Axmag may 2017

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MPI’s orchestration of Deceit By Graham Carter

David Turner

TV3 recently reported that two senior MPI officials lied about why commercial fishers were not prosecuted for illegally dumping and not reporting catches during Operation Achilles. The 13th April Newshub story compared what Dave Turner Director Fisheries Management and former Deputy Director-General

SEE INSIDE Page 2 - Smoking Wild

Ducks

Page 9 - Law and Order

Scott Gallacher said in 2016, to a recent “correction of statements” issued by MPI following Mike Morrah’s compliant to the Ombudsman. On 17th May 2016 Dave Turner told Newshub “we ended up with a legal opinion that we could not prosecute the fishermen for discarding the fish”. The following day Deputy Director General Gallacher told Paul Henry “where we get credible evidence to support a prosecution we do prosecute. We did not have the evidence that we could actually lodge a prosecution with, because we had legal advice that we could not use some of the camera footage.”

But following the Ombudsman’s invention, MPI confessed no such legal advice ever existed; “the legal advice did not contain a recommendation against prosecution”. Instead, for almost a year Nathan Guy’s Ministry for Primary Industries deliberately misled, deceived and lied to the public about why commercial fishers blatantly dumping fish recorded on cameras were not prosecuted. Neither Guy nor the MPI did anything to correct Gallacher and Turner, and the MPI only did so when they were forced to by the Ombudsman. MPI have always known that there was no legal advice recommending not to prosecute. The truth is the legal advice provided by Crown Law to MPI in 2014 was to prosecute. Guy must have known this. Rather than front up and tell the truth Guy and MPI instead chose to deliberately deceive the public. MPIs Director of Compliance Dean Baigent discussed Crown Law’s advice to prosecute with Dave Turner and Scott Gallacher several times in 2014. On 2 October 2014 Turner emailed Baigent making a case for warning the commercial fishers. He rubbished the Achilles investigator’s 8 September report and outlined factors against prosecution. These included:

1. Delay in making prosecution decision doesn’t look good; 2. Make it difficult for industry to cooperate with the ministry; 3. Seen by industry as acting in bad faith; 4. What else could be used to bash MPI; 5. The fishers seemed to have implied immunity. Clearly the MPI is more than captured by industry, totally compromised, and unable to operate in the manner required by law and by the public of New Zealand, and totally unable to manage New Zealand’s fisheries. In 2016 Guy repeatedly said he had full confidence in his officials, especially Dave Turner. Why would he say this? Is Guy also industry captured? NZ First has called for a full independent, external inquiry into MPI’s role in fisheries management. But,

will this be enough to restore public faith in the Ministry. We already know about a large number of operational reports that demonstrate MPI’s unwillingness to prosecute when there is clear evidence of illegal activity. It’s very strange that lying Turner has remained in his position as Director of Fisheries Management. Yet, as a former Police Officer and Compliance manager Turner should be sacked, because apart from lying he knows better. While lying Gallacher inexplicably moved on from the MPI, during QC Heron’s investigation, to the Ministry for Social Development where he is now the Deputy Chief Executive for Social Housing. The perfect person to tell those forced to sleep in cars that there is no housing crisis. He should not be trusted

Report

Page 11 - Police Want

Your Guns

Page 12- Rescue

Helicopters used to Poison Deer

Page 15 - King Salmon

Process an Affront to Democracy?

Page 18 - Hectors

Dolphins Found Dead

Scott Gallacher

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ever again as a public servant. Both are a complete disgrace and that to say nothing of those above lying Gallacher and Turner who chose silence over telling the truth. The only reason this has now come to light is because the Ombudsman has forced MPI to reveal the information after repeated attempts to get the truth of the matter by media and the public. Now New Zealand has a Ministry that blatantly lies and then covers up those lies, and is unwilling to own up to its mistakes, unless it is forced to do so. MPI continues to refuse to release many of these Operation reports which is believed will expose even more collusion and capture by the industry. What a disgrace! Any Minister or Director General that Story continued on page 4...


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