SHELLS ON SEA BEACHES.

Star (Christchurch), Issue 17013, 11 April 1923, Page 8

SHELLS ON SEA BEACHES.

PROSECUTION FAILS. An unusual case was heard in the i Lyttelton Magistrate’s Court to-day when Thomas Morris Hunter, Harbour Master, proceeded again William Growratt and A. J. Smith for taking away shells and sand from the sea shore below high water mark, contrary to paragraph 270 of the Harbour Board’s bylaws. Mr Sim ape pa red for the two defendants and Mr J. H. Buchanan for the Lyttelton Harbour Board. Mr Buchanan said that a good deal of shell and sand had been taken in the past from the foreshore in tli© and about a year ago the board had issued permits to dredge for shells on the flats at Charteris Bay. I ©low high water mark. In the present case the two accused had taken sixty sacks of shell from the Rapaki beach and when approached by the Harbour Master stated that they held a dredging license hut that a Mr Walker, the owner of a launch, hold it in Christchurch. Much argument took place regarding v bat constituted high water mark, and whether it was not a fact that most o" the larger shells which constituted the contents of the sixty bags were not j always found above high water mark Mr Sim contended that the case had I been brought up as a test case. He. I asked that it should he dismissed on j the grounds that the Harho»- Hoard | had exceeded its power in prohibiting \ the taking of shell from the foreshore ; above high water mark. .A per calling on Captain Hunter to I re-enter the witness box to answer rer--1 tain questions, the Magistrate dismissed tiie case.