On April 4, 2024, the MPI issued a Chief Executive Privileged Statement under Section 289 of the act, warning consumers about OFB raw fruit juices.
At the time, New Zealand Food Safety deputy director-general Vincent Arbuckle said the company was not registered under the Food Act, so consumers could not be certain risks were properly identified and managed.
An archived version of the company website from 2025 offers “commercial citrus juice deliveries” for “Pure 100% NZ Grown Fruit Juices”.
The website said the juice would “minimise sickness”.
A notice on the New Zealand Companies Office website said the Registrar of Companies had initiated action to remove OFB from the register.
A judge-alone trial began on Tuesday with witnesses from MPI appearing for the prosecution.
Opening the proceedings today was testimony from MPI director of food risk management Jenny Bishop, appearing as a witness for the prosecution.
She said the MPI food recall system reflected international best practice.
A recall followed risk assessment to determine the food safety concern and was not just for non-compliance.
The majority of food recalls were done with the agreement of the business involved.
Bishop said the act allowed MPI to take into account when the risk was unknown or in doubt. For example, if a business did not register as a food business or comply with regulations.
“Without that registration and oversight, they are unlikely to have the necessary controls in place,” Bishop said.
“Businesses are required to have a recall procedure in place.”
A notice of direction was given to OFB directing the business to recall its product. When this was not followed, Bishop decided to direct a recall based on the lack of registration and evidence of ongoing sales.
Opening her cross-examination of Bishop, Tatana said: “Not all people follow the rules under King Charles.
“What jurisdiction do you have over people who follow God’s law?”
After further questioning, Bishop said MPI had received complaints about OFB’s product. Tatana said she had not seen those complaints and requested copies of them before Judge Nepe told her the questions were for cross-examination, not to receive information.
Bishop said the MPI measures were about prevention and proactive measures rather than waiting for cases of harm from a product.
“Food safety is a serious concern and we have a problem with significant underreporting [of food safety issues] in NZ.”
Tatana asked a series of questions about God and free will, prompting Judge Nepe to interject several times saying they were not relevant.
Tatana told Judge Nepe to “keep up the s*** work” in response.
Tatana then told Bishop she would charge her for the seizure of her fruit juice, which she claimed was worth $36,000.
“That is a threat to a witness,” Judge Nepe said. “You are not to threaten witnesses.”
Two people who had bought juice, a Wairoa food truck owner and a Gisborne police custody officer, were called to the stand.
They confirmed they had bought the product from Tatana after she approached them and they sampled it.
During cross-examination, Tatana asked both if they got sick from drinking the juice. Both answered no.
The final crown witness was MPI’s principal food compliance officer.
He said there was no evidence of OFB being registered.
During cross-examination, Tatana asked more than once what had happened to her “stolen” product seized by MPI.
“According to the Bible, you owe me four times what you stole. I’d like four times $36,000.
“How many businesses of a godly nature that operate on common sense are you investigating?”
Crown prosecutor Riki Donnelly had offered assistance with reaching witnesses requested by Tatana.
Those witnesses included, but were not limited to, the police area commander, East Coast MP Dana Kirkpatrick and Food Safety Minister Andrew Hoggard.
Donnelly indicated he had attempted to reach out to Kirkpatrick’s office but said she was out of town.
He questioned how the witnesses could be relevant to the case. Judge Nepe agreed their relevance to the charges was not clear.
Tatana chose to give evidence herself. On the stand, she said she would charge the Crown with “a starting point of $134 trillion”.
“The Crown is null and void and has no jurisdiction over the people of Aotearoa.”
She told Judge Nepe she had committed treason.
During questions from Donnelly, Tatana said she was the sole owner of OFB, had continued selling the juice until December last year and intended to continue selling it.
“God is my boss, not MPI.”
Judge Nepe reserved her decision.
