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Ministry for Primary Industries v Khan [2020] NZDC 4695

Published 27 April 2022

Sentencing — selling unauthorised goods — intentional mislabelling of goods — risk of importing pathogens — hilsa fish — cholera — salmonella — MPI v NP Trading Limited Auckland DC CRI-2015-004-008902, 13 November 2015 — MPI v Ye Auckland DC CRI-2015-004-004119, 18 August 2014 — Biosecurity Act 1993. Two defendants appeared for sentence on charges of selling unauthorised goods, an offence under the Biosecurity Act. The first defendant and his company had sold hilsa fish from Myanmar, which are unauthorised goods because of the pathogens that they commonly carry. The fish had falsely been declared as Indian sardines when they were imported into the country. As the offending was commercially driven, the Court needed to set a fine high enough to act as a deterrent to this type of offending. The Court set a start point for fine of $15,000 on both charges, reduced in each case to $10,000 in recognition of guilty plea, lack of prior offending and cooperation with the investigation. Judgment Date: 15 January 2020.