A Kaikoura man has been convicted of altering a Maori customary fishing permit in what is believed to be the first prosecution of its type.
Robert Allan Garbes appeared in Kaikoura District Court on June 25 this year for a defended hearing over a breach of the South Island customary fishingregulations.
Part way through the hearing Garbes pleaded guilty to the charge, but Judge Stephen Erber suppressed the facts of the case until last Friday because they were similar to another case that was the subject of a defended hearing.
Garbes, a tangatiaki (food guardian), was charged with altering a customary fishing permit for Leslie John Wade on June 28 last year at Clarence, after Mr Wade was caught with 90kg of paua.
Speaking at the defended hearing, Ministry of Fisheries senior prosecutor Mark Dollimore said he was concerned the alleged paua poaching by Mr Wade was trying to be legalised through the altering of a permit.
He told the court Garbes had issued a permit in early June 2003 to allow Mr Wade to take crayfish, then on June 24, 2003, he had issued another permit for paua.
On June 25, Mr Wade was apprehended by fisheries officers with the paua.
On June 28, he went to Garbes, who altered the permit. Mr Wade then presented the permit to a fisheries officer. Mr Wade was later fined $5000, Mr Dollimore said.
Garbes had thought it was strange that Mr Wade came back for extra permits, he said.
Garbes told the court that when he issued customary fishing permits it was with good intentions.
"Mr Wade put it across you, and was economical with the truth," Judge Erber said.
"Going by the evidence, that looks like the case," Garbes replied.
