Sentencing — contravening Fisheries Act for benefit — breaches of customary fishing permits — customary harvesting — falsified customary permits — illegal sales — crayfish — Sentencing Act 2002, s 27 — Fisheries Act 1996, ss 254, 255D & 255E — Fisheries (Kaimoana Customary Fishing) Regulations 1998 — MPI v Cooper [2020] NZCR 125 — Tapsell v R [2014] NZCA 122 — Hau v Ministry of Fisheries [2012] NZHC 516 — MPI v Paul [2002] NZDC 5379 — MPI v Sturtham [2018] NZDC 17008 — Paenga v Ministry of Fisheries HC Wellington CRI-2009-285-150, 4 March 2010 — Berkland v R [2022] NZSC 143 — Hastings v R [2011] NZCA 498. The defendant was for sentence on a charge of contravening the Fisheries Act for benefit. He had sold 4664 crayfish illegally. The defendant caught the crayfish himself. In doing so he had breached daily catch limits, and had fraudulently obtained customary fishing permits by falsely stating that the crayfish were for hui or tangi. The defendant gained $64,690 from his offending, by on-selling the crayfish to supply a black market. Several organisations had provided victim impact statements that established how the offending had damaged the integrity of the customary fishing permit system. The Court also considered a comment from a High Court judgment that offending of this type was the "theft of a national resource." The start point for sentence was four years two months' imprisonment. In mitigation the defendant had a disadvantaged upbringing, suffered from poor health, was of somewhat good prior character, showed remorse and had pleaded guilty. The final sentence was two years, two and a half months' imprisonment. The Court also ordered the forfeiture of various vehicles, electronic devices and pieces of fishing gear that the defendant had used in the offending. Judgment Date: 23 August 2023