A Dunedin minister collapsed in the dock after the court heard he, along with members of a church group, used a church van to poach 396 paua - 393 undersized - in December last year.
Samoan Methodist Churches of Samoa (Dunedin parish) minister Tualagi Polaia (51) had trouble breathing and was taken to Dunedin Hospital by ambulance midway through his sentencing in the Dunedin District Court yesterday.
Co-offender Tao Tafa Polaia (39), a meat worker of Dunedin, accompanied him to hospital. Neither man returned.
Three other offenders, meat worker Taniela Drake (42) and students Erin Uluvalu Ah-Yek (25) and Silei Matamua (29), all of Dunedin, returned to the dock 45 minutes later for the continuation of sentencing.
Judge Kevin Phillips called the poaching at Warrington Beach on December 22 ‘‘greedy'' and said the group ‘‘ignored the rules''.
Tualagi Polaia, Tao Tafa Polaia and Drake were convicted and fined a total of $1600 plus court costs for exceeding the legal daily limit of paua and possessing paua under the minimum size.
Ah-Yek and Matamua were convicted and sentenced to a total of 300 hours' community service and fined $600 plus court costs.
The pair received a harsher penalty due to a separate incident at the same beach on April 11, when they used the same church van to take another 68 paua - 66 undersized - three days after the van was released from seizure. .
Judge Phillips told the offenders to uncross their arms and take their hands out of their pockets before the sentencing.
Tualagi Polaia, Tao Tafa Polaia and Drake stood in the dock with heads bowed until the minister needed assistance, while Ah-Yek and Matamua appeared unfazed throughout.
Judge Phillips did not accept counsel Jo Turner's argument that the group intended to swim and not harvest about $4000 worth of paua.
The judge said a 16degC day combined with a low tide and the 6pm to 7.30pm timeframe did not match up with people who intended only to go swimming.
"In the vehicle were a dive mask, snorkel and two nets,'' he said. "That's what people use to get paua from a rock pool.
"I don't accept that position.''
Tualagi Polaia was equally accountable for the poaching despite not venturing on to the beach due to feeling ill, he said.
Judge Phillips felt the group "ignored, or read and disregarded'' large regulatory signs at the entrance to the beach and dismissed Ms Turner's argument the Samoan nationals were used to Samoan fishing rules.
"It has absolutely no relevance to your sentencing.
"We are not in Samoa, we are in New Zealand,'' Judge Phillips said.
He noted the group accepted responsibility for the offending and had no prior convictions, but their co-operation with fisheries officers "only went so far''.
Judge Phillips said Ah-Yek and Matamua going back to the same place and offending again, after being made aware of the regulations, showed their "intentions'' and a "total disregard for the law''.
He felt the group was generally remorseful for the offending but said Ah-Yek and Matamua, on offending a second time, were remorseful only "because you got caught''.
Home detention was a consideration but Judge Phillips said there was not enough evidence to suggest the paua was taken for the purpose of selling.
"Fish like this are an essential ingredient in the general life of the community.
"I consider that you should be thoroughly ashamed of the position you put yourself in,'' Judge Phillips said.
Ministry for Primary Industries Otago compliance manager Murray Pridham said he was "pleased'' with the sentences imposed.
The group pleaded guilty on May 4 to charges of exceeding the legal daily limit of paua and taking paua below the minimum size of 125mm. Charges against Seki Ah-Yek (18), of Dunedin, were withdrawn, as she had returned to Samoa.
Recent University of Otago research suggested harvestable-sized paua in East Otago Taiapure had decreased from 14.7% in 2008-09 to 4.1% in 2016.
The study concluded the daily bag limit of five per person had failed to prevent a decline in paua stocks.
University of Otago agriculture and fisheries senior lecturer and East Otago Taiapure committee scientific adviser Chris Hepburn warned at the time the area could be closed permanently.
"Poaching is a massive issue,'' he said.
Key points
Warrington Beach, December 22, 2015
Five people sentenced for:
•396 paua harvested - 393 undersize.
•More than 13 times the legal daily limit.
Warrington Beach, April 11, 2016
Two of same group sentenced for:
•68 paua harvested - 66 undersize.
•More than six times the daily limit.
