Published 02 October 2018
Making false statement in application to register a commercial fishing vessel — false declaration of flag of a vessel — false international call sign — flag country — strict liability — commercial fishing vessel — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93,095 Minister of Fisheries v Antons Trawling Company Limited [2006] DCR 833 — Fisheries Act 1996. The defendant appeared for sentencing on charges relating to making false statements when applying to register a commercial fishing vessel. The defendant had erroneously declared the flag country of the vessel as being flagged to New Zealand when it was actually flagged to Australia. The defendant also gave a false international call sign. The charges were strict liability offences and the court found that there was no nefarious or deceitful intent nor any commercial gain, however, the court noted that as a consequence of the forms being filled out incorrectly the Navy and the Air Force had been deployed. The court further noted that a fine was appropriate given the strict liability nature of the offending to deter both the offender and other operators in the commercial fishing industry from making errors where it is incumbent upon them to get it right. The defendant was given credit for entering guilty pleas early and for co-operating with the authorities. The defendant was fined $1,500 on each charge resulting in a total fine of $4,500.
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