Marine and Coastal Area (Takutai Moana) Act 2011

  • This version was replaced on 16 January 2019 to make a correction to section 23(3) under section 25(1)(j)(iv) of the Legislation Act 2012
69 Offence and penalty provision

(1)

In relation to an activity to which an RMA permission right applies, it is an offence to commence the activity in the relevant customary title area unless the relevant customary marine title group has given permission under section 66(2) or is to be treated as having given permission under section 67(4).

(2)

Every person who commits an offence against subsection (1) is liable, on conviction,—

(a)

in the case of a natural person, to imprisonment for a term not exceeding 2 years or a fine not exceeding $300,000:

(b)

in the case of a person other than a natural person, to a fine not exceeding $600,000.

(3)

A person convicted of an offence under this section is also liable for the full value of—

(a)

any revenue or profits earned by, or accruing to, the offender as a result of the offence; or

(b)

any revenue or profits lost by the customary marine title group as a result of the offence; or

(c)

any savings in costs made by, or accruing to, the offender as a result of the offence.

(4)

If a person is convicted of an offence under this section and a fine is imposed, the Environment Court must—

(a)

deduct 10% from the total sum of the fine imposed and the full amount payable under subsection (3), to be credited to the Crown Bank Account; and

(b)

order that the balance of the total sum described in paragraph (a) be paid—

(i)

in full to the relevant customary marine title group that brought the prosecution; or

(ii)

if another person or group brought the prosecution, to that person and the relevant customary marine title group in any proportion that the Environment Court directs.

(5)

Proceedings under this section and section 70 must be heard either—

(a)

by an Environment Judge sitting alone; or

(b)

in the District Court and, unless the Chief District Court Judge directs otherwise, by a District Court Judge who is an Environment Judge.

Section 69(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).