FENCING OF DRAINS

Bay of Plenty Beacon, Volume 9, Issue 58, 3 April 1946, Page 5

FENCING OF DRAINS

QUESTION OF RESPONSIBILITY COUNCIL FEARS PRECEDENT An important decision to accept no responsibility in the question of fencing drains adjoining roadways within the County was arived at by the Whakatane County Council at its last meeting. The subject was discussed fully and it was felt that if it was agreed to do any work of this nature in individual cases the precedent created would mean an endless number of similar undertaking for which it would be impossible to find excuse.

The matter introduced by a statement from Mr. J. B. Gow of Edgecumbe, who claimed that a length of id chains of road drain fronting his property was repeatedly giving him trouble in that travelling stock frequently got into the drain and had to be dug out. He requested that the drain be fenced with a three-wire fence, Council to find the material and he to do the work.

Cr Luxton: This opens a big question. It is a thing which I have repeatedly brought up and its outcome' will be dependent upon what poKcy the Council adopts. The question is—is this a County drain because it adjoins the road? If we go so far as to fence then we will. be expected to clean them soon.

The Clerk stated that he had had numerous enquiries from time to time and the general policy as he understood it was that if the drain was essential to the maintenance of the road the County was willing to pay in part or in whole. Cr Luxton: What about in ridings where there is no draining? If the drain was put there to build up the road it is a question of merely a watertable to drain the road and should be maintained as such? Cr Hunter: I tried the Council out on this years ago, and it wouldn’t do anything. Cr Burt: This is a thing on which we should get legal advice; I think we did get an opinion on this years ago, and as far as I recollect we decided to treat each case on its merits.

Cr Hunter pointed out that even with the best protection, the mobs of cattle on the roads today pushed the fences down and walked into the drains and he thought the Council would be unwise to accept any responsibility. The Council decided as above.