Published 15 February 2019
Fisheries — under-reporting of catch — Fisheries Act 1996, ss 230(1)(b), 254 — Novoselic v Ministry of Fisheries HC Christchurch, 2 April 2008. The defendant was a commercial fisherman, and faced sentence on three charges of making a false statement about his monthly catch totals. In total he had not reported 931 kilograms of catch, which had a market value of $4139.74. The court pointed out that offending of this kind undermines the integrity of New Zealand's quota management system and jeopardises the sustainability of our fisheries. Therefore courts must consider deterrence in setting sentences for these offences, especially given that the system relies on fishing companies to report their catch accurately and truthfully. However the prosecutor accepted that the defendant had not gained significantly from his under-reporting, and also that the under-reporting was the result of error rather than being deliberate. However the court found that, unlike in some comparable cases, the error was the responsibility of the defendant. The defendant was not a first-time offender either, having faced several charges between 2000 and 2012. The court imposed a fine of $1500 for each charge, and also made a forfeiture order to the prosecutor over the defendant's fishing vessel. Judgment Date: 21 February 2018.
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