DECISION RESERVED IN RABBIT DESTRUCTION CASE

Gisborne Herald, Volume LXXVII, Issue 23366, 23 September 1950, Page 3

DECISION RESERVED IN RABBIT DESTRUCTION CASE

(P.A.) DUNEDIN. Sept. 23. The case was of considerable interest and importance to farmers and rabbit boards because a decision would determine (he legal duties and responsibilities of boards in administering the new Rabbit Nuisance Amendment Act of 1947, said Mr. F. M. Hanan, of Dunedin, in the Roxburgh Court this week. He was appearing for James Wallace, farmer, of Waikouaiti, who was the defendant in an action brought by the Roxburgh East Rabbit Board. The board sued to recover from Wallace the sum of £247 12s lOd. the amount paid by the board as wages and bonuses to trappers, less proceeds of sale of skins and carcases. The defendant counter-claimed for £230, being damages for loss he had allegedly .suffered on the sale of his property at Knobbies through the value being reduced by £4OO, largely attributable to rabbit infestation on the property. The defendant alleged that the new Act placed on rabbit boards the absolute duty of destroying rabbit infestation, or alternatively, that instead of the duty being absolute a duty did exist for which the board was liable to farmers if negligence were shown. The inspectorial policy which existed until 1947 had now been abandoned, so the responsibility now rested on the boards to destroy rabbits and that responsibility was upon boards alone. Mr. J. C. Mowat. of Roxburgh, who appeared for the plaintiff board, denied that it had such a duty. If a duty did exist then the board had taken all measures in its power to implement the destruction policy. Concerning (he period from October, 1949, to April. 1950. when no rabbiters were engaged by the board on the defendant's property, it was submitted that the board was unable to obtain labour. Mr. A. E. Dobbie, S.M., reserved his decision.