OUT-OF-SEASON OYSTERS.

New Zealand Herald, Volume XLIX, Issue 14971, 19 April 1912, Page 5

OUT-OF-SEASON OYSTERS.

THE RIGHTS OF NATIVES. Two Maori girls, ha. 7 Torea and Fanny Torea, sisters, who are natives of \Valhoke, and who, although they aro respectively 16 and 19 years of ago, aro almost entirely ignorant of English, looked very uncomfortable indeed when they were brought before Mr. F. V. Frazer, S.M., at the Police Court yesterday morning, charged with having taken oysters when out of season at Kawakawa Island.

Mr. F. E. Shera appeared for the lisharies Department. Mr. W J. Napier, who appeared for the defendants, said it. was admitted that the girls, together with a younger brother, had taken oysters on the beach rocks near tho place where they were born, and had lived all their lives, and where their ancestors for generations past had been in the habit of collecting mussels, pipis. and other shellfish in the old Maori fashion. Counsel said that no intimation had been given to the Maoris that they wero prohibited from taking oysters during the close season, and, as a matter of fact, they were granted, under the Treaty of Waitangi, the right to collect shellfish, which was a staple irticle of diet with them. No prohibition—it had been stated by Henare Kaihauhad been made, and nothing in that naturo had appeared in the Maori Gazette. The Maoris of the Hauraki Gulf had received no intimation that they should not in the closed season remove oysters from beaches, Mr. Shera said that this statement was hardly correct, as previous cases of a similar character had been brought before the Court.

His Worship said he was prepared to treat the case as one of an unusual nature, and ho thought the ends of justice would be amply satisfied if the defendants were directed to pay the costs, 17s 6d each, Reuben Connolly and Henry Peachey, who admitted that they had taken oysters at Crusoe Island on March 31, were" fined £2 each, with costs.