CONVICTION REVERSED.

Kaipara and Waitemata Echo, 1 November 1917, Page 3

CONVICTION REVERSED.

FISHERMEN AND FIREARMS

REGULAIjTON INVALID.

THE HELENSVILLE CASE. A JUDGMENT 6f considerable importance to fishermen, in that a regulation under the provisions of the Sea" Fisheries Act, 1894, and gazetted on September 5, 1907,..was held to be invalid, was delivered by Mr Justice Stringer ao the Supreme Court on Friday last. The decision was in respect to an appeal by Joseph Jorgensen fisherman, of Helensville (Mr Field), who had, on the information of James P. Ridings, Collector of Customs at Auckland (Mr Mays), been fined £1 and 7s costs for carrying on a licensed fishing-boat a double-barrelled sporting gun, that being contrary to the regulation.

His Honour said it had been argued for the respondent that the regulation in question was within the power contained in the Act, enabling regulations to be made for '* preserving good order amongst persons engaged in fishing." ' He did not agree with that contention. A regulation, like a by-law, must be reasonable, and must not impose restrictions beyond what was necessary in connection with the subject matter being dealt with. The regulation had neither of those characteristics. It was unreasonable in that it forbade the carrying of firearms at any time or place, whether the boat was actually engaged in fishing or not, and whether there was ammunition on the boat or not. The restrictions went far beyond wiiat was reasonably necessary in order to preserve good order amongst fishermen. In his opinion the regulation was invalid, and therefore the appeal would be allowed.

His Honour added that the whole of the regulations under the Act appearing in the New Zealand Gazette of September 5, 1907, were very in artificially drawn, and of more than doubtful validity. If regulations of the kind were necessary, steps should at once be taken to have fresh ones prepared and gazetted.