Farm owner and raw milk producer Paul Ashton (right) keeps going after hefty fine in court. Photo / Local Focus
Farm owner and raw milk producer Paul Ashton (right) keeps going after hefty fine in court. Photo / Local Focus
Raw milk producer and Central Hawke's Bay farmer Paul Ashton is pledging to work with the Ministry for Primary Industries to sort out production and market issues which were targeted in a prosecution which resulted in a $27,500 fine last week.
The fine was imposed in Palmerston North District Courtafter Ashton pleaded guilty to one charge of failing to comply with raw milk regulations and one of failing to comply with a notice of direction.
Ashton, who with wife Christine operates Lindsay Farms, near Waipukurau, was one of nine suppliers prosecuted by MPI in events and inquiries dating back to the introduction of new regulations for the fast-growing raw milk market in 2016.
The judge took into account the openness and Ashton's lack of attempt to hide anything he was doing in establishing and operating a limited partnership where raw milk was provided only to registered partners under the limited partnership.
He was told they operated to a very high standard with regular testing, and some testing going beyond the testing requirements required under the regulations.
Lindsay Farms was one of nine suppliers prosecuted by MPI in events and inquiries dating back to the introduction of new regulations for the fast-growing raw milk market in 2016. Photo / NZME
Ashton said standards have to be high to protect from the possibility of contamination, and the operation had developed systems of tracking to ensure the milk is as safe as it can possibly be.
"We also consume the milk that we now sell as being RCS operators," he said. "We believe in our product and the hundreds of customers who provided references and messages of support also believe in our product, and have experienced the health benefits."
The court heard that the ministry was advised by Ashton in 2017 and 2019 that he would register as an operator if MPI could help resolve its issues over Lindsay Farms transport and collection points allowing for the distribution of raw under the regulations.
Ashton told Hawke's Bay Today he's pleased the prosecutions have been resolved, but feels the MPI could have "acted more professionally and proactively in bringing its concerns to a head earlier."
"We did what we were told to do," he said. "We thought we were operating legally. We engaged with MPI. MPI knew about the problems with their regulations and they still prosecuted us. How is that fair?"
Lawyer Stuart Gloyn, who represented both Ashton and Sproull, said the costs of arguing the validity of the limited partnership in the High Court would have been expensive.
"MPI recognised this and didn't want to push that button due to the expense," he said. "It is disappointing that MPI didn't use its education arm better rather than focussing on using its heavy compliance arm," Gloyn said.
"MPI knew about the problem with the regulations in 2014 through the voice of Federated Farmers," he said. "MPI knew about the limited partnerships and knew how my clients were operating their partnerships in 2017. MPI had full disclosure."
