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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

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

65: Forfeiture of property on conviction

You could also call this:

"What happens to your things if you break the marine protection rules"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

If you are found guilty of breaking a rule in the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025, some of your property might be taken by the Crown. This can include things like boats or cars used to commit the offence. It can also include fish or seaweed you caught or kept wrongly, as stated in section 48(4). If you sold some of these things, the money you made from the sale might also be taken. You might not be let off without a conviction unless the court thinks it would be unfair to take your things. When something is taken by the Crown, it belongs to them completely and they can decide what to do with it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882867.

Topics:
Crime and justice > Criminal lawEnvironment and resources > Conservation
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"Removing structures if you break the marine protection rules"

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66: Forfeiture for infringement offence, or

"Losing things if you break the Hauraki Gulf marine protection rules"

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

65Forfeiture of property on conviction

  1. If a person is convicted of an offence against this Act, the following may be forfeited to the Crown by order of the court:

  2. any property used in the commission of the offence, including any vessel, vehicle, or other conveyance:
    1. any fish, aquatic life, seaweed, or natural material retained under section 48(4) to which the offence related:
      1. any proceeds from the sale of any fish, aquatic life, seaweed, or natural material retained or disposed of under section 48(4) to which the offence related.

        1. A person must not be discharged without conviction for an offence against this Act unless the court considers that, in the circumstances of the offending, it would be unjust to make an order of forfeiture under subsection (1).

        2. Items that are forfeited to the Crown under subsection (1)—

        3. are forfeited to the Crown absolutely and without encumbrance; and
          1. may be disposed of as the Director-General thinks fit.