RACING CLUB'S BREACH

Chronicle (Levin), 2 November 1946, Page 6

RACING CLUB'S BREACH

Built Without Controller's Consent NOM1NAL PENALTY IMPOSED A case of considerable interest came before Mr. A. M. Goulding, S.M., in the Magistrate's Court, Levin, on Friday, tne Levin Racing Club being eharged • that on or about August 27 last it commenced constructional work on its course without having first obtained the consent of the Building Controiler. The procedings concerned the reconstruction of the club's totalisator house. Mr. N. M. Thomson represented the Building Controlier and Mr. M. B. Bergin, .of Foxton, appeared for the club and pleaded guilty. v Mr. Thomson told the court that the charge was laid under the Building Emergency Regulations, 1939, and subsequent amendments. The effect of these regulations was tnat whether or not a permit for building work had been granted bj a local body, the consent of the xmnaing Uontroller had to be ootained before it couid be proceeded with. This appiied to new a'oi'K, alteration or reconstruction. in this case the club had carried jut uie reconstruction of its totalisator house without first obtainiiig the controller's consent. The ouilding had been erected in a new josiuoii aua had required a new

concrete base, on which iargely oio timber had been used. Whetner the club would have been given permision to do the work had it appiied to the controller did not anect the case. As to the penalties for such breaches, the maximum provided was £200 in the case of mdividuals and £1000 in that of corporate bodies or companies. The magistrate asked what quantities of new materials were used in the work.

Mr. Thomson replied that as far as the work had progressed on August 27 new material used comprised from 800 to 1000 superficial feet of scantling, 100 superficial feet of weather boarding and four yaras of concrete.- All the roofing was second hand. For the club, Mi. Bergin said' it was not a case of defiance of theo regulations nor of wilful evasion. The club's course' had been in occupation by the military authorities for about three years, and was finally vacated in August, 1945. About a year ago the Minister of Internal Affairs had issued an edict that no club could race on anothcr course unless its own ' was-'StMh.im military occupation. Levin had raced at Otaki during the war period. The damage "done to the* Levin course by the military was/extensive, continued 'Mi\ . Bergin. Metal roads had been coiistructed over the course,- buildings had been 'erected in the oval and elsewhere, and tanks had been-driven all ovef the property. NegOtiations iri.' the settlement of the amount of com-

pensation had been protracted, oecause of the extent of the damage and the fact that the ground was vested in two bodies — the nevin Racing Club and Horowhenua A. and P. Association— and each.had claims. The totalisator house was merely a shell when handed back, said Mr. Bergin. Partitions had been taken out and window frames shifted. Practically every window in it was broken, though he understood this was not the fault of the military. Before vacating the ground the military had asked if it should arrange with the Public Works Department to restore the grounds and buildings, or if the club would accept a sum of money and do the work itself. The club had decided on the latter, preferring to do the work itself. , After the settlement the club purchased army liuts and buildings to use with the material in the totalisator house so it could enlarge the building. When the decision to proceed was reached, the club thought it had all the material it required from these buildings. It had stripped down the corrugated iron boundary fence to provide sufficient rodfing. No eontract was let, but the president had seen two carpenters, who said they did not have much work and would do it. Men were gathered in irrespective of whether they were carpenters, while ten of the club's members had worked on it as labourers so the work could be completed in time for the club's meeting on November 9.

Mr. Bergin went on to say tnat although the club was adding 15 or 16 feet to the building, the Stewards regarded it as a repair job because they were using their own materials. The stewards of the club were not the type who would coipmit a flagrant breach of a regufation, but had done it in ignorance. The club had made no profit from the payment made by the military, all the money being required to restore its property to pre-war condition. Further to that, thc club had incurred an expense of from £500 to £600 pvery time it had raced awq,y from its course during the jhilitaxy's occupation. f Miv Bergin submitted that very few -rpeopip were conversant with the Blrectwes issued from time to time.tay thte Building Controller. It was commonly belicvcd that repair' work did not rcquire a permit. In i convictin'g the club and; imposing a fine of £5, the. magis-'' trate said that if it had been a case of a. club governed by responsible men defying the controller and using large quantities of materials and labour which would have been available for essential housing, the penalty would have been a heavy one. The quantity of new material used had been trifling, and, having regard to the fact that tlie work was" necessary as a result of military occupation, the case was not one for a heavy penalty.