17 November 2014

Fair Trading: Commerce Commission v. Wild South

In giving leave for a criminal prosecution against Wild Nature (NZ) Ltd to continue, the High Court has warned directors against putting their companies into liquidation to avoid potential liability for fines.
Wild Nature pleaded guilty in late 2012 to Commerce Commission charges that it breached the Fair Trading Act by falsely labelling alpaca, merino and southdown wool duvets as being New Zealand made.  These products were sold to tourists from China, Korea and Taiwan brought in by tour operators.
Seven other companies were also convicted.  They were fined between $22,000 and $200,000.  Before Wild Nature could be sentenced, the company was put into voluntary liquidation.  Once liquidation has commenced, all legal proceedings against a company are stopped.  They require court approval to continue.   The Commerce Commission asked the High Court to allow the prosecution of Wild Nature to continue through to sentencing.  It said Wild Nature was the worst offender of the eight companies prosecuted.  Not only did the company mislabel the products’ origin, the company also manufactured false certificates to support the false labelling.  The Commission said these were particularly cynical breaches of the Act.  It would be seeking a fine in excess of the $200,000 penalty imposed on the second-worst offender.
Justice Venning gave leave for the prosecution to continue.  The company has pleaded guilty, only sentencing remains.  He said deterrence and denunciation are important considerations.  Wild South’s behaviour can have an adverse effect on the tourism trade.
Commerce Commission v. Wild Nature (NZ) Ltd – High Court (17.11.14)
14.053