Importers fined $3000

Press, 24 April 1980, Page 4

Importers fined $3000

Fines, court costs, and solicitors’ fees totalling $3OOO were imposed by Judge Palmer in the District Court yesterday on a Christchurch importing company for 14 Customs Act and two Trade and Industry Act breaches relating to its importing stationery and office equipment from a Japanese manufacturer.

The company, William Brandt and Company, Ltd, had been convicted of the offences last week in a reserved judgment, following a hearing early this month. In his written decision last week the Judge had found in fact and law that the company, and a director, Derek William Wade Brandt had contravened certain provisions of the Customs Act but not with an intent to defraud the revenue of customs. Evidence had been that the company had altered the price of goods imported from Japan for the sole purpose of importing more under the licences available, and not to evade customs duty. The Judge had dismissed eight charges against the company, and seven against Derek Brandt, under section 243 of the Customs Act, of acting with intent to defraud customs in the importing of goods. The Judge had convicted the company on seven charges, relating to seven shipments, under section 21 and seven charges under section 247 of the Customs Act. These included representing to a customs officer that invoices from Japan

were genuine when they were falsely stated, and making erroneous entries of goods for home consumption. It had also been convicted of two Trade and Industry Act breaches by importing goods prohibited by import control regulations in that no licence had been granted to the company. The Judge imposed, fines totalling $BOO (six of $lOO and one of $200) on the seven charges under section 21, and fines totalling $7OO

($lOO on each) on the seven offences under section 247. Fines of $2OO, and $5OO were imposed for the Trade and Industry- act breaches. Costs of $lO were imposed on each of the 16 charges, and solicitors’ fees of $4O on each.’ Mr A. A. P. Willy appeared for the defendant company and for Derek Brandt during the hearing and presented written and verbal submissions in mitigation of penalty yesterday. . He said the offences were

the first in a long involvement in a variety of importing activities; and the duty savings were not the motive in the offences and in any event these were modest and were offset by revenue exacted. -

His request for costs against the Customs Departinent on the 15 charges which had been dismissed was declined.

Mr D. J. L. Saunders prosecuted for the Customs Department.