Sentencing — taking marine life from marine reserve — bottom trawling — attribution of actus reus and mens rea — Marine Reserves Act 1971, ss 18I(1) & 18J — Kaikōura Te Tai o Marokura Marine Management Act 2014, sch 2 — Fisheries (Benthic Protection Areas) Regulations 2007 — Ministry for Primary Industries v Hasson DC Wellington CRN 12008500019-022, 27 January 2014 — Ministry for Primary Industries v Sealord Group Ltd [2020] NZDC 14793 — Ministry for Primary Industries v Walker [2021] NZDC 3019 — Department of Conservation v Phillipson DC Nelson CRI-2006-006-000235, 16 September 2011. The defendant company appeared for sentence on a charge of taking marine life from a marine reserve for commercial purposes. One of the defendant's fishing boats had carried out a bottom trawl inside the boundaries of the Hikurangi Marine Reserve, taking approximately 104 kilograms of fish. The Court had previously found that the actions of the master of the fishing boat were attributable to the defendant according to the scheme of the Marine Reserves Act, reasoning that to find otherwise would undermine the integrity of the Act. In reaching a start point for fine, the Court considered the principles behind the Marine Reserves Act and the need to ensure sustainability of fisheries; the fact that fishing of all kinds is banned in marine reserves; and the fact that the offending was inadvertent. The Court further rejected the defendant's argument that its culpability was lower than that of the master of the fishing boat; responsibility for installing electronic chart plotting on the boat lay with the defendant, not with the master. The Court calculated the defendant's responsibility as being 50 per cent higher than that of the master and set a start point for fine of $34,500. With discounts for good history, cooperation with investigation, and remedial steps taken, the final fine was $25,875. Judgment Date: 9 March 2021.