Hearing on water right called off
A North Canterbury Catchment Board tribunal hearing of an application to vary a water right did not proceed on Thursday after the wording of the application was questioned by counsel for two objectors. The Hurunui County Council had applied for a
variation of a water right application for Ashworths No. 3 drain. The Royal Forest and Bird Protection Society, and Messrs R. M. Mathers and R. M. Mathers, jun., objected to the application. The Lands and Survey Department was also present at the tribunal hearing to make submissions. The tribunal was Messrs D. M. Palmer, A. W. Gillespie, and P. Sheehan. Mr C. B. Atkinson, Q.C., for the Mathers, said the Hurunui County Council was applying to legalise a discharge that had been made for two years. “What has happened is that the right obtained has not actually been used. They have used a completely different right,” Mr Atldnson said. He said that the application required the drain to be built through Crown Land, “and I don’t believe the Commissioner of Crown Lands is present.” Mr Palmer said that there were potentially other objectors to the application.
Counsel for the Hurunui County Council, Mr N. R. W. Davidson, said that the application was clearly a re-, tro- act of validation. “This is an unusual case in that the applicants can say that this is what they seek the application for because it is there,” he said. “The question for the tribunal is whether anyone is likely to be disadvantaged,” Mr Davidson said. “It would seem to be a possibly wasted day if we might have to . go through the whole process again,” Mr Palmer said. After an adjournment, Mr Davidson said that the council recognised the possibility .of action being taken before the High Court if the matter was not dealt with properly in the first place. The hearing closed on the understanding that the council would prepare a fresh application, and that no action would be taken in the High Court against the council in the meantime by any of those present at the hearing.
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Press, 25 June 1983, Page 14
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352Hearing on water right called off Press, 25 June 1983, Page 14
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