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Home / Hawkes Bay Today

Allegations dismay fish firm boss

By Patrick O'Sullivan
Hawkes Bay Today·
27 Sep, 2014 05:00 PM3 mins to read

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FISHING: It's still business as usual, says Nino D'Esposito. PHOTO/FILE

FISHING: It's still business as usual, says Nino D'Esposito. PHOTO/FILE

Hawke's Bay Seafoods director Nino D'Esposito is "dismayed" by Ministry of Primary Industries (MPI) allegations of fishing quota illegalities against his company.

On Wednesday, the ministry led a raid on the business and the police Asset Recovery Unit "froze" eight properties and five vehicles through the High Court.

The ministry alleges the amount of fish Hawke's Bay Seafoods caught did not tally with the amount exported.

Mr D'Esposito, who was in the Chatham Islands at the time of the raid, said the company was co-operating with the investigation.

"We live in a country where you are innocent until proven guilty," he said. "We are committed to fishing and fish-farming sustainably. We look forward to having our day in court if charges are laid."

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He said it was business as usual for the company and its 150 workers.

"We are one of the largest employers in the Hawke's Bay. We are still fishing and working on meeting orders."

The company has hired high-profile public and employment law specialists Chen Palmer.

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Hawke's Bay Seafoods is a quota owner, vessel operator, processor, wholesaler, exporter and retailer.

The company leases Ngati Kahungunu's fishing quota.

Ngati Kahungunu Iwi Incorporated chairman Ngahiwi Tomoana said the lease was part of an agreement for hiring iwi laid off by another fishing company.

He was concerned about the impact of the raid on the company's workers and their whanau.

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"Hawke's Bay Seafoods have been a valuable contributor to our economy and to the welfare of our people," he said.

"We support sustainable fishing practices and we hope this matter is sorted out quickly, so our people can go into the new fishing season starting October 1 with confidence that they will have job security up to Christmas and beyond."

Wednesday's raid involved 88 staff from MPI, Customs, police, Immigration and the Ministry of Business Innovation and Employment.

Sites associated with the company were visited in Hawke's Bay, Wellington, Tauranga, Gisborne, Chatham Islands and Christchurch.

Among items allegedly unearthed was more than $24,000 in cash, found at two Havelock North addresses, and a firearm found at a private Napier address.

MPI director of compliance Dean Baigent said any assets used to commit a crime could be forfeited.

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Fishery offending was very difficult to detect, he said.

"When we do find offending of seriousness and magnitude a strong message - built into the Fisheries Act - needs to be sent due to that difficulty." Inshore fishery fines went to $250,000 per offence and with five years' jail.

He said for search warrants to be approved judges had to be shown evidence there was reasonable expectation evidence would be found.

"There are real checks and balances, we just can't act unilaterally." A "mountain of documentation" was gleaned from the raid on the company and 12 vessels of interest were to be processed "to confirm what our assumptions were and find evidence".

"This is the beginning of the end. We have still got a lot of work.

"The law of natural justice allows potential offenders to explain to us why these discrepancies may have occurred."

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Mr D'Esposito said he had not yet been interviewed.

He has past fishery convictions, including making false statements in quota reports and the illegal possession of fish with brother Hawke's Bay Seafoods director Joe.

In 1994, the Wellington District Court imposed a fine of $989,395 on them and related companies, with $10million worth of boats and vehicles forfeited.

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