Wine exporter admits arranging falsified papers
AUCKLAND: A New Zealand businesswoman has been convicted and fined for faking wine export papers to the European Union, a crime that a judge and winegrowers say may damage the industry’s reputation.
Joyce Mary Frances Austin (55) was sentenced yesterday in the Auckland District Court by Judge Evangelos Thomas following an investigation by the Ministry for Primary Industries (MPI).
The Kohimarama woman, who operates New Zealand Boutique Wines Ltd (Boutique Wines), earlier pleaded guilty to procuring wineries to falsify wine export applications for 44.5 cases of wine to be used as samples at sales events and for promotions in the Republic of Ireland.
Her offending, which breaches the Wine Act 2003, took place between March 2013 and May 2014.
The wine had a retail value of about $1450.
‘‘What needs to be taken into account is harm to the industry,’’ Judge Thomas said.
‘‘It takes very little for there to be harm to the industry and harm to reputation.’’
Austin’s lawyer, Honor Ford, said noone had done more for New Zealand wine in the Irish market than her client.
The offending was a ‘‘source of embarrassment’’ for Austin, who wished to continue to develop Boutique Wines in the EU market.
Ms Ford said Austin wanted to take responsibility for her actions but publicity of her offending had already seen a reduction in her work.
The basic and necessary regulations were there for Kiwi winemakers to continue to enjoy the lucrative European market, Judge Thomas said.
‘‘It will be the producers who pay the price,’’ he said of the breaches.
‘‘It is critical to the reputation of the wine industry overseas . . . that exporters meet those minimum and necessary requirements.’’
The judge concluded Austin’s offending was premeditated and ‘‘quite cynical’’.
The businesswoman expressed a desire to quickly complete the export shipments but showed ‘‘disdain’’ and frustration at the need to go through the various requirements, he said.
Despite an application by Austin for a discharge without conviction to allow her to continue to travel and work freely overseas, Judge Thomas said the punishment of a conviction did not outweigh the gravity of her offending.
‘‘I must refuse your application and you are convicted,’’ he said, while also fining her $6000.
The names of the five New Zealand wineries caught up in Austin’s offending have been suppressed, three of them permanently, by Judge Thomas.
MPI was not convinced it was in the public interest for the wineries to be charged, the court heard.
A letter from the New Zealand Winegrowers’ Association was also read — in part — to the court.
‘‘We do not anticipate that news of the sentencing will have a direct impact [on the industry],’’ it said.
The winegrowers felt Austin’s offending was a ‘‘onebusiness fraud’’ and would be quickly forgotten.
New Zealand Winegrowers said in a statement it was extremely disappointed by the actions of Austin, which were ‘‘potentially damaging to the wine industry’s premium reputation’’.
‘‘New Zealand Winegrowers takes any alleged breaches of the Wine Act incredibly seriously, and we welcome the prosecution by MPI.’’
MPI’s manager of compliance and investigations, Gary Orr, said in a statement while the volume of wine was not large, Austin’s offending was significant.
‘‘The wineries involved received formal warnings from MPI as it was determined that they had, until that point, been compliant and were acting on professional advice from Joyce Austin, who misled them over the legality of what she was asking them to do,’’ he said.
The fifth winery was not warned but, for legal reasons, MPI was unable to comment further, Mr Orr said. — NZME
❛ It is critical to the reputation of the wine industry overseas . . . that
exporters meet those minimum and necessary
requirement
Judge Evangelos Thomas