SUN-BATHING

Dominion, Volume 9, Issue 2697, 17 February 1916, Page 3

SUN-BATHING

BARRED.ON AUCKLAND BEACHES At Davenport (Auckland) there is another borough by-law that prevents, or is intended "to prevent, sun-bathing on the beaches. Recently Beveral vouns men were charged with a breac'i of thu by-law (which sets out that people when in bathing dross shall onlv remain on .the beach as long as it takes to walk from the drcssing-.hed to the water and back again). In upholding the by-law, Mr. F.;. V. Fraser, S.M., said that the beach at Cheltenham v as used by people as a promenade as well as by bathers. In fact, tHc uremenaders outnumbered the bathers, consequently the place had something of the nature of a park, and was much a. proper subject for by-laws regulating l its good rule and govercment as was Albert Park in the city. Cunsldtring that the beach was a pkc3 frlose to the borough and used as (-. promenade, the mere fact of people in bathing costume lying sprawled on the sard, as they would' not be permitted fct, dc in any park, constituted v ground of reasonableness for the by-law. W;iJ-,cut any intention .vhatc-'er to oend, persons lying about in bathing cofUmo could quite easily afrnj wi-huut ecnsciousuess make an c-xhibision that might bo unseemly to pramc-naders who were not at all prudish. A* to tho terms of the by-law, ; t would be a difficult matter to specify in express terms what would be mivee/nly -induct on the part of persons permitted to sit on the beach in bathing costume, consequently the form of the by-law had _ to bo made a general prohibition, leaving_ its enforcement to be used with' discretion. Though there was no sug. gestion whatever of unseemly conduct in tho cases of the-present defendants'; the fact that' they lounged for somo time on the beach when they were attired o'jjy in bathing costume was a direct and typical breach of the bylaw, and the charges could not be dismissed under Section 92 of the J.P Act. Consequently,. as this was the first case of the kind,'and involved no suggestion of unseemly conduct, defendants would be convicted and discharged. His Worship added that if the beach were remote from the borough, and frequented only by bathers, the matter would be quite' different, and the by-law would probably havo been held to bo unreasonable. He also stated that he had discussed the legal aspect with his brother Magistrates, who were of the same mind as he on the matter.