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Ministry for Primary Industries v Vakai [2021] NZDC 2725

Published 08 June 2022

Sentencing — possession of mussels in excess of the daily limit — Fisheries Act 1996, ss 255C(2) & 257(1)(d). The defendant appeared for sentence on a charge of possessing mussels in excess of the daily limit. He had been caught with 71 mussels, more than twice the daily limit of 25, and admitted that he was aware that he was offending. The defendant had a history of committing fisheries offences, meaning he would now be subject to a disqualification order. The Court disqualified the defendant for three years from holding any licence, approval, permission or fishing permit, and from engaging in fishing or any activity associated with the taking of fish or other marine life. Further, the property that the defendant had used in the commission of the offence (diving equipment) was forfeited to the Crown. Finally, the Court imposed a sentence of 100 hours' community work. Judgment Date: 12 February 2021.