Prosecution For Using Gun To Frighten Birds Fails

Press, Volume XCVIII, Issue 28938, 4 July 1959, Page 11

Prosecution For Using Gun To Frighten Birds Fails

(New Zeaiand Pr W Association)

AUCKLAND, July 3. jn a reserved decision in th< Magistrate’s Court at Otahuhu Ur R. M. Grant, S.M., has helc tyt an animal scare gun used bj , Mount Wellington grape cower to frighten away birdi during the grape-ripening seasor .joei Dot contravene the law. prosecutions brought by th< Mount Wellington Borough Coun c il aßeged that Anton Laus tfticultufist, of Penrose road carried on the undertaking ol pape-gfowing so as- to be unnecessarily offensive or likely tc jje injurious to health, or, alternatively, with wantonly disturbinj inhabitants, by improperly operating a noisy instalment. Both charges, which wen denied, were dismissed, the Magistrate allowing the defendant costs The Magistrate said that although he was satisfied that the pm Teas a noisy instrument, it was used as "part and parcel of a legitimate undertaking,” and did not place defendant in the category of persons who maliciously disturbed the peace. The Magistrate said the evidence did not show that the gun’s report was a menace to public health. If residents considered the gun was a nuisance, their proper

remedy might be civil proceed!™. Tn f, of the gun. Ma °- however, said the Magistrate, they would need to Show that the noise cauwd a With comf ort t 0 the standards of ordinary reasonable people This 2“ V Clude stantods oioJ ed * by People accustomed to d^ gant 4° r daint y living. The law d i n i Ot talce into sccount the Sd 1 », needB of class. It would be necessary to show that bour^ SC ° mfort sufTered by neigS hours was serious.