Source: Radio New Zealand
Company director Ben Winters appeared at sentencing in the Christchurch District Court on Wednesday. LouisDunham
A South Island mussel farming company that unlawfully moved hundreds of tonnes of live shellfish from a parasite-infected zone has been ordered to pay $24,000 for Biosecurity Act breaches.
Aroma Aquaculture moved 259 tonnes of green-lipped mussels from its Marlborough Sounds farm down to Ōtautahi, on their way to export, risking transmission of an oyster-killing parasitic disease.
The family-owned company with operations in Marlborough and Canterbury moved the volumes over 27 instances during a 10-month period in 2024, without permits, prompting an investigation by the Ministry for Primary Industries (MPI) into the consignments.
Green-lipped mussels (file image). 123RF
Restrictions were in place in the zone under a controlled area notice due to deadly oyster disease Bonamia ostreae, that mussels can transmit.
The company farmed mussels for live sale and processing into neutraceutical products too.
Company director Ben Winters appeared at sentencing in the Christchurch District Court on Wednesday.
The company’s lawyer said its errors were not deliberate, but were instead mistaken assumptions about the appropriate permits.
Moving marine product out of the controlled area notice zone would require a permit from MPI with strict protocols around transportation.
Facing a maximum fine of $100,000 for the offences, Judge Mark Callaghan discounted the sentence due to an early guilty plea and no other offending, ordering it to pay $24,000 plus court costs.
Judge Mark Callaghan. RNZ/LouisDunham
Judge Callaghan said he accepted the offending was an oversight, rather than an act of deliberate non-compliance.
“But given the biosecurity risk, it’s important for any entity involved in the commercial processing of risk goods to be fully aware of the extent of activities allowed under their existing permits,” he said.
“MPI tells me that they expressly advised the defendant company of the new permit requirements prior to the offending.
Judge Callaghan said the potential consequences of transmission were disastrous, as outbreaks fo the disease had severely damaged other oyster fisheries.
“The flat oyster species is an important taonga species to local iwi in the South Island.
“The movement of green-lipped mussels carries the risk of introducing Bonamia to unaffected marine areas.
Judge Callaghan cited fellow Judge Tony Zohrab during the sentencing for the exporter Ikana New Zealand, in March.
“When we are dealing with issues with respect to biosecurity, where the potential for harm is high, and if realised may be irreversible, it is simply not sufficient for the defendant company to suggest that there was no real risk here.”
The judge revealed the company received $518,840 for all the movements.
MPI acting director of investigation and compliance Aleshea Allen said the controls were in place to prevent the spread of Bonamia ostreae.
“Bonamia ostreae has had a significant effect on the flat-oyster fishery, and we all need to do our part to prevent it from spreading. The movement controls are well understood by industry and have been in place across areas of the South Island since 2015.”
She said the investigation found shellfish were moved in breach of biosecurity regulations, as a result of a business arrangements between the management of Aroma Aquaculture and Ikana New Zealand, its Christchurch-based importer.
“The vast majority of people who work in the aquaculture industry are responsible and do the right thing by following all rules and regulations,” Allen said.
“Aroma Aquaculture’s actions had the potential to cause serious harm to both the natural environment, and to the reputation of our country’s multi-million-dollar export and domestic shellfish industry.”
Meanwhile, in March, the exporting company Ikana New Zealand was fined $20,000 for nine charges under the Biosecurity Act for moving 330 tonnes of mussels unpermitted during 2023 and 2024 – including volumes from Aroma Aquaculture, and 80 tonnes from Waimana Marine.
Ikana New Zealand exported mussels and abalone to markets including Asia and the United States.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand