STANLEY ROAD BEACH

Gisborne Herald, Volume LXXIII, Issue 22210, 21 December 1946, Page 2

STANLEY ROAD BEACH

I read with interest your report o£ the decision of the Borough Council to prohibit swimming at the above beach. The decision may astonish many people, but it is in fact ex magna cautcla the part of the council, since it has purported the exercise of a right which has never existed.

It is established Common Law (equally applicable to New Zealand) that it is a trespass against the Crown to use the foreshore for the purpose of bathing in the sea. However, the public have certain rights of fishing and of necessity over the foreshore, but no general right of way along it. In addition there is the right of entry upon the shore when dry for the purpose of navigation or shipping. The position which has now arisen is rather amusing. The council, in passing its resolution, has enunciated, though apparently quite unwittingly, the rule of the Common Law, and is endeavouring to enforce it in respect of a limited portion of the beach; whilst it is completely ignoring the Common Law and flagrantly “condoning” its beach outside the bathing pavilion.

The council has undoubtedly acted on the highest principles and has been mindful of a recent tragedy on the Stanley road beach. Drowning fatalities have not been limited to the Stanley road beach. A statistical survey will show the Waikanae beach and the diversion cut to be equally hazardous. If. on further consideration. the council is still of the opinion that the Common Law should be enforced, then it is not for that corporate body to assume mandatorily unto itself power which it does not possess, but rather to bring, their contentions to the notice of the Minister of Marine, as it is at the suit of the Crown alone that the breach is actionable.

“BEACH USER.” [Abridged—Ed.. Herald.]