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Compliance Activity - 'Fertex'

Despite a civil injunction being issued on 6 July 1998 the animal remedy ‘Fertex’ continues to be used by farmers.

The following is an update of the compliance activity in this area. It should be noted that there are no current licences in place for ‘Fertex’ or injectable zinc and no applications for licensing to consider at this time.

Extension of the Civil Injunction
The term of the injunction covering Mr RJ Pickering’s activities around ‘Fertex’, issued on 6 July 1998, has been extended until further order of the High Court following determination of the Attorney General’s application for leave to issue a writ of arrest on the Defendant.

Colby Corporation Licensing Appeal Against the Animal Remedies Board
Colby Corporation withdrew their appeal after several days of hearings. The Animal Remedies Board has made an application for costs. The total actual costs incurred in the appeal were $88,623.68. A decision on costs is expected shortly.

Further Investigations
Investigations are currently being pursued for the alleged sale of the product ‘Fertex’. This is in addition to evidence previously collected supporting the leave to issue a writ of arrest, which was filed with the High Court on 2 December 1999. The evidence covers a broad period of time, including the period the injunction was in force.

The Defendant’s lawyers have filed an appeal with the Court of Appeal on a technical point. In essence the proceeding is criminal and therefore briefs of evidence need not be provided by Mr Pickering to the Attorney General. Until a hearing date is allocated and the matter resolved, the writ of arrest process is halted.

Charges of sale of an unlicensed animal remedy have recently been heard at the Hamilton District Court. Two individuals were charged along with the corporation.

Mr Pickering appeared in the Hamilton District Court and entered a plea of not guilty. A date has been set for 26 January 2000. Following a failure to appear, charges against James Lloyd Corporation Ltd. and Thomas Byrne proceeded by way of formal proof and both parties were convicted and fined $150 on each charge and ordered to pay Court Costs of $130 and Solicitors Costs of $180 in the Hamilton District Court. Details of the charges are:

RJ PICKERING
2 charges for sale of an unlicensed animal remedy ‘Fertex’ s40(2)Animal Remedies Act 1967

2 charges supply of an unlicensed animal remedy ‘Fertex’ to a carrier s63(a) Animal Remedies Act 1967

JAMES LLOYD CORPORATION LTD*
2 charges for sale of an unlicensed animal remedy ‘Fertex’ s40(2)Animal Remedies Act 1967 (convicted)

2 charges supply of an unlicensed animal remedy ‘Fertex’ to a carrier s63(a) Animal Remedies Act 1967 (convicted)

THOMAS BYRNE
(Company Director James Lloyd Corporation)
2 charges for sale of an unlicensed animal remedy ‘Fertex’ s40(2)Animal Remedies Act 1967 (convicted)

2 charges supply of an unlicensed animal remedy ‘Fertex’ to a carrier s63(a) Animal Remedies Act 1967 (convicted)

* An application for liquidation of James Lloyd Corporation has been filed by the Inland Revenue Department (see Gazette issue 145 dated 26 October 2000, 376).