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Marine and Coastal Area (Takutai Moana) Act 2011

Administrative and miscellaneous matters - Regulations and miscellaneous matters - Regulations and bylaws

122: Persons breaching regulations or bylaws may be directed to stop

You could also call this:

"Breaking marine rules? You can be told to stop"

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

If you are in the common marine and coastal area and you are doing something that the Director-General thinks is against the regulations made under section 120 or any bylaws made under section 121, they can tell you to stop. The Director-General can also tell you to stop if they think the way you are using a vehicle, vessel, or other moveable thing is against the regulations or bylaws. They can take charge of the vehicle, vessel, or thing and move it to another location. If you do not stop when the Director-General tells you to, you can get in trouble. You might have to pay a fine of up to $5,000 or go to prison for up to 3 months. You can even be arrested without a warrant. The Director-General can give some of their power to other people, like warranted officers or employees of local authorities. These people can then tell you to stop doing something or take charge of a vehicle, vessel, or thing. Before they do this, they must show you their warrant of appointment or other evidence of their authority. The Director-General must follow certain rules when giving their power to other people. These rules are outlined in the Conservation Act 1987 and the Public Service Act 2020. You can find more information about these rules by looking at clauses 2 to 4 of Schedule 6 of the Public Service Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597419.

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Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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121: Bylaws, or

"Rules for the Coast and Sea"

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Part 4Administrative and miscellaneous matters
Regulations and miscellaneous matters: Regulations and bylaws

122Persons breaching regulations or bylaws may be directed to stop

  1. If a person in the common marine and coastal area is engaging in an activity that the Director-General or a delegate of the Director-General has reasonable grounds to believe constitutes a breach of any regulations made under section 120 or any bylaws made under section 121, the Director-General or the delegate may direct the person to stop that activity.

  2. If the Director-General or a delegate of the Director-General has reasonable grounds to believe that the use or the location of a vehicle, vessel, or other moveable thing in the common marine and coastal area constitutes a breach of any regulations made under section 120 or any bylaws made under section 121, the Director-General or the delegate may—

  3. take charge, or authorise another person to take charge, of the vehicle, vessel, or thing for the purpose of moving it or preparing it for movement; and
    1. move, or authorise another person to move, the vehicle, vessel, or thing to another location.

      1. A person who intentionally fails to comply with a direction given under subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000 or to both.

      2. Every person who fails to comply with a direction given under subsection (1) may be arrested without warrant by any constable.

      3. The Director-General may from time to time, either generally or particularly, delegate the power conferred by subsection (1) or (2) to any of the following persons:

      4. a warranted officer within the meaning of the Conservation Act 1987:
        1. employees of local authorities.

          1. Subsection (5) does not limit clauses 2 to 4 of Schedule 6 of the Public Service Act 2020, and those sections apply with any necessary modifications to any delegation under subsection (5).

          2. Before a delegate exercises a power under subsection (1) or (2), the delegate must produce his or her warrant of appointment or other evidence of his or her authority.

          Notes
          • Section 122(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
          • Section 122(6): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).