SUNDAY PLAY

Wairarapa Times-Age, 18 February 1942, Page 2

SUNDAY PLAY

BOROUGH RESOLUTIONS IIIID INVALID SOLICITOR’S OPINION TAKEN. COUNCIL GIVES PERMISSION FOR GAME. The resolution passed at the last meeting of the Masterton Borough Council to the effect that for the future no sport be allowed upon the Park Oval on Sundays is held by the Borough Solicitor to be invalid and unenforceable. In view of this the Council agreed unanimously last night to a request for permission for a match to be played on the oval on Sunday between the Lansdowne Club and an Army team. The motion was moved by Councillor W. Kemp and seconded by Councillor H. E. Gardner. This ruling, • placed before the Masterton Borough Council at its meeting last night by the borough solicitor, Mr H. Mackenzie Douglas, stated that Section 482 and (2) of the Borough By-laws provide that “no person shall play, conduct or participate in any game or sport of any kind in any park on a Sunday.” That by-law, however, is subject to Section 368 D of the Municipal Corporations Act. which stated: “No by-law shall be valid if a breach thereof would involve a breach only of some religious or moral rule.” Under a judicial decision it had been held that a by-law prohibiting Sunday play on any public domain was unenforceable. He further commented that while there was provision for the enforcement or observance of a valid by-law, there was no such provision to compel observance of a bare council resolution. If such a resolution were valid there appeared to be no means of enforcing it. The council agreed to submit a remit to the next conference of the Municipal' Association, asking that borough councils should be given statutory authority to control Sunday sport and recreation within their reserves and parks.