Menzies Aviation Limited has been ordered to pay $150,000 for Biosecurity Act breaches.
The Ministry for Primary Industries (MPI) said the case related to potential pest escape risk.
Menzies today said it had already made relevant changes.
MPI said Menzies operated two transitional facilities at Auckland Airport for imported airfreight, containers and packaging.
The ministry said it told Menzies to ensure goods were wrapped in plastic, with no gaps or holes, to prevent any potential unwanted pests from escaping.
“It’s at these facilities that uncleared risk goods go through the necessary biosecurity clearance,” MPI said.
MPI regional manager Aleshea Allen said quarantine officers found six consignments of uncleared risk goods improperly wrapped.
“In addition, senior quarantine officers found the inspection room and facilities did not meet hygiene standards and were unfit for purpose.”
Allen said that created a potential biosecurity risk at the border.
MPI said there was no biosecurity equipment present to deal with risks and no records available to document cleaning of the room and staff training.
“Our expectation is that all companies that handle imported goods meet the requirements of the Biosecurity Act,” MPI added.
“The rules are there for a reason and the stakes are high as unwanted pests and diseases could have a devastating effect on our communities and economy,” Allen said.
The High Court at Auckland penalised Menzies for failing to comply with the MPI compliance order.
Paul Hallett, Biosecurity New Zealand manager for implementation and approvals, said air cargo was often associated with flying pests such as exotic mosquitoes.
“Air cargo can also carry hitchhiker pests such as the brown marmorated stink bug, which poses a serious threat to New Zealand’s horticulture industry."
He added: “Other high-risk hitchhikers that have been found in air containers include invasive ants and moth species, such as spongy moth, which feeds on a wide range of trees.”
In his judgment, Justice Grant Powell said the parties agreed that Menzies failed to comply with the order in 2021.
As a result of the breach, MPI brought two criminal charges against the company.
The charges were withdrawn in 2023 and a penalty hearing was sought.
“This is the first time a pecuniary penalty has been sought under the Act,” Justice Powell said.
The penalty hearing went ahead last year.
MPI said Menzies had received multiple corrective action reports in the preceding years.
The court heard Menzies’ non-compliance was not deliberate.
And there was no evidence any biohazards entered New Zealand as a result of the non-compliance.
Menzies also accepted responsibility at the first opportunity and had taken steps to improve its processes.
“I am satisfied Menzies Aviation has taken significant steps to ensure the issues that have led to the present pecuniary penalties will not happen again,” Justice Powell said.
A Menzies Aviation spokesperson said the company was keenly aware of the importance of biosecurity to New Zealand.
“The High Court of Auckland has ruled that some of our procedures and protocols four years ago, when we were understaffed coming out of Covid, did not comply with the regulations applying to our operations, and we respect that decision,” they told the Herald.
“Importantly, we did not wait for this court decision to make changes,” they added.
“The deficiencies identified were rectified and the importance of biosecurity is a significant part of our training for staff assigned to that area.”
John Weekes is a business journalist covering aviation. He has previously covered consumer affairs, crime, politics and courts.
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