COUNCIL NOT LIABLE

Bay of Plenty Beacon, Volume 9, Issue 2, 31 August 1945, Page 5

COUNCIL NOT LIABLE

CREAM STANDS AND ACCIDENTS

RESPONSIBILITY OF OWNKRS

As a result of the Rangitaiki~ • branch of the N.Z. Farmers' / Union enquiry requesting particulars with regard to the lia. '

bility of cream stand owners on public roads, a most interesting discussion took place at ' the Whakatane County Council meeting last Tuesday.

The chairman (Mr J, L. Burnett) said that the clerk had ascertained that there was no liability on the Council as far as potential, claims arising from accidents were concerned. It was necessary to have stands, of though the position at present was. he bad to ad-» mit } most unsati&factory. He noted that where main highways were constructed provision was made by a. loop road to reach cream standswhich w r ere on private properties. It was a pity that this, was not the general rule everywhere.*

Cr McCracken stated that many of the stands were on the wrong; side of the road and were definitely dangerous where they were situated on a corner. Their position placed the drivers of cream lorries often, in a very dangerous- situation.

Cr Wardlaw: It should be illegal "or stands to lie erected less than

a chain from any corner.

Cr McCracken: In my opinion no stand should be erected without permission from the Council.

The chairman stated that at the present time the control of building in this respect was beyond the cil's authority. There was } however a distinct responsibility on thb dairy company to see that their suppiers placed their stands in suitable positions.

The clerk stated that where sonable care was exerciser accidents were remote. In a letter which he had despatched to the Rangitaiki Unioiii he had stated that in some counties it was customairy to register all stands and to levy a charge annually. In this way the County concerned would be but as it stood in Whakatane the person constructing the stand was

liable, and though it was possible that the County Council might be linked in the the chan~ ces of a successful action were remote-

On the motion of Cr Hunter it was decided to notify the' .dairy com- ,

pany requesting it to notify all owners of dangerous stands and asking them to have them shifted to safer positions.

It was further resolved that the Executive of the Counties' Association be asked to bring before the Government the necessity for legalising the erection of cream stands on roadsides. *