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Ministry of Primary Industries v Feng [2020] NZDC 19687

Published 26 May 2022

Formal proof hearing — possession of fish in contravention of Fisheries Act — pāua — Fisheries Act 1996 — Fisheries (Amateur Fishing) Regulations 2013, reg 19(1). The defendant was charged with three charges under the Fisheries Act. The matter proceeded by way of formal proof hearing, and the Judge dealt with the issue of number of pāua taken, rather than with the size of the pāua. The Judge determined that the evidence of the fisheries officers was enough to establish the elements of the offences. The Judge convicted the defendant and fined him $750 for each charge, plus court costs and solicitors costs. The Judge also ordered forfeiture of items listed in the summary of facts prepared by the Ministry. Judgment Date: 24 September 2020.