Sentencing — unlawful farming operations —Conservation Act 1987, ss 17O, 39, 43 — Tawha v Fish and Game New Zealand [2015] NZHC 1119. The defendant company pleaded guilty to one charge that it knowingly and without authority failed to comply with the Conservation Act (the Act) by carrying out an activity without a concession in a conservation area: namely farming operations for the purpose of commercial gain. Cattle stock had been herded into the conservation area and a fence was erected to contain them. This caused grazing damage to native vegetation, trampling and pugging, exotic plant transfer, damage to stream banks and watercourses, and impacts on water quality. There was disturbance of stream banks and river beds. As the company had pleaded guilty, the issue for the Court to assess was whether or not the company was liable to a fine not exceeding $300,000 and a further penalty of $20,000 for every day on which the offence continued; or whether or not the sentencing should take place under s 39(1)(a)(b)(a) of the Act where the fine does not exceed $200,000 or at $10,000 per day. As the stock were put on conservation land to feed, thus saving the company from having to purchase more feed. All the stock were pregnant and their progeny was sold. The judge found the purpose of the breach was commercial gain. It did not matter if the commercial gain was indirect. A starting point of a fine of $45,000 was adopted. Mitigating factors included that the company had no previous convictions, had co-operated with the investigation and removal of stock, paid the Department's costs, showed genuine remorse and voluntarily offered payment to help restore the land. A fine of $27,250 was given. An additional fine was ordered of $1800 per day ($25,200 total) of offending. The defendant company was fined a total of $52,450. Judgment Date: 20 February 2018.