MPI successfully appeals court ruling on Northland farmer

Northland beef farmer Kevin McConnell was ordered to pay a fine of $15,000 for breaches of the NAIT.

The Ministry for Primary Industries (MPI) has successfully appealed a court ruling that a fine of $500 imposed on a Northland beef farmer for failing to register his animals was manifestly inadequate.

As a result, the High Court has ordered Kevin McConnell to pay $15,000 following his conviction in the Whangārei District Court last year on two charges under the National Animal Identification and Tracing Act (NAIT) 2012.

McConnell, 73, has about 300 hectares of land and largely breeds his own cattle in Mangapai.

The first charge related to eight movements of 117 cattle from his farm to the meat works between May and June last year. The second charge was in respect of his failure to register 400 cattle.

He was convicted and discharged on the first charge and fined $500 on the other charge.

The NAIT was established to identify and track individuals and groups of cattle and deer from birth, death, or live export.

The maximum penalty for offending under the NAIT was increased from $10,000 to $100,000 in 2019, following an outbreak of mycoplasma bovis.

McConnell received a reminder notice from NAIT Ltd in May 2019 and a warning letter from the MPI after he moved unregistered animals from his farm.

Further infringement notices were issued in relation to three groups of unregistered cattle being moved from his farm and these went unheeded. Additional breaches were recorded by MPI.

After his conviction and fine, the MPI submitted a memorandum in the District Court to correct his sentencing on the basis that Judge Greg Davis erred in entering convictions, as the offences did not carry convictions.

Judge Davis acknowledged the errors and set them aside but declined to alter the fine.

McConnell said his animals were bred on the farm and were only ever moved to the meat works. He was not obliged to register their movements and thought compliance would be achieved when the meat works did so. He sent a truck to the meat works that contained his cattle only so they did not come into contact with other animals en route, he said.

At appeal, Justice Anne Hinton said although the biosecurity risk from his breaches was relatively low, McConnell was on notice, having received a warning letter and six infringement fines in the past.

“It is reasonable to expect that he should have taken steps to complete registration or reach out to NAIT for further information on how to fulfil his obligations if he was unsure,” Justice Hinton said.