QUESTION OF AUTHORITY

Bay of Plenty Beacon, Volume 11, Issue 82, 19 September 1947, Page 5

QUESTION OF AUTHORITY

RABBIT BOARD’S RULING ENTRY TO INFESTED LAND At the September meeting of the Pongakawa Rabbit Board the secretary reported that he had forwarded to the Agriculture Department a copy of Messrs. Davy’s and Burton’s opinion in which their solicitors advised that it was not necessary for the Board to serve notices before destroying rabbits on a ratepayer’s property, provided the necessary resolution has been passed and provided the instructions are reasonable and protect the ratepayers so far as possible from damage. The Agriculture Department stated that it had referred this matter to the Director of the Live Stock Division which advised as follows:

“Before a Rabbit Board can enter on private land for the purpose of destroying rabbits otherwise by agreement with the land owner, it must first serve the land owner with a notice to destroy under terms of Section 6 of the Rabbit Nuisance Act, 1928. On the default of the owner the Board by its Inspector or other persons authorised by the Inspector may enter upon the land for the purpose of destroying the rabbits under Section 6 and 89 of the Act.”

The Board resolved that the North Island Rabbit Boards Association be advised of the ruling given by the Department of Agricutlure and that the secretary of the Association be requested to confer with that Department for the purpose of clarifying the position as the Director’s opinion differed from that of the Association and pointed out to him the necessity for amending the legislation to enable the Killer Policy to be enforced and the right to enter on property to be given, without serving these notices. The secretary was also directed to ask the Association to advise what rates are being struck by other Boards.