The Waitaki District Council learned earlier this month it was in breach of its consent for the breakwater in Oamaru Harbour if it allowed public access to the 1872 Heritage New Zealand category 1 structure.
Council property manager Renee Julius said the council would be complying with the consent condition.
"How are you going to restrict access to the breakwater if you allow access to the beach? People are just going to ignore you," Mrs Julius said.
Waitaki Mayor Gary Kircher said to this point elected officials had not had "any involvement in that discussion".
"I think councillors and I will want to discuss with staff how - if we have to exclude access to the breakwater - is there any way we can do that and still allow access to the beach?"
It would not be easy to only exclude access to the breakwater, "but it would be good to allow access to the beach at this stage".
"It's a problem: the best result is to push for at least limited access to the breakwater during daylight.
"It's a popular spot and as long as people are using it responsibly, and safely, and are being respectful of the wildlife that are there, it's a great facility to have open.
In 2016, after public pressure, the council agreed to keep the gates on to the beach at the end of the breakwater unlocked around the clock, but in 2017, after large crowds assembled at night to view penguins returning to the Oamaru Blue Penguin Colony, the gates were locked from dusk to dawn.
