Plea on gorse fails

Press, 3 August 1976, Page 15

Plea on gorse fails

The Akaroa County Council is standing firm in its decision on a noxious weeds clearance notice that was referred back to it by a Christchurch Magistrate.

The council was hearing an appeal by Mr C. Calcutt, who was discharged without conviction bv Mr F. Paterson, S.M., on July 14 on a charge erf failing to comply with the nptice. The noxious weeds inspector (Mr H. W. Fawcett) told the council meeting that Mr Calcutt had bought 172 acres at the top of Flea Bay, near the Akaroa lighthouse, in May, 1975. The land was covered in gorse except for about 20 acres, '♦hich had only scattered gorse.

In July. 1975. Mr Calcutt had been given public notice to clear the scattered gorse and boundaries on his property. He had not cleared sufficient gorse and had been prosecuted. “At the court hearing, the Magistrate, after hearing the history of the property and Mr Calcutt's problems, took tfie view that the notification was unreasonable,” said Mr Fawcett.

"In his decision, he suggested that it might be more desirable that an individual notice be given, so that Mr Calcutt could appeal if he considered it unreasonable.” Mr Fawcett said that he had subsequently served a new notice on Mr Calcutt, requiring him to clear all boundaries one chain back

from the fenceline and to clear scattered gorse from the 20 acres by January 31.

Mr Calcutt said that the problems existing before his prosecution still remained. Even if he and his wife worked full time to clear the gorse, it would be physically impossible to clear the boundaries within the time limit set by Mr Fawcett. He accepted that he had obligations in law and wished to comply. But in the circumstances, he had no alternative but to treat the clearance notice as an unreasonable demand.

After discussing the matter in committee for about five minutes, the council dismissed the appeal and told Mr Calcutt that the notice would stand.