WITH DOG AND GUNS.

Auckland Star, Volume LXIII, Issue 183, 4 August 1932, Page 5

WITH DOG AND GUNS.

SPORTSMEN ON SANCTUARY.

TAURANGA CONVICTION.

APPEAL ON POINT OF LAW,

(By Telegraph.—Own Correspondent.)

TAURANGA, this day.

A case of considerable importance to sportsmen was heard in the Magistrate's Court here yesterday before Mr. S. L. Patterson, S.M., when Frederick McFarlane, Robert Newcombe and H. V. Anderson were charged with being with dog and guns in a game sanctuary at AVelcome Bay on May 2. Hugh M. Stewart, Government ranger, gave evidence of having accosted defendants, who stated that they were not aware of being on a game sanctuary. Constable Moore produced a Government "Gazette" notice, and detailed the land included in the notice, which was a portion of the Ngapeke block of native land. William Tanner, called for the defence, stated that as a tenant in common with his brother he owned land in the block, some freehold and some leasehold. He had never consented to the land jeing gazetted as a sanctuary. Defendants stated in evidence that i there were no notices up on the day in question to show that the area was a sanctuary, and they were not aware of the fact that others were shooting in the same locality on the same day. Counsel for defendants contended there was not a proper description of the sanctuary in the "Gazette," and that the absence of the consent of Mr. W. Tanner was fatal to gazetting the area as a sanctuary. He contended, further, that section 6 of the Animals Protection Act in regard to proclaiming sanctuaries was a machinery clause, and that before privately-owned land could be declared a sanctuary the consent of the owner must be obtained; or, in the alternative, the land could be taken under the Public Works Act. Rights granted in respect of freehold land could not be taken away by a general Act dealing with the protection of animals and game.

The magistrate held that the Gover-nor-General had power to declare sanctuaries and the defence must fail, but as defendants did not know they were on a sanctuary they would be convicted and ordered to pay costs.

Notice of appeal was given, and the magistrate was requested to state a case for appeal on the point of law.