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Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Monitoring and enforcement - Removal of structures

64: Removal of structures

You could also call this:

"Removing structures if you break the marine protection rules"

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

You have a structure in a high protection area. If you break the rules of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025, you might get in trouble. You could be fined or have to go to court. If you do something wrong with your structure, the Director-General or a ranger can tell you to remove or fix it. They will give you a notice with a deadline, which is at least 30 working days. If you do not fix the problem, the Director-General or ranger can remove or alter your structure. They will give you 5 working days' notice first. After that, they can take action without telling you again. You will have to pay for the cost of removing or altering your structure, which is a debt to the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS961229.

Topics:
Environment and resources > ConservationHousing and property > Land use
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Part 3Permits, enforcement, and regulations for protected areas
Monitoring and enforcement: Removal of structures

64Removal of structures

  1. This section applies if the owner or occupier of a structure within a high protection area—

  2. constructs, alters, extends, removes, or demolishes the structure, or part of the structure, in contravention of this Act or the conditions of a permit granted under this Act; and
    1. in relation to a contravention specified in paragraph (a),—
      1. commits an offence under this Act; or
        1. is convicted of an offence under this Act; or
          1. pays an infringement fee or pleads guilty or is found guilty of an infringement offence under this Act.

          2. The Director-General or a ranger may, by notice in writing, require the owner or occupier of the structure to remove it or alter it at the owner’s or occupier’s cost within a period specified in the notice (being not less than 30 working days).

          3. If the owner or occupier of the structure fails to comply with the notice issued under subsection (2), the Director-General or ranger may give the owner or occupier 5 working days’ notice in writing of their intention to remove or alter the structure.

          4. On the expiry of the 5-working-day period the Director-General or ranger may, without further notice, remove or alter the structure.

          5. The cost of the removal or alteration of the structure is a debt due to the Crown and may be recoverable by the department in a court of competent jurisdiction.