WARM PROTESTS

Evening Post, Volume CVIII, Issue 128, 26 November 1929, Page 10

WARM PROTESTS

ENCROACHMENT PEES

CITY COUNCIL'S POWER

Warm protests against the City Council's proposal to increase encroachment fees were voiced at a meeting of Hataitai residents, held last evening under the auspices of the Hataitai Municipal Electors' Association. Mr. H. E. Searle was in the- chair, and there was a fair attenadnce of those who will be affected by the increase, if made operative. !

The chairman said that tho meeting was called to see what steps should be taken in continuation of the protest raised at the meeting on 29th July, at which a motion was passed protesting against the proposed charges, and asking that the City Council should reconsider the question. The matter had been discussed by tho Civic League, and it was understood that the City Council intended to charge eneroachers below the road level 2s 6d a perch per annum, with a minimum of ss, and those encroaching above the road level 5s a perch. The Civic League was endeavouring to discover the reason for the discrepancy. When the matter was before the League, the Hataitai delegates mentioned that in a number of cases residents had spent a consider-' able amount of money on their sections. They couia not see why different charges should be levied.

Mr. W. Feilding said he could not understand why there should be a difference. The proposed charges relieved those below the road level, but at the same tim« those above were still affected, and more of them should have been present.

The desirability of considering whether the City Council had - any power to levy encroachment fees on suburban residents was stressed by Mr H. F. Allen, who added that it had been said fairly freely that the council had really no right to make a charge. The Chairman: "I believe they have." . .

THE MAYOR'S ASSURANCE.

Mr. Feilding: "The Mayor assured me that they ppositively have." Nevertheless, if the power were there, it was strange that the council had taken no steps to enforce payment. He knew of residents who had paid nothing, and who had not .had. an account. That suggested either that the council was dilatory or recognised it had no power to take defaulters to. Court.

Mr. A. Burt stated that the fact that residents were asked to sign agreements made- it appear that the council had no authority to demand payment. The agreements were probably designed to meet cases where properties changed hands, said Mr. Allen. If the matter were left to individuals, some might put their fences back and others leave theirs as at present; that would result in a very unsightly road. Mr. H. Hart, asserted that the council was. exploiting, the.residents, and really did not want the road reserve for itself. He knew of one man living below the road who would pay £5 under the proposed charges. ; Mr. Burt said it seemed a fact that when a newcomer arrived in the district the fee for the encroachment was increased.

A suggestion that the residents stand out for a flat rate of 5s per annum, or wait for the council to show its hand was made by Mr. Hart.. He was sure the council did not want to have to keep the ground in order. Unfortunately, said Mr. Allen, the case was spoilt by the fact that some were voluntarily paying higher rates than others.

The Chairman: "If some object and put their fences back, the road will look like a dog's hind leg." "When Mr. Allen and I waited upon the council as a deputation, we threatened to put our fences back rather than pay any increase," said Mr. Feilding, "and they said, 'Oh, you won't do that.' "

UNANIMITY ESSENTIAL.

Mr. J. Benjamin emphasised that unanimity of action was most essential.

The chairman said that some of the encroachers had received notices from the City Council giving them a specified time in which to put their fences back, or action wouia be taken. That time had long passed, and nothing had been done by the City Council. , It was a physical impossibility, Mr. Feilding maintained, to piit fences on some of the- steep slopes. Apparently the council had realised that, hence the concession for those- below the load. Mr. Allen said that the council might have the power to charge for the encroachments, and might leave the fixing of the fees each year to the Bylaws Committee,- which could fix them at £5 ss.

The chairman said that he understood that where a garage was erected on an encroachment the council had the right to charge rent.

"THREATENING "LETTERS."

It was mentioned that up to the present there had been no prosecutions for failure- to pay. Threatening letters had been sent, but they had not been followed up.

Mr. Burt suggested that even if it were found the council had power to charge, a case might tie taken to .Court as a test with the residents wholeheartedly behind it.

It was resolved to seek a legal opinion as to whether the council, had authority to charge for encroachments when such encroachments did not carry buildings, and if so, whether the council had power to fix the rentals.

Mr J. Benjamin agreed that if the decision were not in the residents' favour, it would be desirable to Have a test case to settle the matter once and for all. He offered to be the defer dant, if necessary.

Th matter was left in the hands of the chairman, who promised to refer to it at to-morrow night's meeting of the Civic League, and to ascertain from what source the legal opinion obtained by the league, that the council had the requisite power, had been procured.