LOCAL BODIES' POWERS.

Press, Volume LXI, Issue 18404, 10 June 1925, Page 8

LOCAL BODIES' POWERS.

AN INTERESTING JUDGMENT. (pKESS ASSOCIATION TELEGRAM.) PALMEBSTON N, June 9. Eeserved judgment in an unusual and interesting case concerning the power of local bodies in the matter of enforcing the tarring and sanding of roads through private properties has been delivered by Mr Justice.Eeed. The case, heard in the Supreme Court, was one in which James John Casey proceeded against tho Palmerstou North Borough Council to recover £465, being moneys paid under protest as a deposit on the future work of tarring and sanding a road and paths made by plaintiff in subdividing his property. Mr Justice Eeed said the law now was that the owner of the land who subdivided it for purposes of sale or lease shall make provision for public streets, and cannot be compelled to provide' private streets. A local body could not arbitrarily refuse to accept dedication of a road or street, nor impose conditions not authorised by the Statute. It could prescribe the thickness of metal to be placed on a road, but had no authority to require the tarring, and sanding thereof. In the case under review the Council had authorised a new street, not a private street, which later required to be tarred and sanded according to the by-law. In regard to defending counsel's remarks that the procedure of granting a certificate was only a short cut, his Honour said the effect was that the Council had adopted an ingenious method of getting over a difficulty by requiring it to be constructed as a private street and then taking it over as a public street. Judgment was given for the full amount of the claim. ,