district court logo

Ministry for Primary Industries v Cando Fishing Ltd [2022] NZDC 4158

Published 21 April 2023

Sentencing — failing to prepare sales docket — incomplete record-keeping — failing to record weight of catch — Fisheries Act 1996, s 254 — Sentencing Act 2002, ss 7 & 8 — Fisheries (Recordkeeping) Regulations 1990, rr 17(2)(a) & 28(1)(a). The defendant company was for sentence on a charge of failing to prepare a sales docket. It had supplied another company with a quantity of paua, but had been unable to provide fisheries officers with an invoice for the sale. The officers subsequently discovered that the defendant's fishing vessel had not recorded the paua as landed and had also failed to properly record the weight of the catch. The defendant's conduct had meant that the paua could have entered the market unregulated, and also created the risk for local paua stocks to be over-fished. The start point for sentence was a fine of $3500, uplifted by $1000 for previous similar offending. The defendant was allowed a reduction for its guilty plea, for a final fine of $3750. Judgment Date: 10 March 2022.