BIRD-FRIGHTENING GUNS

Press, Volume XCVIII, Issue 28890, 9 May 1959, Page 7

BIRD-FRIGHTENING GUNS

Prosecution To Test Legality Of Use

(New Zealand Press Association) AUCKLAND, May 8. A prosecution to test the legality of the use by grapegrowers of bird-frightening guns was heard at the Otahuhu Magistrate’s Court today before Mr R<. M. Grant, S.M.

The Mount Wellington Borough Council charged Anton Laus, viticulturist, of Mount Wellington, with alternative charges under the Health Act and the borough by-laws, of carrying on an undertaking that was offensive or likely to be injurious to health and with wantonly disturbing inhabitants by Improperly setting in motion a noisy instrument. The borough engineer stated in evidence that the gun used by defendant made a “loud shattering noise like both barrels of a shotgun being fired at once.” The gun was fired at intervals of just a few seconds to intervals of about one minute. The noise was nerve-wracking and continued from daylight until dark every day of the week. One witness living in the locality said that the noise had affected her so greatly that her nerves had broken down and she was obliged to give up work. Another witness said that he and his family were awakened each morniing at about five and that was the end of sleep for the day.

Defendant’s counsel said the case was of the utmost importance to every grape-grower and orchardist in New Zealand. Defendant was compelled to keep his vineyards free of birds or go out of business. The president of the Viticulturists’ Association of New Zealand, George Mazuran, said the bird-scaring device used bv defendant was the only effective method known in New Zealand. Two neighbours of defendant testified that the noise did not interfere with them in any way. One said he thought the noise to be “just a sign of scientific progress." The Magistrate reserved his decision.