TAUPO FISHING RIGHTS

Hokitika Guardian, 17 December 1928, Page 3

TAUPO FISHING RIGHTS

NATIVE CLAIM DISMISSED. W ELLINGTON, Vice. IL .1 adgment in the case Tc Hen i i"u v. the Kinj:, concerning compensation for fishing at Lake Taupo, was delivered by the Full Court this morning. In dismissing the application, the Acting-Chief .Justice said: “! ngß’ o ' that the Court should decline to exercise jt« discretionary authority to interpret, Die. sections in question. Admittedly, the Court is not entitled to assume that any mistake lias been made. The Legislature must be deemed to have meant what the words convey The difficulty in the present case is "that hv the sections in question the Legislature purports to give effect to n certain agreement, whereas it is obvious that they do not. Indeed, the provisions of the Statute and the tonus lithe agreements are quite inconsistent. It appears to me that, in order to obviate- the possibility of injustice to either party by a loreecl interpretation Hi is' Court should decline to exercise its doerction at the present time as tm any declaration, as to the meaning of the sections.” T]ie other mc.n'ibei'K of the Pouch. Mr Justice MacGregor, Air Justice Ostler and Mr Justice Plair, all : concurred that the Court should refuse to exercise its discretion. No order was made as to costs. p,w»y.r7~p*T •?*. fyx/iIZSCL'O'3