P¯aua poacher fails to avoid conviction

A woman who was party to one of the biggest pa¯ ua busts in recent years has failed in her bid to avoid a conviction.

Aroha Thompson appeared in New Plymouth District Court on two charges under the Fisheries Act relating to an illegal haul of pa¯ua – which saw 736 taken, 703 of which were undersized – in Taranaki on October 9, 2018.

Thompson had previously admitted her involvement and was the fourth and final defendant to be sentenced in the matter.

While the other three were given community work sentences, she sought a discharge without conviction.

Defence lawyer Julian Hannam argued the consequences of a conviction were out of all proportion to the gravity of the offending. He said Thompson, who has no criminal history, was the least involved and had only collected up to 30 of the pa¯ ua.

It was her first time gathering pa¯ ua and she believed it was being done lawfully as her co-offender, Desmond Bidois, claimed to have a permit to collect for a family unveiling. However, no such paperwork existed.

The group’s vehicle was stopped at a checkpoint in Okato and Bidois told fisheries officers that they had not been gathering seafood. But officers found four bags containing their haul in the vehicle’s boot.

Thompson, a business owner, was embarrassed, remorseful and concerned a conviction would negatively impact future business dealings.

‘‘She had not set out to collect over 700 undersized pa¯ ua. That was most certainly not her intention,’’ Hannam said.

‘‘Unfortunately that is what she has become involved in.’’

Crown prosecutor Jacob Bourke, on behalf of the Ministry for Primary Industries (MPI), opposed the application. He said the gathering had been a joint operation and each person was liable for the amount taken.

Judge Gregory Hikaka ruled Thompson’s

involvement was as serious as her co-offenders’.

‘‘It will take years for the fishery resource to recover from the sheer number of pa¯ ua that were taken by you and your co-offenders.’’

He declined Thompson’s application for a discharge without conviction and sentenced her to 200 hours’ community work.

Following Friday’s hearing, MPI Regional Fisheries Compliance manager Western North Island, Andre Espinoza, welcomed the outcome of all offenders. It was one of the largest cases of pa¯ ua poaching in terms of numbers taken in recent years, he said in an emailed statement.

It equated to nearly 18 times the legal daily limit for each individual member of the group, and it undermined and abused legitimate tangata whenua customary fishing rights, he said.

‘‘We are pleased with today’s outcome and believe it sends a strong message to anyone who intends to steal precious kaimoana.’’