Sentencing — failing to comply with a notice of direction — failing to comply with Plan — marine pest — Biosecurity Act 1993 — Fiordland Management Act 2005 — Machinery Movers v Auckland Regional Council (1993) 1A ELRNZ 411, [1994] 1 NZLR 492, (1993) 2 NZRMA 661. The defendant appeared for sentence on three charges under the Biosecurity Act. He had sailed into a protected marine area in Fiordland while his yacht had Undaria, an invasive seaweed, growing on the hull. Inspectors from the prosecuting Council found the Undaria and subsequently directed the defendant to remove his yacht from the protected area. The defendant then failed to do so within the required timeframe. He left his yacht in the protected area for some 10 days after the deadline for removal had expired. The Court observed that there were no guideline cases as this was the first prosecution of its kind. The offending was not deliberate but was highly careless. Based on the summary of facts, the defendant had known that there was Undaria on his yacht when he entered the protected waters. The Court found failing to comply with the Council's order to be the lead offence, and set a start point for fine of $8000, uplifted by $1000 on each of the other two charges. The defendant got reductions for guilty plea, remorse, otherwise good character, and earlier unsuccessful attempts to comply with the Council order. The final sentence was a fine of $5400. Judgment Date: 20 July 2022.