WRESTLING PERMIT

Waikato Times, Volume 118, Issue 19663, 24 August 1935, Page 10

WRESTLING PERMIT

REFUSAL BY POLICE. APPEAL COURT JUDGMENT. DISCRETION RIGHTLY USED. (By Telegraph.—press Association.) WELLINGTON, Friday. The Full Court tins morning delivred its reserved judgment in the case d the National Sporting Club versus iVolhmann and Edwards, heard on June .7, which arose out of the refusal of i police inspector to grant a permit to ,he National Sporting Club for holding «. wrestling contest on June 3 at the Wellington” Show Stadium to be between McCready and Walker. A majority of the Court, Justices, Blair, Smith and Kennedy, held that Regulation 8 of the Police Offences (Wrestling Contests), Regulations (1931), was valid and the police officer n whose jurisdiction the matter fell, had by virtue of Section 72 of the Police Offences Act (1927) unfettered discretion to grant or withhold a permit. This discretion was subject only to the limitation that it must be exercised bona fide according to the merits of each particular case. The Chief Justice in a dissenting judgment, held Regulation 8 to he invalid and that Section 72 of the Police Offences Act (1927) did not'confer an unfettered -discretion upon the inspector of police, but merely provided for police supervision and control of wrestling -contests. In his view a permit could not properly be refused if the preliminaries necessary to tht obtaining of such permit were 'complied with. Plaintiff club was ordered to pay £ls I 15s costs and disbursements.