Amaltal Fishing Co Ltd v MPI – High Court decision

Amaltal Fishing Co Ltd (“Amaltal”), appealed its March 2021 conviction for taking marine life from the Hikurangi Marine Reserve for commercial purposes without lawful authority or reasonable excuse in breach of the Marine Reserves Act.

Amaltal was charged with the offence along with Mr Darryle Saunders who was, at the relevant time (17 March 2019) the master of the Amaltal Mariner. The vessel entered the reserve and fishing for 12 minutes whilst under the command of Mr Saunders, despite having clear instructions not to fish in closed areas. The vessel covered approximately 1100 metres and caught 104 kgs of fish valued at $489. His instructions included a direction that he should ensure that he was fully aware of the areas that he was fishing in and not to fish in closed areas. Mr Saunders maintained that he was unaware that the vessel was in the Hikurangi Marine Reserve. On 27 March 2020 he pleaded guilty to the offence and was convicted and sentenced to a fine of $15,525. That conviction was not appealed.

In finding Amaltal guilty of the offence, in the District Court Judge Reilly held that Mr Saunders acted as an agent for Amaltal at the relevant time, and therefore that his actions could be attributed to Amaltal for the purpose of Amaltal’s conviction. Amaltal was fined $25,875.00 and appealed its conviction to the High Court. Amaltal argued that whilst Amaltal held the fishing permit, Mr Saunders’ unlawful actions should and could not be attributed to Amaltal.

In a closely reasoned 48-page judgement published on 31 August 2021, High Court judge Grice found that at the time of the offending, Mr Saunders was not acting as Amaltal or as Amaltal’s agent at the time that he inadvertently fished in the Marine Reserve, and as such his actions could not be attributed to Amaltal. Judge Grice set aside the conviction of Amaltal and ordered the fine to be repaid.