Leftist governments don't respect property rights

What the hell is going on here? Is this part of the same New Zealand lefty culture that finds a lying PM and Labour ministers have "no case to answer"? Is there such a thing as property rights in this country any more? (this news item appears to have been buried pretty deeply in the Herald online)


Police investigation clears officer of stealing shellfish

26.04.06


A police investigation has cleared a Northland police officer of theft after he helped take hundreds of oysters from an oyster farm without permission.
Police caught off-duty Kaikohe officer Senior Constable Robert Hippolite and two other men, named as Mark Apiti and Manuel Kahura, with about 600 oysters in a boat near the Waikare Inlet oyster farms last December 29. The farm's owner, Alan Brain, said he had seen the men taking the oysters and rang police, who caught the trio.

However, a police investigation has cleared the men.

Theft charges were dropped early this month.

Northland police boss Superintendent Viv Rickard said that after a thorough police investigation a legal opinion had been sought.

"It was clear from the investigation that the people gathering the shellfish believed they were entitled to gather the oysters. The legal opinion recommended no prosecution take place," Mr Rickard said.


Mr Brain said he had "never given anyone a right to take oysters at any time".

His oysters were still of commercial value because he could transfer them to clean water on a second oyster farm at Kerikeri and on-sell them after two months, according to Northland Health criteria.
Mr Brain was concerned at health risks to the community with "tens of thousands" of oysters being plundered from the Waikare Inlet farms - and he was concerned at the precedent set by the decision not to prosecute. He was now in a bind if he caught others taking his oysters.

"I am now at an absolute loss as to how to protect my property as a law-abiding citizen. I totally rely on the justice system to protect me. It's either that or I protect myself."
Mr Dickison's letter to Mr Brain said none of the Waikare Inlet oyster farmers spoken to by police had given a general mandate to remove oysters, but some had given individuals permission to take oysters on a restricted basis.

Sergeant Brian Swann, of Kawakawa police, who initially investigated the case, told Mr Brain to put up signs warning people the oysters were off limits.

Mr Brain said his signs had been destroyed in the past but he would put them up again, and his farm was clearly marked as private property.


http://www.nzherald.co.nz/location/story.cfm?l_id=139&ObjectID=10379041

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