FIREARMS IN FISHING BOAT.

Manawatu Standard, Volume XLII, Issue 10117, 26 October 1917, Page 3

FIREARMS IN FISHING BOAT.

REGULATION DECLARED INVALID (Piir Phess Assooiatjon.) AUCKLAND, Oct. 25. At a sitting of the Supreme Court today, Mr Justice Stringer delivered a. judgment in which regulation made under tho provisions of the Sea Fisheries Act, 1804, find gazetted on September 5. 3SJo7,v>at> held to lie invalid. The decision wu-a in respect of an appeal by a fisherman of llelensville, who had been lined I>.\ the Magistrate for carrying on a licensed fishing boat a doublebarrelled sporting gun. His lienor said that it had been argued for the respondent thai the regulation was within the power contained in the Ael enabling regulations to be made for the "preserving of good order amongst, persons engaged in fishing'.'' lb' did not ay.ee v.ith him in that contention. A regulation, like a by-law, must be reasonable and must rot iinpo-.r restrictions beyond what was neeesrary in connection with tin subject, matter being dealt with. The regulation had neither of those characteristics, and it. wa* mi reasonable in thai it forbade the carry iu>: of firearms at any time or place, whether rhoi boa! was actually engaged in lisjiing or not, and whether there was ammunition <>n the boat or not. The restrictions went far beyond vyjiat was reasonably necessary in order lo preserve go id. order amongst fishermen. In his opinion the regulation was invalid, and therefore the upnoal would bo allowed. His Honor added that the whole of ihe regulations under the Act appearing in the Gazette of September sth, 1907, were of more than doubtful validity. If regulations of the kind ivtyre necessary, steps •hoitld at once be taken to have fresh ones prepared and gazetted.