STATE HOUSE PIPES

Dominion, Volume 37, Issue 230, 27 June 1944, Page 3

STATE HOUSE PIPES

Question Of Liability For Connexion Fees Hearing of appeals from a of Mr Justice Blair, which touched on the liability of the State to pay a local body when connexions are made between land owned by the State and the local bodv’s water and drainage systems, began in the Court of Appeal yesterday. Plaintiff in the original case was tne Hutt Golf Estate Company, Limited, whose managing director is Mr. J. Stenin, and defendant the Lower Hutt City Council. The company had agreed with tne council to lay di-aius to the company s building allotments, the council undertaking to reimburse the company to the extent of £4/10/- as the council received that sum from the owner or purchaser of each allotment. It agreed not to grant a building permit till £4/10/- was.paiaA similar arrangement was made in. respect of water service, the company having to lay the pipes, aud the council undertaking to refuse water supply to an allotment till its owner had paid £o, which the council was to pay to the company. Die company sold tne remainder of its sections to the Crown, which built State houses on them. The Crown claimed that no building permit could be demanded from it because it was not bound by the by-laws. , . Pointing out that the event on which the drainage fee became payable had not occurred, Mr. Justice Blair entered a nonsuit in respect of the drain connexion fees. The usual and reasonable fee .fbr water connexion was, by virtue ot the common law, a liability on the Housing Department, he held. The council had a right to refuse a water connexion till a fee was paid, but it had allowed the department to take water without lees. He gave judgment for the company for £2BB, being £3 for each of 96 water connexion fees. The Court has before it an appeal by the company on the question regarding drains, and a cross-appeal by the council on the question regarding water pipes. On the bench yesterday were the Chief Justice (Sir/Michael Myers), Mr. Justice Smith. Mr. Justice Johnston, Mr. Justice Fair mid Mr. Justice Northcroft. Mr. F. C. Spratt, with him Mr. A. E. Hurley, appeared for the company, Mr. H. F. O'Leary, K.C., with him Mr. N. T. Gillespie, Lower Hutt city solicitor, for the council, and Mr, C. H. Taylor for the Crown. The Crown is not a party to the case, but is represented by Mr. Taylor as a" “friend of the Court.