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Westpac Mussels Distributors Ltd was fined $20,000 and Houhora Bay Marine Farms $10,000 after both admitted charges of illegally occupying the coastal marine area and erecting marine farming structures in Houhora Bay.

The companies were sentenced in the Auckland District Court by Judge C J Thompson in early April, with the judge’s sentencing notes released recently.

Bruce Howse, the Northland Regional Council’s Coastal Monitoring Team Leader, says the companies were prosecuted after Council measurements in July last year.

The measurements showed Westpac Mussels Distributors Ltd had exceeded its authorised marine farming areas by 13.05 hectares –70 percent more than its consent allowed for – and Houhora Bay Marine Farms had exceeded its authorised area by 2.35 hectares.

Mr Howse says both companies pleaded guilty after their own measurements confirmed Council figures showing their farms were oversized.

Sentencing the companies, Judge Thompson took into account there had been no discernable adverse effect on the environment, the fact both farms had been reduced to their permitted sizes (in February this year) and the prompt guilty pleas by both parties.

The Judge commented “in terms of general deterrence, the message needs to be sent to the industry that if farmers are found not to be complying, then the commercial consequences will be unattractive”.

Mr Howse says the judge’s decisions send a clear message to people given the privilege of using the coastal resource that they need to ensure they comply with the relevant legislation.

“Taking into account the mitigating circumstances that the judge has pointed to, the fines and convictions handed down to each party should send a clear indication that non-compliance relating to matters in the coastal marine area is considered a serious level of offending by the law.”