Published 04 April 2022
Sentencing — commercial fishing in marine reserve — Marine Reserves Act 1971, s 18J — Ministry of Fisheries v Alfred Fishing Limited & Phillipson DC Nelson CRI-2008-042-001047, 14 May 2009 — Department of Conservation v Wallace [2017] NZDC 28603 — Ministry for Primary Industries v Amaltal Fishing Co Ltd [2020] NZDC 22506 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607. The defendant appeared for sentence, having pleaded guilty to a charge of, without lawful authority or reasonable excuse, commercially fishing in a marine reserve. The maximum penalty was a fine not exceeding $250,000 and/or three months' imprisonment. It was a strict liability offence. The Court accepted that the offending was unintentional given that the defendant had GPR and ER equipment installed on the vessel. The Court set a starting point for fine of $20,000, which was in line with similar cases. A full 25 per cent discount was awarded for a guilty plea, as well as a further reduction for background circumstances, resulting in a final fine of $13,500. Pursuant to s 18J of the Marine Reserves Act the defendant was also required to pay the Department of Conservation the full market value of the substance removed. The full market value of the fish was assessed at $3,210. Court costs of $130 were also ordered, but there was no order made for forfeiture. Judgment Date: 9 December 2020.
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