KIRKBRIDE'S ROAD

Bay of Plenty Beacon, Volume 7, Issue 33, 14 December 1943, Page 5

KIRKBRIDE'S ROAD

FENCING STILL IN QUESTION

LEGAL OPINION SOUGHT

After what was considered decent interrment, following the magisterial finding in a recent court case, the question, of Kirkbride's road once again cropped' •up at the Whakatane County

i cil meeting last week when a letter was received from Mr G. Kirkbride asking that the matter be finalised along the lines directed by the court.

The. letter read: "The short length of fence that lias been erected along a portion of Kirkbride's Road has in no way prevented stock from being continually on the. road and I would respectfully ask that action be taken by the Council to have the road fenced olf from the adjoining property and all obstructions removed from the road in accordance with the requests in my petition to the. council.. Some time ago T requested the council to fence the length of road through my property. [When I gave the land for the road •and contributed £100 for this portion. I was assured by the chairman •that I would have no .further expense regarding it but. was asked to leave the. matter of fencing until ihe whole road was completed. When the time had expired for the removal of the gates near the Raroa Creek bridge.,. M.r H. Wardlaw claimed, these gates as liis property and replaced them when they were removew. As I have been prosecuted and fined when they were represented by the Solicitor for the County as County gates ereeted by the council, I would be obliged' if the council

would let me know who was correct in .claiming ownership of the gates."

The letter brought Cr McCready Jo Ms feet asserting that the ease had dragged on too long already and before the council got ,kicked in the pants' any more it should seek proper legal advice and find out just where it stood. Far too much time had been wasted on the Kirkbride question * already, the •council all assuming that the complainant was in the wrong and had no case. He would- he against taking any further such risks.

The council decided "that Mr Kirkbride's letter of the 27th November be .submitted to the County Solicitor for opinion—that opinion to include, statement of liability of owner to fence off a public road or his liability if he removes his .road fence."