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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

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

66: Forfeiture for infringement offence

You could also call this:

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

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

If you get an infringement notice for doing something wrong under the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025, you might lose some things to the Crown. This can happen if you pay the fine, or if a reminder notice is filed in court under section 21 of the Summary Proceedings Act 1957, or if you make a deal to pay the fine in parts, or if you are found guilty. You might lose fish, seaweed, or other things you took, and any money you made from selling them under section 48. A court can also take away things you used to do something wrong, like a boat or car, if you are found guilty and the court case started with a charging document under section 14 of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882868.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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Part 3Permits, enforcement, and regulations for protected areas
Monitoring and enforcement: Forfeiture

66Forfeiture for infringement offence

  1. If an infringement notice is issued to a person for an infringement offence, any fish, aquatic life, seaweed, or natural material in respect of which the infringement offence is committed, and any proceeds from the sale of any fish, aquatic life, seaweed or natural material under section 48, is forfeited to the Crown when the earliest of the following occurs:

  2. the infringement fee for the offence is paid:
    1. a copy of a reminder notice for the infringement offence is filed, or a reminder notice is deemed to have been filed, in a court under section 21 of the Summary Proceedings Act 1957 before the close of the date that is 6 months after the date on which the offence is alleged to have been committed:
      1. the Director-General and the person enter into an arrangement under section 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments:
        1. the person is found guilty of, or pleads guilty to, the infringement offence.

          1. A court may order that any property used in respect of the commission of an infringement offence (including, without limitation, a vessel or vehicle) be forfeited to the Crown if—

          2. proceedings for an infringement offence are commenced by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; and
            1. a person is found guilty of, or pleads guilty to, the infringement offence.

              1. Items that are forfeited to the Crown under this section—

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