BOROUGH BOUNDARY QUESTION

Bay of Plenty Beacon, Volume 2, Issue 125, 19 February 1940, Page 5

BOROUGH BOUNDARY QUESTION

EVIDENCE BEFORE COMMISSION MAORIS OBIECT TO INCLUSION OF PA LENGTHY SITTING ON WEDNESDAY A Commission, comprising Mv E. L. Walton, S.M., Chairman, Mr K. M. Graham, Commissioner of drown Lands, Auckland, and Mr E. A. Meredith, District Valuer, Rotorua, sat in the Court-house on Wednesday to consider the petition of the Whakatane Borough Council for the inclusion of the Maori Pa area and the Heads area in the Borough. The case for the Borough Council occupied the morning sitting and in the afternoon evidence was heard from the representatives of the natives and the objectors at the Heads. The Commission concluded its hearing at 3.45 p.m. and its report will be submitted to Wellington.

NATIVES' CASE OBJECTIONS OUTLINED Upon resuming after lunch on Wednesday the Commission appointed.- to consider the petition oi the Borough Council for the inclusion of the Pa and HeadSi areas was addressed by Mr R. F. Smith, counsel for the Natives and the Heads residents. Mr A. O. Stewart, the only witness on behalf of the Pa interests, outlined the objections of the Maoris while Mr F. J. Adcock gave the principal evidence for the Heads objectors.

Mr Smith asked the permission of the Commission to hear the cases for the respective areas seperately as they were not altogether 011 the same footing. The Commission agreed to this and counsel dealt firstly with the objections of the natives.

Mr Smith outlined the objections and said that they were more less on the same lines as tho£e contained in the petition of 1923. Those grounds were then accepted by the Council and they did not differ materially now. Some of the natives had had electric light but there had been no j street lights in the Pa. Counsel stressed that one of the motives for the petition was that the Borough Council wanted the town-planning system and thai: was one of the reasons why the Maoris were violently opposed to being in the Borough. Some of the sections were small and if town-planning were introduced and an area taken for roads, they would be reduced still . further. Counsel was sure that the wishes of the natives concerned, would carry great weight with the Commission. Since 1924 they had been under the jurisdiction of the County Council and they had no reason to complain. Maori Representative. Albert Oliphant Stewart, a resident of the Pa for 35 years, said that prior to 1924 no money was spent on the streets of the Pa. The Village Committee was responsible for forming and maintaining the roads. The Pa had possessed its own water supply since 1-901 and it had been satisfactory until the source was polluted.

Mr Stewart said the Committee had negotiated with Sir Apirana Ngata, the Maori Land Board and the Native Department for assistance in piping the supply from the sniircc. ")"!•■> Pi wot:l(l rather bear the expense than be rated by the Borough Council. The method of sanitation was as described by the Health Officer. Details of conversations with Dr. Davis, Medical OlTicer of Health for tbe district were recounted. Mr Stewart stated that for more than I*s years there had never been an cpidemic within the area except in 1918. In that instance the Pa was the only area in the district to escape loss by death. In the Borough many deaths occurred. There was a system of housing offered by .the Government and one building was being erected under the scheme. Another would shortly be built. Under the scheme the natives would be given all the facilities for better conditions and conveniences in the way of sanitary arrangements. The town-planning suggestion was offensive because it was felt that it would upset the natives' mode of life. The natives preferred to be under the jurisdiction of the County | Council.

Cost of Piping Water. Mr Buddie cross-examined at length. Mr Stewart said that the County Council had not spent any money on the Pa roads. The Maoris had applied for the roads to be formed and metalled by the Borough Council but it was later understood that it did not have any authority. The estimated cost of piping water from the furthest source of the Wairerc Stream, the source giving most supply, was £700. Alternative source at present under inspection would reduce the cost by half. The estimate was made about six months Jigo.

Mr Buddie pointed out that since the estimate had been made costs of piping had risen and there was difficulty in procuring ft.

Mr Stewart said that the piping proposal carried a £ for £ subsidy. Nine of sixteen houses at the Pa had rain-water tanks and the other seven help themselves.

Mr Buddie: The Borough mains are laid right to the Pa boundaries and the water would be free. Do you still think it better to bear the cost of piping your own supply?

Mr Stewart; If it is the intention of the Borough. Council to give us this advantage, without in the future dragging us into the liability for rates, wo can only thank them. However, our initial cost for piping .would not, be as much as the total in rates over a period of years.

It was feared by the natives that the Borough Council might seek the cancellation of the Order-in-Council so that the Pa could be rated. "We appreciate the sentiments of the Borough Council," said Mr Stew r art, "but we are safeguarding ourselves. There will be future councils and the sentiments expressed now may be disregarded."

THE HEADS AREA ONE WITNESS FAVOURS INCLUSION Reviewing the position of the Heads area, Mr R. F. Smith said that it had never been under the jurisdiction of the Borough Council and in this respect it differed from t!he Pa. There were only two questions in this instance, water and electricity. There was a good supply of water from a spring and this was available to all purchasers of allotments. The fact that water rate was payable was one of the objections. The Chairman interrupted to observe that according to previous evidence there would be no water rate charged . Regarding electricity, counsel said that the Borough Council was not the only source of supply. Negotiations had'been in progress with the Bay of Plenty Power Board and arrangements had been almost finalised. At this stage the Chairman read a letter from the Power Board which had been attached to the Town Clerk's evidence. This advised that at a meeting of tiie Board on Tuesday, February 13th, it had been considered that the Heads could be reticulated economically by the Borough and not by the Board. i Heads Resident Called. Frederick John Adcock, a resident of the Heads, said the water from the spring was good. He detailed negotiations he had conducted with the Power Board on his own initiative some time ago. He had heard very little further about the matter. In reference to sanitary conditions Mr Adcock said that all require-

inents of the County Council and Health Department were complied with. A number of the residents were satisfied with the present state of affairs. Under cross-examination by counsel for the Borough, Mr Adcock said it had been the custom when the tide was on the half ebb to tip refuse into the sea. It was his custom. Favours Inclusion. Joseph Creek, residing at the Heads, said he was in favour of that area being included in the Whakatane Borough. He explained that he had been one of the objectors but having heard the Mayor's statement had come to the conclusion that the only way to get electricity was by incorporation with the borough. Mr Buddie had no questions, and that concluded Mr Smith's case. Further Brush with Chairman. Hubert Clive McCready told the Commission that he Avas representing the ratepayers as lie was the riding member on the County Council. In reference to the letter from the County Council which had formed part of the Town Clerk's evidence and which stated that the County Council had no objection to the Borough's proposal, Mr McCready explained that he had objected at the County meeting as the ratepayers Avere not giA-en the opportunity to discuss any reasons or objections. Mr McCready proceeded to detail matters concerned with electricity and the Power Board when the Chair man broke in. Witness said he was endeavouring to prove inconsistency. The Chairman said the matter being dealt Avith at some length by Mr McCready Avas not releA r ant. After a sharp exchange, Mr McCready stood i doAvn.