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Ministry for Primary Industries v Hayward [2021] NZDC 1978

Published 08 June 2022

Formal proof hearing — infringement notices — contravention of Fisheries Regulations — using a pot not marked in prescribed manner — undersized fish — butterfish — crayfish — Fisheries Act 1996 — New Zealand Bill of Rights Act 1990 — Fisheries (Amateur Fishing) Regulations 2013, regs 18 & 44. The Ministry for Primary Industries had issued two infringement notices to the defendant for contravening the Fisheries Regulations. It was alleged that the defendant had taken undersized butterfish and used an inadequately marked crayfish pot. The defendant filed a notice disputing the two infringement notices, but made no appearance at the hearing. The Judge considered evidence from two Fisheries Officers and determined that both charges were proven. On each charge the Court imposed an infringement fee of $250 and made an order for the destruction or forfeiture of the crayfish pot. Judgment Date: 28 January 2021.