to $300,000. If you are not a person, like a company, you can be fined up to $600,000. You also have to pay for any money you earned or saved by breaking the rule. If you are fined, the Environment Court takes 10% of the fine and gives it to the Crown. The rest of the fine goes to the group that brought the case against you, or to that group and the person who brought the case. The case is heard by an Environment Judge or a District Court Judge who is an Environment Judge, unless the Chief District Court Judge says otherwise. You can also be taken to court under section 70. The court hearing is either with an Environment Judge or in the District Court with a District Court Judge who is an Environment Judge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213387.

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68: Effect of RMA permission right, or

"Getting permission from a customary marine title group to do an activity in their area"

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70: Environment Court may make enforcement orders, or

"The Environment Court can stop people breaking the law and make them fix any damage they cause."

Part 3Customary interests
Customary marine title: RMA permission right

69Offence and penalty provision

  1. In relation to an activity to which an RMA permission right applies, it is an offence to commence the activity in the relevant customary title area unless the relevant customary marine title group has given permission under section 66(2) or is to be treated as having given permission under section 67(4).

  2. Every person who commits an offence against subsection (1) is liable, on conviction,—

  3. in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000:
    1. in the case of a person other than a natural person, to a fine not exceeding $600,000.

      1. A person convicted of an offence under this section is also liable for the full value of—

      2. any revenue or profits earned by, or accruing to, the offender as a result of the offence; or
        1. any revenue or profits lost by the customary marine title group as a result of the offence; or
          1. any savings in costs made by, or accruing to, the offender as a result of the offence.

            1. If a person is convicted of an offence under this section and a fine is imposed, the Environment Court must—

            2. deduct 10% from the total sum of the fine imposed and the full amount payable under subsection (3), to be credited to the Crown Bank Account; and
              1. order that the balance of the total sum described in paragraph (a) be paid—
                1. in full to the relevant customary marine title group that brought the prosecution; or
                  1. if another person or group brought the prosecution, to that person and the relevant customary marine title group in any proportion that the Environment Court directs.

                  2. Proceedings under this section and section 70 must be heard either—

                  3. by an Environment Judge sitting alone; or
                    1. in the District Court and, unless the Chief District Court Judge directs otherwise, by a District Court Judge who is an Environment Judge.

                      Notes
                      • Section 69(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 69(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).