Pa¯ua poacher says laws do not apply

A man claimed he was ‘‘independent of the laws of New Zealand’’ when caught with excess and undersized pa¯ ua in a ma¯ taitai reserve, the Timaru District Court heard yesterday.

Patrick William Hikurangi

Tuira, 33, of Timaru, who was sentenced to 40 hours of community service by Judge Joanna Maze, previously pleaded guilty to two charges of resisting a fishery officer, two charges of taking excess pa¯ ua within a ma¯ taitai reserve, and two charges of taking undersized shellfish. The Fisheries Act charges were brought by the Ministry for Primary Industries with the offending occurring on January 16, 2020, and July 5, 2020, when Tuira and a group of associates travelled to a reef area at Mutu Mutu Point, also known as Jacks Point, south of Timaru.

The area is a ma¯taitai reserve with a daily limit of three pa¯ ua per person, and a minimum size limit of 125 millimetres. ‘‘The defendant and his associates were observed by a fishery officer gathering pa¯ ua,’’ the summary of facts said.

Tuira and his associates were then subject to a routine inspection by the fishery officer in the carpark at Scarborough Rd when they returned to their vehicle. ‘‘One of the defendant’s associates became unco-operative. The defendant encouraged his associates to ‘take off’. The defendant ignored the direction to remain given by the fishery officer and made an attempt to grab the drawstring bag containing the pa¯ua.’’ The bag contained 13 pa¯ ua, all under the size limit.

On July 5, 2020, Tuira and some associates again went to Mutu Mutu Point. ‘‘While on the reef, the defendant gathered nine ordinary blackfoot pa¯ ua. The defendant was advised by the fishery officer that he was required to comply with any reasonable direction given that would allow the fishery officer to carry out his job.’’ Tuira drove off but was stopped by police in Timaru. His bag of pa¯ ua were under the minimum legal size limit.

When interviewed, Tuira said he did not know the minimum size for pa¯ ua and claimed he was ‘‘independent of the laws of New Zealand’’.

Crown prosecutor Rob McDonald submitted a fine of $4000 for the two incidents should be considered as a starting point.

However, Judge Maze agreed with defence counsel Tim Jackson that it would be difficult for Tuira to pay a fine as his work was intermittent and he already had significant outgoing costs, including rent and child support.

‘‘His outgoings exceed his income by about $100 a week.

‘‘Plainly, putting further pressure on him is only going to impact his child support payments.’’

Judge Maze said she recognised the need for a deterrent sentence, particularly with the national concern about the declining state of the country’s fisheries due to overfishing and climate change.

‘‘While the numbers [Tuira caught] are in excess, it is certainly not at a blackmarket level,’’ Judge Maze said.

‘‘The wrongdoing is to the local iwi rather than anyone else.’’

Judge Maze also noted it was a shame restorative justice did not appear to have been pursued.