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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Monitoring and enforcement - Offences

49: Offence to undertake prohibited activity within protected area

You could also call this:

"Breaking rules in protected marine areas is against the law"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

You commit an offence if you do something that is not allowed in a seafloor protection area, as stated in section 17 or 18. You also commit an offence if you do something that is not allowed in a high protection area, as stated in section 21. If you do something that is not allowed, you might have to pay a fine or do community work. If you commit an offence for a commercial purpose, you might have to pay a bigger fine. A court can decide if you had a commercial purpose if you did something to get money or if you caught too many fish. You caught too many fish if you have more than three times the amount that an amateur fisher can catch in a day. If you commit an offence, you can be fined up to $100,000 or have to do community work. But if you did it for a commercial purpose, the fine can be up to $200,000. The court will decide what happens to you if you commit an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882847.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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48: Powers to seize and release or dispose of fish, aquatic life, seaweed, or natural material, or

"Rangers can take and deal with fish, seaweed, or other things taken from protected areas illegally"

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50: Offence to knowingly undertake prohibited activity within protected area, or

"Breaking rules in protected marine areas is against the law"

Part 3Permits, enforcement, and regulations for protected areas
Monitoring and enforcement: Offences

49Offence to undertake prohibited activity within protected area

  1. A person commits an offence if the person undertakes a prohibited activity within a seafloor protection area contrary to section 17 or 18.

  2. A person commits an offence if the person undertakes a prohibited activity within a high protection area contrary to section 21.

  3. A person who commits an offence referred to in subsection (1) or (2) is liable on conviction—

  4. to a fine not exceeding $100,000; or
    1. to a sentence of community work.

      1. A person who commits an offence referred to in subsection (1) or (2) for a commercial purpose is liable on conviction to a fine not exceeding $200,000.

      2. For the purposes of this section, a court may find that a person has a commercial purpose if the court is satisfied beyond reasonable doubt that—

      3. the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised); or
        1. in the case of a prohibited activity that involves fishing, the person is in possession of a number of fish that exceeds 3 times the amateur individual daily limit.