RAILWAYS WILL CO-OPERATE WITH DRAINAGE WORKS

Bay of Plenty Beacon, Volume 15, Issue 25, 24 April 1950, Page 5

RAILWAYS WILL CO-OPERATE WITH DRAINAGE WORKS

Wellington, this day,

“With reference to your presentations that the Railway Department should assume responsibility for the cost of lowering railway culverts where this is necesary to provide improved drainage of adjoining lands, I wish to advise that it is not the policy of the Department to object to necessary works of this nature, but rather to deal with such applications in a neighbourly spirit and co-operate fully with the owners, so that the improvements may be done,” said the Minister of Railways, Mr W. S. Goosman, replying to a Federated Farmers’ Dominion Council resolution embodying this request. The Department could not, however, undertake expenditure on work for which it was not legally responsible, and he pointed out that where the cost of improved drainage was concerned, the matter wa9 governed by the Land Drainage Act, 1909. Under that Act a landowner who wanted drains on adjoining land deepened oi: improved, might apply to the owner of the land in question for permission to do s the work. The adjoining owner could dissent in which case, the matter might be decided by a Magistrate, (sitting with two assessors). The work could be approved Without compensation, but in any event, the applicant was Required to pay for the work done. “The Land Drainage Act does not bind the Crown, but it cannot be said that the Department takes advantage of this fact since the only difference in the case of drains on railway land is that the adjoining owner cannot enter and do the work himself unless the Department so agrees,” said Mr Goosman.