Tevita Kava

Tevita Kava, 29, fell overboard during the Waitematā Harbour excursion on a Red Boats charter on June 3 last year.

His body was found in water near Te Atatū nine days later.

This week, Maritime New Zealand filed a charge against The Red Boats Limited under the Health and Safety at Work Act, according to the New Zealand Herald.

The company is charged will "failing to comply with duty that exposes individuals to risk of death or serious injury or serious illness".

Kava's cousin, Ngaire Speedy, said the family were still deeply grieving Kava.

Police found the body of a man near Te Atatu about 9.30am on Monday.

Police were unable to confirm the identity until formal identification had been completed, Senior Constable Martin Renouf said, but a cousin said police had been in touch with the family.

The discovery comes six days after police suspended the search for Kava.

The 29-year-old had been on an inner harbour cruise on June 3 when he fell overboard. 

Police, Land Search and Rescue and Coastguard searches continued for three days.

Mr Kava, 29, of Mangere, was on a charter boat in Waitemata Harbour when he went overboard on Saturday night.

The police dive squad, eagle helicopter, coastguard and land search and rescue teams searched the sea and shore for two days.

Mr Kava's friends and family have been informed.

Mr Kava is originally from Tonga. 

Tevita Kava is originally from Tonga.

He joined others to celebrate a friend’s birthday on Saturday night when he fell off the boat in the Waitemata Harbour in Auckland.

According to a NZ Herald report, Kava’s devastated friends say another passenger also fell into the water, but was rescued, after leaning on the same barrier later in the night during a frantic search.

A full-scale search operation has been under way since police were called at 9.20pm on Saturday.