POWER OF CONTROL

Auckland Star, Volume LXXI, Issue 11, 13 January 1940, Page 6

POWER OF CONTROL

LIFE-SAVING CLUBS. PIHA BEACH CLUB REQUEST. MINISTER CANNOT COMPLY. (By Telegraph—Press Association.) WELLINGTON, Friday. The oft-repeated request of surf lifesaving clubs that they be given legal authority to control, in the interests of the public, bathing on the principal beaches of the Dominion lias reached a further stage of oilicial consideration. The-club operating at Pihn, one of the largest surf beaches in New Zealand, recently urged th© Minister of Interim 1 Affairs, the Hon. W. ,E. Parry, to ask the Government to give members power to control, with the object of preventing people from bathing in dangerous parts of the beach. It was pointed out that there had been many cases in which per-, sons on the Pilia beach had required first-aid as a result of being stflick by surf boards or skis, if able to e.Vel'cise authority the club would fl»g the beach; allocating a certain poltioli to each class of swimmer, surf boarders and surf skiers. Respect of Public Morals. Mr. Parry said lie found there was no law at present enabling the request of the club to be granted. The-only reBttfijnt;,which by common law was imposed Upon the-commo 11 liberty of batik; ing in tile sea" and tidal waters where no right of private property existed was that which was imposed by decency ami respect of public morals. ■ It was ofHcinlly recognised* that to stop people bathing in a recognised dangerous area would require -constant feu per vision, together with powet- of afrest. Therefore the only means of preventing accidents, if they could be all termed such, was 'by educating the public by warning notices. Personal- Responsibility. , The allocation ot l special parts of the bcacli to different types of users, as suggested by the deputation, as a means of minimising the danger from surf boards was entirely contrary to the principles of the law of common usage. It was held that if a person chose to use eoine instrument or machine which was a potential danger to common users of the beach he would have to take the responsibility. . t ... The Minister said he regretted not being able to aid the laudable aim of life-saving clubs, whose . work on the beaches was voluntary and praiseworthy. He had ascertained that the Marine Department had granted control of foreshore land between the high water and low water marks to local bodies, Such as county councils, domain boards and trustees, for the inhabitants, but that control had come in the main within the term "the laws of decency and beyond that there was no power to go.