TRESPASSING.

Timaru Herald, Volume CXXIII, 9 April 1927, Page 8

TRESPASSING.

ON FARM TNG PROPERTI ES. ADEQUATE REDRESS SOUGHT. With the object, if possible, of securing amended legislation giviitfh larmors inure adequate redress against trespassers on freehold or leaseuokl properties when in pursuit of imported or nativo game, the Committee of the Timaru Agricultural and Pastoral Association, decided at its Alarcli meeting to approach the Alimsters of Justice, Internal Affairs and Agriculture in tne matter. At yesterday’s meeting of the Association, a .reply was received from the Hon F. J. itolleston (ADmster of Justice) who stated I hat the law on the subject was as follows : “(1) Section (i (c) of the Police Offences Act, 1908, provides that every person is liable to a fine not exceeding £lO, or to imprisonment lor any term not exceeding three mouths, who wil-. fully trespasses itu any place and neglects or refuses to leave such p aee after being warned to do so by the owner or any person authorised by or on behalf of the owner. “(2) Section 38 of the Animals Protection Act, 1921, provides that every person commits an offence, and is liable to a fine of £5 who commits any trespass by entering or being on private land in search or pursuit of- imported or native game; and every pei'son found trespassing on private land with any dog, or with any net, gun or other appliance shall, unless and until bo proves the contrary, be deemed to be an. pursuit of imported or native gamo; provided that any person charged with any such trespass shall be at liberty to prove by wav of defence any matter which would have been a defence to any action at law for such

trespass. “(,3) Section 7 of the Police Offences Act, 1924 (as amended by the Police Offences Amendment Act, 1926) provides that every person commits an offence, and is liable on summary conviction to a fine of £lO or to imprisonment for three months who, without lawful excuse (the proof of which excuse shall be on him) but in circumstances that clo not disclose the commission of, or an intention to commit, any other offence, is found at any time in or on any building, or in any enclosed yard, garden or area, or in or on board any ship, launch, dredge, yacht, boat or other vessel. (4) In addition to the above statutes, which are penal in their character, the law also provides a civil remedy by way of action for damages against anyone who trespasses on property.” Air Rolleston lurtlier stated that the law on the matter was fairly comprehensive, but if there was any specific amendment which the Association would suggest, he would be glad to consider it. The Alhiister of Internal Affairs (Hon R. F. Bollard) also acknowledged receipt of a resolution from the Association urging that provision be made relative to “trespass.” The Minister stated, that he .d taken note of the terms of _ the resolution, which would receive his careful consideration. "Writing as the Alinister of Agriculture m regard to the same matter, the Hon O. J. Hawken, stated that he would be pleased to confer with his colleagues on the subject. Tiie secretary to the Canterbury Sheepowners’ Union, (Air W. H. Nicholson) wrote stating that acting on a suggestion made by the Associai on, representations had been made to the Alinister of Justice regarding the obtaining of more adequate redress against trespassers on funning properties. Air Nicholson stated that he had received a letter from the Alinister, asking him to forward suggestions with respect to any specific amendment to the Act, which would more adequately meet the position. Air Nicholson asked the. Association to furnish him with fuller particulars of requirements in connection with trespass, so that the legal adviser to his Federation might have grounds of complaint before him when framing suggested amendments to the Act. The President (Air H. B. S. Johnstone) said that ho did hot know' what further action the Association could take. The annual conference of the Royal Agricultural Society was coming on soon, and ho suggested that a sub-committee be set up to frame a remit to be forwarded to the conference. Mr G. A. AI. Alaedonakl asked if the whole of the resolution passed at the last meeting had been forwarded to the Alinister of Justice. Continuing, he said that he had spoken to the Alinister personally, and his opinion was that farmers were adequately protected, but he had pointed out to the Alinister that this was not so. The secretary (Air FI. H. Fraser) informed l the meeting of the terms of the letter forwarded to the Alinister, Air Macdonald agreeing that the letter was even more explicit than the resolution passed. The president said that if the Minister came to Tiniaru and took evidence as the Association desired, then he would got some idea c f the position. Air N. AI. Orbell said that a small sub-committee should bo set up to meet the Alilnister at his convenience. He moved along these lines, naming the president and Messrs P. R! Talbot and G. A. AI Alacdonald as the committee. The motion was carried.