A FISHING.REGULATION

Dominion, Volume 11, Issue 28, 27 October 1917, Page 3

A FISHING.REGULATION

DECLARED TO BE INVALID. | By TelcEraph—Press Association. Auckland, October 25. At tho Supremo Court to-day Air. Jue-, tice Stringer delivered a judgment in which tho regulation under the provisions of tho Sea Fisheries Act, 1891, and gazetted on September 5, 1007, was held to bo invalid. Tho decision was in respect of appeal by a fisherman of Helensvillo who liad been lined by a Jlagistrato for carrying on a licensed fishing boat a double-barrelled sporting gun. His Honour said it hod been argued for tho respondent that the regulation was within tho power contained' in tho Act enabling regulations to bo made for "proserving good order ampngst persons engaged in fishing." Ho did not agree with that contention. The regulation, like a by-law, must bo reasonable, and must not impose restrictions beyond what was necessary. In connection with tho subject matter being dealt with, tho regulation had neither of those characteristics. It was unreasonable in that it forbade tho carrying of firearms at any time or place, whether the boat was actually engaged in fishing or not, and whether thero was ammunition on the boat or not. 1 Tho restrictions want far beyond what was reasonably necessary in order to preserve good order amongst fishermen. In his opinion the regulation waa invalid, and therefore tho appeal would be allowed. His Honour added that tho wholo of tho regulations under the Act appearing in tho Gazette of September 5, 1907, wero of moro limn doubtful validity. If regulations of tho kind wero nccesvary, steps should bo taken at onco to have fresh ones prepared and gazetted.