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
70 Environment Court may make enforcement orders

(1)

Subsection (3) applies only if, in relation to the exercise of a resource consent,—

(a)

the RMA permission right is applicable; and

(b)

a resource consent is exercised without the permission of the customary marine title group being obtained.

(2)

If proceedings for an offence are commenced in the Environment Court, the Criminal Procedure Act 2011 applies as if a reference to the District Court were a reference to the Environment Court, with any other necessary modifications.

(3)

The Environment Court may make enforcement orders to—

(a)

prohibit a person from continuing the activity:

(b)

require a person to remove any structure or other work or materials from the customary marine title area:

(c)

require a person to rectify any adverse effects of the activity on the customary marine title area.

Section 70(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).