Whangaroa oyster farmer turned private prosecutor Owen Robertson has twice pursued oyster thieves, and won, through the Disputes Tribunal. Photo / Peter de Graaf
Whangaroa oyster farmer turned private prosecutor Owen Robertson has twice pursued oyster thieves, and won, through the Disputes Tribunal. Photo / Peter de Graaf
A theft-hit Northland oyster farmer was astounded when culprits in the latest heist broadcast offers of shellfish for sale over Facebook Live — while sitting in a boat just metres from where they were allegedly taken.
While the ''fresh off the farm'' sales pitch may have won customers, it alsoled Whangaroa's Owen Robertson straight to the alleged offenders.
The oyster farmer then successfully sought justice through the Disputes Tribunal after police and fisheries enforcement were unable to deliver the result he wanted.
The man identified in the video strongly denies taking the oysters, saying he was showing his son around the harbour at the time and the wild oysters he collected were from another bay.
Robertson identified the man in the boat as Robert Rika of Waitaruke, while the man who sold the oysters was Rika's son.
Robertson notified police and MPI. Rika was charged with theft but police withdrew the charge due to insufficient evidence after he pleaded not guilty.
The incident occurred in January but only reached the Disputes Tribunal earlier this month.
Appearing before the Tribunal, Rika said he had been on the water that day but the only oysters he took were from rocks. Of the roughly two trays he collected, he gave half a tray to family members and the rest to his son. He said he hadn't given his son permission to sell the oysters.
Robertson, however, said Rika's waders and wrist guards, as seen in the video, suggested he was collecting from a farm, not from rocks, and it was clear from Facebook that more than one and half trays was sold.
Also, the oysters shown on Facebook looked like farmed rather than wild oysters, and the live stream itself stated they were ''fresh off the farm''.
The Tribunal found it was more likely than not the oysters had been taken from Robertson's farm.
Robertson sought $1500 for the loss of the oysters and a further $1000 for inconvenience and having to travel to Auckland to recover the shellfish for evidence.
The Tribunal ordered Rika to pay $750 for the oysters and $750 for Robertson's inconvenience and costs.
Robertson said the ruling proved he wasn't an easy target.
''I'll pursue them [thieves] as long as I'm alive. If you let these things slide they get bigger and bigger, but nip them in the bud and they stop. I don't think anyone will hit my farm again.''
People who stole shellfish on a commercial scale weren't doing it to feed their families, he said.
''They're doing it for profit, and it's the kind of thing that costs jobs. I'd hire more staff if I could run the farm at full efficiency, but I have to harvest that farm before the oysters are big and fat just to stop them getting stolen.''
Rika told the Advocate he was in Pumanawa Bay that day, where Robertson's farm is located, because he was showing his son around his ancestral home.
''Yes, I was there, the photo shows so. I was taking my son to see the whole of Whangaroa - he's never been here before. There's no photos showing that I took the oysters. This naughtiness has got to stop, accusing me without the full and proper facts.''
He said none of the Facebook posts relating to shellfish sales implicated him and the wild oysters he collected were from the western arm of the harbour, nowhere near Robertson's farm.
Rika also questioned Robertson's ownership of the oysters. The farm was leased, the area was under Treaty claims, and even if Robertson owned the farm he couldn't own the oysters, Rika said.
''How do you claim title to what Tangaroa gives?''
Despite that, Rika said he wouldn't take from an oyster farm and didn't need to.
He said the issue was one to be resolved through tikanga, citing the 1835 Declaration of Independence, and invited Robertson to resolve the issue on the marae.
Mid North police Senior Sergeant Peter Robinson said the theft charge was withdrawn after prosecutors decided there was insufficient evidence.
Robinson said the standard of proof required in criminal court was higher than in the Disputes Tribunal, where matters only had to be proven on the balance of probabilities instead of beyond reasonable doubt.
It's not the first time Robertson has used the Tribunal to recoup his losses and deter thefts.
In 2017 he pursued an alleged thief after 38 sacks of harvested oysters — weighing about 500kg — were taken from his farm.
In that case he used CCTV footage to track down a 31-year-old Whangaroa man who was arrested and convicted of stealing five sacks' worth of shellfish.
Robertson then went after him in the Disputes Tribunal to recover the value of the other 33 sacks.
In that case, the oysters were taken while the harbour was closed for health reasons.
The Ministry for Primary Industries, which enforces gathering and sale of kaimoana, did not respond to requests for comment.
