Paua poacher loses car, banned for three years

A Christchurch man today lost his car and is banned from all fishing for three years after being caught up in a black market paua poaching swoop by the Ministry of Fisheries.

Lalio Lelua, a 49-year-old beneficiary, and Muaiao Papalii, a 36-year-old welder, who admitted charges of taking undersize paua and exceeding the daily limit, were due to stand trial before a judge-alone next month.

But their guilty pleas and earlier guilty pleas by other defendants, mean that only three men still face trial.

Defence counsel Andrew Bailey said Lelua was pressured by other members of the group into transporting them to Te Oka Bay on Banks Peninsula one day last January.

The others were more seasoned fishermen, and "did not want to risk losing their own vehicles".

Judge David Saunders ordered that Lelua's Subaru car be forfeited to the Crown after he admitted charges of taking undersized paua, and exceeding the daily limit.

He told Lelua that he now had 35 days to make a case to get the Subaru back but warned that it seemed unlikely in the circumstances.

Ministry prosecutor Grant Fletcher said the group of men was seen at the bay by officers who later stopped their vehicles but did not find the paua.

Their haul was later found hidden behind a tree up a cliff face. It contained 35kg of shucked paua. All of the shells found where the paua had been shucked were under the 125mm minimum size limit.

Mr Fletcher described the pair as "minor players" and outlined penalties already handed out to other members of the group.

Ielua faced the vehicle confiscation and banning because he had a previous breach of the Fisheries Act three years ago, for which he got 150 hours of community work.

Judge Saunders said: "This type of activity does damage our environment and depletes stocks for people who have a legitimate interest in having the proper number of paua for social functions or their own needs. Hopefully you have received that message already, before going into the dock today."

Defence counsel Jared Bell said Papalii had been only along for the ride to see some of the countryside but shucked some of the shellfish. Papalii was fined $750.

Judge Saunders fined Lelua $800, confiscated the car, and banned him from fishing for three years.

That was a result of breaching the Act a second time, and reflected the concern of Parliament.

He told Ielua: "The ban even prevents you going to the wharf at Lyttelton and putting a line over the end of the pier."

- NZPA