A Tauranga man who tried to use construction waste to build a makeshift ‘park' into Tauranga Harbour is facing a stint in jail.

And whether Tio Faulkner​ avoids a custodial sentence could depend on his ability to pay a six-figure fine.

Faulkner appeared in Tauranga District Court on Wednesday for what was to be his sentencing on six charges under the Resource Management Act. He was found guilty following an eight-day trial in 2021.

The charges stem from Faulkner's efforts to illegally expand his whānau's property into Tauranga Harbour and for discharging pig effluent into the harbour.

Concrete, polystyrene, plastic and wood was dumped into the harbour in what Tio Faulkner said was a bid to make a park for his whānau. Photo: Supplied.

Faulkner lives on Māori freehold land on Matapihi Rd and used a mix of concrete, plastic wrap and other materials to construct a crude platform covering 979sqm.

His efforts were discovered by the Bay of Plenty Regional Council during an aerial survey of Tauranga Harbour in July 2019.

During a subsequent visit to the property, council staff observed effluent from an unsophisticated piggery running into the harbour. The pens held at least 20 pigs.

Faulkner said the reclaimed land was part of his efforts to build a park for his whānau, similar to Tauranga's Memorial Park.

Effluent flowed from Tio Faulkner's piggery into the waterway. Photo: Supplied.

Despite being issued two abatement notices by council, Faulkner didn't comply. He also locked gates to try and prevent council staff accessing parts of the property.

Water samples taken from a pond leading to the harbour recorded high readings of E.coli.

Prosecution lawyer Adam Hopkinson,​ acting for the Bay of Plenty Regional Council, told the court Faulkner's actions represented serious, deliberate offending.

The affected waterway has high ecological and cultural value. Faulkner's claim that he was entitled to carry out the unconsented earthworks because he is mana whenua is inconsistent with the role of guardian of the coastal area, he said.

Faulkner's piggery was located near the reclaimed land and held at least 20 pigs. Photo: Supplied.

Hopkinson said the regional council seeks a fine in the realm of $189,000 to $219,000, or a six-month prison sentence. There are no mitigating factors that would support a reduction in the sentence, he said.

Judge Prudence Steven​ said her decision to impose a fine would depend on Faulkner's ability to pay it. She adjourned the sentencing for two weeks to allow Corrections to establish evidence of Faulkner's financial affairs and the suitability of his property for a sentence of community detention.

Faulkner claims to have access to $10 million in a personal trust. Assisting him in court was McKenzie friend Georgina Maxwell.​

Maxwell said Faulkner wants to attend a restorative justice process known as a Paa Kooti. The marae-based process was historically used to remedy conflicts between hapū, she said.

A view of Faulkner's mound of rubble. He was found guilty of various breaches of the Resource Management Act . Photo: Supplied.

Judge Steven remanded Faulkner in custody until his next court date and informed him he was heading towards a custodial sentence.

Hopkinson opposed Faulkner being granted bail, saying he was a flight risk. As well as claiming to have access to $10m, Faulkner says he is an Australian citizen.

He was supported in court by family members who declined to speak to media outside court.

Aaron Leaman/Stuff