THIS FAIR?

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    Posted: 17 Sep 2016 at 12:56am
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why is it the Comm's can dump 100s of tonnes of fish yet no prosecution?

A recently released email shows the Ministry for Primary Industries (MPI) did not want to prosecute fish dumpers for fear it would jeopardise future operations.

Prime quota species being thrown overboard has been caught on camera by MPI. It's blatantly illegal behaviour, but MPI decided no one should end up in court.

"The way in which the decision not to prosecute over the apparent dumping of quota fish is regrettable," says MPI Director General Martyn Dunne.

"It is also very disappointing that the process was characterised by confusion and a lack of adequate documentation and communication."

The case for a prosecution was made clear in a 2013 MPI report called Operation Achilles. The purpose of the operation was to put observers and cameras on vessels to monitor dolphin by-catch.

When investigators also filmed illegal fish dumping, they recommended a prosecution.

But that never happened, and an email that has just been released explains why.

"My concern is that prosecuting these fishers where there seems to have been implied immunity could potentially scuttle this very important project," it read.

It means they feared punishing those who volunteered, which could make it difficult to get by in the future.

"This is supposed to be the agency that enforces the law and the senior managers of that agency blocked prosecution, even though they were sitting on evidence that showed flagrant, systemic fish dumping," says Greenpeace Executive Director Russel Norman.

The author of the email was MPI's Director of Fisheries, Dave Turner - but he gave Newshub a different explanation for not prosecuting in June this year.

"We couldn't prosecute because of the legislation - we couldn't use the evidence gathered by the video footage," he said at the time.

The Independent Investigator investigating the case says the decision to not prosecute was "flawed" in that the law simply wasn't enforced.

Do you have more information on this story? If so, click here to email me.
"Mfish and MPI, in my view, have not grappled effectively with aspects of the problem, and neither enforced the law or acted to change it," says Michael Heron QC.

The QC's inquiry was initiated after a Newshub investigation, which involved the public release of Operation Achilles.

MPI's own investigator stated in that report that five of six vessels monitored openly dumped fish - between "20 to 100 percent of some quota species were discarded during every haul".

Two months after that was revealed, out came two emails from MPI sent to all staff, and Scott Gallacher and Andrew Coleman had both resigned - although the boss claims that's got nothing to do with the failure to prosecute.

"It is a coincidence," says Mr Dunne.

The recreational sector says an overhaul of MPI is necessary to restore public confidence.

This review was undertaken because MPI's credibility was under attack, but the findings have done little to restore that.

Newshub.
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Post Options Post Options   Likes (0) Likes(0)   Quote Lethal Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 1:05am
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Post Options Post Options   Likes (0) Likes(0)   Quote Capt Asparagus Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 9:24am
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I totally agree, it IS wrong. The excuse given though, that it was going to ruin their chances to access boats for future monitoring, hmmmm, plausable. But it still frikken sucks.
What they need to do now is put monitors back on those ships full time, and if they do it again, nail them,and if not, but their catch record when monitored is significantly different...., then nail them again for that.
Were these NZ boats with NZ crews?
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Post Options Post Options   Likes (2) Likes(2)   Quote Tagit Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 9:44am
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What a load of Bollocks. That's like saying that if the police were voluntarily let into a gang pad they wouldn't close down the meth operation they uncovered in case they wouldn't get let into the next pad. Is that a new precedent for our legal system? If a civil servant with the role of enforcing a significant law chooses to deliberately not enforce it and effectively hide the evidence, does that constitute any sort of crime in it's own right? 

What this is really saying is that the government/MPI don't have the political motivation to force the commercial fishing industry to fish legally. The government can make legislation any time they like to attach monitoring provisions to a commercial fishing right, they just don't want to do it in any way that the industry wont approve of because the industry 'are their friends'. What the other 99% of the population who are getting ripped off need to do is give the government the political motivation to behave responsibly themselves and sort out the commercial industry. Until the government feels political pain from the rest of us, all we will get is essentially lies and spin to try and hide what is really going on.
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Post Options Post Options   Likes (0) Likes(0)   Quote Kevin.S Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 10:16am
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Originally posted by Tagit Tagit wrote:

because the industry 'are their friends'. 

I think that is something of an understatement.  When the guy running the National party has such a large stake in the fisheries industry there is a huge conflict of interests.  MPI, the government body responsible for enforcing the fishing rules have, as their main aim, increasing fish exports -another conflict of interests.  The company the government selected to operate the video monitoring of fishing vessels is owned by the fishing companies, guess what, another conflict of interests.

The whole commercial fishing industry in NZ, and how it is overseen and managed by government stinks to high heaven.  No wonder so much mud is being flung at recreational fishers at the moment, that is the fishing industry trying to deflect attention from themselves.  It's no coincidence that a report slamming recreational fishers surfaces a day or so before the results of the investigation into MPI is released.
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Post Options Post Options   Likes (0) Likes(0)   Quote v8-coupe Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 3:28pm
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Originally posted by Kevin.S Kevin.S wrote:

Originally posted by Tagit Tagit wrote:

because the industry 'are their friends'. 


I think that is something of an understatement.  When the guy running the National party has such a large stake in the fisheries industry there is a huge conflict of interests.  MPI, the government body responsible for enforcing the fishing rules have, as their main aim, increasing fish exports -another conflict of interests.  The company the government selected to operate the video monitoring of fishing vessels is owned by the fishing companies, guess what, another conflict of interests.

The whole commercial fishing industry in NZ, and how it is overseen and managed by government stinks to high heaven.  No wonder so much mud is being flung at recreational fishers at the moment, that is the fishing industry trying to deflect attention from themselves.  It's no coincidence that a report slamming recreational fishers surfaces a day or so before the results of the investigation into MPI is released.


The other thing to take into account is MPI gets a large proportion of its funding via the commercial fishing industry, Must not bite the hand that feeds you.
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Post Options Post Options   Likes (1) Likes(1)   Quote OuttaHere Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 3:43pm
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Originally posted by v8-coupe v8-coupe wrote:

The other thing to take into account is MPI gets a large proportion of its funding via the commercial fishing industry, Must not bite the hand that feeds you.


I'm inclined to disagree with this, what leads you to believe that?
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Post Options Post Options   Likes (0) Likes(0)   Quote cirrus Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 3:49pm
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The fishing industry has a purpose. Anyone buying fish will testify to that.
But when we have sections of the industry willfully breaking the law and the regulations which govern that industry,  that becomes lawlessness.
And they should be prosecuted, especially for the sake of the sections of that industry that are not breaking the same laws.

But we now find the ministry ,MPI ,who is given the task to uphold regulations have declined to do so.
That makes MPI equally as lawless. They have willfully failed. In which case MPI should also be prosecuted.

This is just another case of social breakdown and increasing lawlessness in our society.
Certainly not a good example to others, or to maintain  trust in government.

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Post Options Post Options   Likes (1) Likes(1)   Quote v8-coupe Quote  Post ReplyReply Direct Link To This Post Posted: 17 Sep 2016 at 4:59pm
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Originally posted by Rozboon Rozboon wrote:

Originally posted by v8-coupe v8-coupe wrote:

The other thing to take into account is MPI gets a large proportion of its funding via the commercial fishing industry, Must not bite the hand that feeds you.


I'm inclined to disagree with this, what leads you to believe that?


By that I mean via fees, levies and compliance costs et al
I do not mean via donations or gratuities/back handers.
I also believe there is some voluntary financial input into some MPI programs. However the bulk of commercial funding is as stated, by compliance costs and fees/levies.
I should have also included other primary industries help fund MPI as well.
Hope I have clarified things.
MPI is not fully funded by the Government. Being not fully funded and relying on outside sources of revenue leaves you vulnerable and your independance can be questioned.
Which it has been of late.
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Post Options Post Options   Likes (2) Likes(2)   Quote Lethal Quote  Post ReplyReply Direct Link To This Post Posted: 18 Sep 2016 at 2:49am
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i thought this might get you thinking as well,


The statute of limitations?
Why is it too long?
Luckily tax evasion has a longer time....
Let's chase the company who was observed landing catch in excess of quota. Identified in the uncensored report.
And ask what happened to the money from sale of that undocumented fish. And what tax was paid. And estimate revenue missed out on by ird by other undocumented catches landed.
Why hasn't this been persued by ird?
Was it a Sanfords boat?
Was Peter Goodfellow National Party Chairman and director of Sanfords aware of undocumented catch ?
Aware or obligations to the Govt itself?
We're these followed and tax paid?
What method of distribution was used to sell the undocumented catch in excess of quota?
Are all the links to retail sales guilty of receiving stolen goods?
How did they pay for undocumented catch?
So many valid and hard questions.
No answers.......
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