Conviction for illegal fishing upheld

A man caught illegal fishing in the Fiordland National Park with two others has lost an appeal against his conviction and sentence.

Allan Rickard was charged with fishing native animals, namely whitebait, in the park and being in possession of a fishing net on October 31, 2017.

All three men were found guilty at trial and ordered to pay a $5625 fine, $1150 Department of Conservation costs and $130 court costs each.

Rickard appealed both the conviction and sentence and was represented by lawyer Alan Tobeck in the

High Court in Invercargill before Justice Rob Osborne on

March 2.

At trial, the defendants alternatively argued that the Waitutu lands constituted a ‘‘coastal marine area’’ and was therefore outside the park.

Then finally the defence argued the lands were not validly incorporated into the national park.

DOC lawyer Peni Williams’ arguments for the conviction being upheld included; the national park boundary was certified by plans, the statutory procedures for adding land to the national park were correctly followed and the classification as coastal marine area does not affect the administration of the land as national park.

Justice Osborne dismissed the appeal against conviction and said if there had been clear evidence Rickard knew he was fishing within the national park, the department could have laid more serious charges.

The trial judge recorded the fact that when Rickard was spoken to shortly after the offending, he produced an email from NIWA dated October 3, 2017 setting out the definition of ‘‘coastal marine area’’ as contained in the Resource Management Act 1991.

As the trial Judge Stephen Harrop noted, there was no evidence Rickard took any other steps to support his assertion he was not fishing in the park, Justice Osborne said.

Justice Osborne dismissed the appeal and said the 25 per cent discount for good character, which bought the fine down to $5625, was generous.