Ministry for Primary Industries v Yealands Estate Wines Limited [2018] NZDC 25519

Published 16 April 2019

Sentencing — Wine Act 2003, ss 97 & 108 — MPI prosecution — exporting — liability of directors and managers — Fisheries Act 1996, s 246 — Sentencing Act 2002, s 40 — Wine (Specifications) Notice 2006 — Wine Overseas Market Access Requirements European Union Notice. The defendants appeared for sentencing having pleaded guilty to charges relating to historic offending under s 97 of the Wine Act. The offending involved the addition of sucrose to some wine after fermentation had ended. The wine was intended for exportation to the European Union which did not allow this practice. Export eligibility applications were made stating that the wine complied with European Union market access requirements when it did not. The Judge identified the aggravating features of the offending and set a global starting point at 20 percent of the maximum penalty for each of the export eligibility charges. Accounting for personal mitigating factors, guilty pleas, and the financial capacity of the defendants, the end fine totalled $500,000, allocated as follows: Yealands Estate Wines Ltd, $400,000; Jeffrey Fyfe, $35,000; Tamra Kelly, $35,000; Peter Yealands, $30,000. Judgment Date: 11 December 2018.