A Southland farmer taken to court by the Ministry for Primary Industries (MPI) for failing to get an imported container authorised had some charges dismissed yesterday.
Alphonsus Cornelis Maria Zeestraten appeared in the Invercargill District Court, where he and his company, Southern Centre Dairies, faced four charges — two each — of acquiring and disposing of unauthorised goods.
The charges were dismissed by the Judge Russell Walker.
Zeestraten pleaded guilty to two charges — one on behalf of his company — of strict liability after failing to comply with section 25 (8) of the Biosecurity Act 1993 by not acting in the terms of the Biosecurity Authority/Clearance Certificate which required the container to be placed in a transitional facility and to be inspected.
The court heard Zeestraten had imported a container from Holland with new and used agricultural equipment and tyres.
MPI prosecutor Pip Norman said the container was supposed to go to a transitional facility but it went to Zeestraten’s farm in Winton instead.
During the hearing, Central Southland Freight general manager Corey Price said the electronic system of Port Otago did not show any holds, stops or further requirement from MPI for the container to be collected.
The hearing was adjourned after this declaration and when it returned, the charges were dismissed.
On the other charges, Judge Walker remanded Zeestraten to a hearing on August 21, when his lawyer indicated he would apply for a discharge without conviction.
After the hearing, Mr Gallaway said his client was delighted with the outcome.
"It was also maintained that the taking of the container to his property was an innocent mistake made without any knowledge on his behalf or without any recklessness, and he feels his defence has been justified."
He said it was now an opportunity for his client to "move on and deal with the charges he pleaded guilty for".