MAGISTRATE’S COURT

Nelson Evening Mail, Volume LXXIII, 30 June 1939, Page 6

MAGISTRATE’S COURT

MAORIS’ LAUNCH TRIP FROM TIT A 111 BAY TO D’URVILI-E ! ISLAND jCOLLECTOR OF CUSTOMS TAKES ACTION DECISION RESERVED An action concerning a launch which brought a party of Maoris from the North Island (Titalii Bay) to D'Urville Island at Christmas time, was heard/ before Mr T. E. Maunsell S.M. in the | Magistrate's Court this morning, j The Collector of Customs, Percy David Jones, represented by Mr C. R. Fell, brought the following charges 1 against Alfred Harold Harvey (Mr \V. !V. Rout): That on the 24th Decembei I 1938 he was the owner of a British ship, the Awatea, a home trade motor- | ship of less than 60 brake h.p. which ! went to sea from Titahi Bay to D'lJr- | ville Island without the officer required by the Shipping and Seamen’s Act; and allowing the Awatea to proi ceed to sea without a valid certificate j from the Marine Department as to survey, and without a duly certified. 1 master. ! F. E. S. King Turner was charged with acting as officer of the Awatea on a sea voyage without being duly certificated. Defendants pleaded not guilty. Mr Fell quoted the sections of the Act under which the prosecutions were made, and said that the launch was l registered at Picton. Its horse power was 40, its gross tonnage 10, and it was j registered as a fishing launch. On this : occasion Harvey allowed Turner to take his launch to fetch a party of Maoris from the North Island to D'Urville Island at Christmas time, after being told by the Marine Department that he was not allowed. The Collector of Customs, Percy David Jones, who is also Marine Superintendent, produced a copy of the certificate of registration of the Awatea, and the application of Harvey for i it. He had had some correspondence I with Mr Harvey about the use of the launch for passengers, and had told him that he could not do it. Later witness heard that the trip from Titahi Bay had been made and he asked Harvey for an explanation, which he had made in writing. Robert Hippolite said that he knew both defendants and knew Harvey as j the owner of the launch Awatea. With a view to arranging to bring some j Maoris from the North Island to D'Urville Island he had approached Harvey who said, after seeing the Collector of Customs, that he could not do it. Later, Hippolite having made arrangements with the Maoris in the North, Harvey agreed to allow Turner to take the launch. The launch made the trip, collected the party of over 20 from Titahi Bay and went to D'Urville Island. Turner was paid part of the £ls due for the hire of the launch. To Mr Rout witness said that Harvey and he agreed that the cost was to be £ls, which was more or less the cosx! of the fuel. He admitted that he I worried Harvey to take them across. : He knew that Turner was an experienced man with a launch. Mr Rout said that the questions were j primarily with a view to the question of penalty in case the defendants were convicted, but he submitted that no offence had been committed. The New Zealand Act made no requirement lor the registration of a ship; the only obligation for this was in the Imperial Act. Mr Rout quoted exemptions allowed in the Imperial Act and said that this boat was not registered under the ; Shipping and Seamen’s Act. The only j liability to register was under the Fisheries Act. He submitted that the j Shipping and Seamen's Act only applied to registered boats. He had no authority to quote but relied on commonsense for his assertion. The New Zealand act had special exempting i clauses of its own. Ships of less than j 10 tons were exempt from survey and

from the provisions regarding certifi- ! cated masters and engineers, so he sub- - mitted that there was no case to ans- 1 Mr Fell considered that the question | of registration had nothing to do with j whether an offence had been committed or not. This boat was carrying pas- j sengers for reward, and was not a plea- ; sure yacht. Decision was reserved on this point, j Mr Rout said that he would call evi- j dence bearing on the question of pen- j alty if a conviction was recorded. : The defendant, Harvey, said that the' Maoris were not satisfied when he told 1 them he had been refused a permit, so he got a written instruction from the Collector of Customs. Still they were j not satisfied so he told them they, could have the boat if Turner went; and they paid fuel expenses. On his | return from the trip Turner had given him £5 which the Maoris had paid ' him and he had given Turner half of j this. The petrol would cost him more than this. To Mr Fell witness said that the sum . of £ls was not mentioned. Mr Rout reiterated that he claimed | exemption primarily as a fishing boat, ; or, if not, as a pleasure boat. Mr Fell said that if Mr Rout’s con- : tention was correct anyone might register a large boat as a fishing boat and trade between Nelson and Wellington as a cargo bout. The Magistrate reserved his decision.