FARMER FINED £l0

Press, Volume XCIV, Issue 28158, 22 December 1956, Page 6

FARMER FINED £l0

NASSELLA TUSSOCK CASE

Alexander Arthur Macfarlane, a sheepfarmer, of Rotherham, was fined £lO by Mr Rex C. Abernethy, S.M.. in the Magistrate’s Court yesterday, for failing or neglecting to comply with a notice issued by the North Canterbury Nassella Tussock Board.

The case was heard on December 12, when the board was represented by Mr N. H. Buchanan, and the defendant by Mr A. D. Harman.

‘‘The board thought the defendant was not dealing with the nassella tussock as he should have done,” said the Magistrate, giving his reserved decision yesterday. ‘‘These matters are difficult. Evidently there is some feeling between some runholders and the board. At least there is some difference of opinion on what should be done or should not be done. That is inevitable in such a matter as this. Nevertheless the board was set up to deal with the onset of nassella tussock on high-country runs. Whether or not farmers disagree, the Legislature set up the board to take steps to deal with nassella tussock. So long as the board is there, farmers and runholders will have to be brought before the Court if they fail to comply with notices issued by the board.

“The defendant's run was inspected in 1951, and has been inspected each year up to the present. Also it appears that he was taking some steps to try to meet the situation. In 1955, the defendant was served with a notice to grub out and destroy nassella tussock. A letter sent at the time shows that the board recognised that he had taken certain steps before. No steps were taken by the board in October, 1955, to prosecute him. A year went by. In the intervening period the defendant had taken fairly considerable steps, but apparently they were not sufficient ones to meet the situation.

“Coming down to cold facts, it appears that, notwithstanding the efforts made by the defendant, he has not done enough to check or decrease the onset of nassella tussock. If that is the fact. I have got to take cognisance of it. I have to accept that he has taken considerable steps but it is getting out of hand and there has not been full compliance with the requirements of the board. As the defendant has taken some steps I will not inflict the fine I would in other circumstances. The fine of £lO is not to be taken as an indication that it is an adequate fine for any farmer or runholdei* who does not take adequate steps to deal with the menace of nassella tussock,” said the Magistrate.