THE FISHERIES LAW.

New Zealand Times, Volume LXXII, Issue 4734, 16 August 1902, Page 4

THE FISHERIES LAW.

Tho Fisheries Bill, which the Legislative Council altered undesirably in committee on Wednesday, and was unable to go on with yesterday, contains some necessary provisions. These owe their necessity to the judgment of the Supreme Court to which wo alluded last week. Firstly, the Bill proposes to better the definition of the term “private waters,” to which the Supreme Court has given a meaning disastrous to all the interests of a valuable fishery. Secondly, tho Bill proposes to specifically confer on the proper authorities tho powers of regulation and of the imposition of foes which they ought to have, which everybody has regarded them for years as possessing, and wfiich the Supreme Court has decided they do not and have never possessed. Thirdly, the Bill proposes, very properly, to devote tho fees and fines to their natural object, the development of the fisheries. As the Hon Mr Walker, the Minister in charge of the measure, said, the Bill tries to do in a reasonable way all that ought to bo done at present. There is, however, one thing more which the Bill ought to include. A Supreme Court judgment has just practically invalidated everything that has been done under the Act of the Legislature. Obviously, all that ought to* be validated without delay. It was done not only in good faith, but in reliance on a law which has been set aside. The law, having been authoritatively declared at fault, ought to be so amended that all the consequences of the flaw shall be

averted. Under this head, nothing bettor can bo said than the resolution of tho council of the Acclimatisation Society, that a validating clause bo introduced “ making valid all actions done in tho past under what, until tho recent judgment of the Supreme Court, was regarded as proper autHority.’* Tho undesirable element was supplied by the Hon Mr Rigg’s now clause, which tho Council, much to the surprise •jf tho country, carried. The Minister in charge protested that the opening luring daylight of all private lands to tho holders of fishing licenses was an interference with private rights now existing. The Hon Mr Ormond declared that this implied a payment very heavy in the aggregate. Tho Hon Mr Bowen objected that in this way people may camp on private lands indefinitely. On tho other side, it was held that it was necessary to prevent tho arising of vested rights in fishing. This was the view of the Hon Mr Arkwright, who reminded tho Council that tho Maoris now have, under tho Treaty of Waitangi, tho right to fish in any stream in tho colony. But the Maori right being an ancient right conserved by treaty, is not relevant. It cannot become tho basis for a right in a fishery which did not exist when tho land owners acquired their property. It is, moreover, not necessary to force the land-owners, for they are in no way obstructive of tho legitimate fisherman. As it is, they have occasion to bo longsuffering, on account of fires in ornamental bush, depredations in orchards, and damage to fences. Why should their right ho invaded, for the sake of an imaginary possibility, by an illimitable rush of careless people? The landowner may bo tho most valuable ally of tho ranger if he bo left as he is. Take away his rights, and the difficulty of detecting poachers will become an impossibility.

After all, under the bettered definition of water rights, the land-owner can possess no more in the fishery than anybody else. The Legislative Council may yet throw out the clause. If it does not, we shall have the unexpected spectacle of an appeal to the Lower House to prevent hasty legislation by the Revising Chamber. Mr Twomey made a well-intentioned attempt in that direction, by moving to conserve the right of owners to the exclusive use of their own enclosed waters; but ho began by shutting out the natural lakes, and so made matters worse. As ho has agreed to accept an alteration, hy which the natural lakes will not be closed, the Council may at least diminish the area of damage which its hasty legislation proposes. If not, the country will have all the more reason to reverse the usual process by thanking Heaven that there is a House of Representatives.