THOSE STOP BANKS.

Gisborne Times, Volume XLV, Issue 3984, 17 July 1915, Page 2

THOSE STOP BANKS.

A WORD OF OPPOSITION

DEPUTATION TO COOK COUNTY COUNCIL.

CONFLICTING _ LEG A L OPEN lONS

A .deputation, consisting of Messrs. John Clark and G. V. Smith, waited upon the Cook County Council yesterday, and presented the following petition, signed by 39 settlors : — • “The following ratepayers of.Pa.tutahi view with alarm tiro action of the Coun,t.v Council in giving the settlors of \Vaerongn-a-hika permission to cross the County roads with stophanks. As wo look upon the Council as guardians for .the district as a whole, we cannot understand it being in sympathy with a scheme that would bo so disastrous to another part of the County,‘not only.to private property hut to*roads and bridges in the Patutahi and To Arai ridings. As the motion was carried when only seven councillors were present, we ask you to carefully consider the 'matter, ami wo hops when you nnderr.taml the serious effect such a bank won.cl have voti will reseend the motion.” Cr Witters said be was in the chair when the Council had granted permission to the settlers to erect the bank. The Council in the action it took was guided by the opinion of its soli dor. Since then an opinion had been received from Mr Martin, of Auckland, which was entirely different to that given bv the local solicitors. AccordHip to Mr Martin’s opinion, the Council’ would be liable if they allowed settlers to erect a stop hank to ad damage done to settlers lower down. ||o personally would he. agreeable to reseend. the permission they had given to erect stop banks. Mr Clark said they were not there to argue the legal position, hut to uige that the. Council should safeguard tlm rights of all the ratepayers. "file Chairman said that he uniortimtely had been del-yed in Napier when the last meeting had been held. He, however, was oppn ed to the action the C". u:i:-d ton:; in granting permission to ere: t t-iio stop banks. Apart from the 'damage Which might l)o done to other settlers, the C.onu'iJ had its own roads to protect. Cr Matthews said that m view <>i the advice tliev had received from their solicitor ‘the Council had no other course open hut to grant permission for the erection of the stop * Mr Clark then thanked the Council for having’ received them, and the deputation withdrew. tv Lysnar held that too action ot the Council in granting the permission was illegal, as a notice of motion was required in order to alter anything 'which had boon decided at a wot ions meeting. . Cr Holden then gave notice to I move at next meeting that the Coun- | ,-es.i :d the motion to grant- permission to erect stop hanks. 'Jdio Clerk then road Mr h’tock s opinion, pointing out that flood was a common enomv. and any settlor had a perfect right to take steps to protect pis property by the erection of banks. 'flip Chairman said that he gathered from'this that settlers could ere-t banks, but the Council could not •"rant permission. , ''(*,■ .Jones: Then the Council woulu also have to take steps to protect its own roads. The Chairman: Certainly, rv Tones sail he took it that the notice of motion mil, in by Cr Holden would onlv refer to the permission granted by the (bin.-:!. they voubi not stop the settlers erecting too

banks. , , ~, Cr Witters said that lie felt suio that if the settlers were informed that there were doubts as to the legal itv of granting permission for stop banks to be taken across the County roads they would be satisfied. 1f: was certain that none of tne seu.eiwidled to involve the Couiv a in liea'.v lemil expenses. Air Afartm s o]nny>.» was very interesting coining at this sta°v. According to Air Alartm, those settlors who had already erected Stop banks would bo liable tor any damage done. ' t '('lie Chairman suggested that o'dnion should be obtained iron: t.ie solicitors of the Counties’ Assoeia-

"(Y Lvsnar; Lot those interested obtain legal opinions. Y\hv should j lit.' Council bo put to tno expend _ . 'J'iio Supreme Court, will soon sott-io whether the opinion of the local solicitors are correct- or not. Cr Matthews: Wo p~ay a suhsenp{fon to the Counties' Association, anti are entitled to the benefits of membership. He moved that Mr Martin bo again written to, enclosing Mr block s opinion. , _ . , Cr Jones so.coijJed the motion. Or Revnokl si\i<l tlio Council ua< every right, to the advice, but even d Mr Martin said the Council had r»o _> to <dve permission for these stop banks to cross County roads ho for one would not be in favor of it. 'Plie Chairman : Neither would i. The motion was carried. MR MARTIN’S OPINION. The following legal opinion from Mr T V Martin, counsel to the XSc" Zealand Counties’ Association, submitted to the Grey County Council on November 26, 1905, was read: “Subject: Re River Overflow. Qm - lion.—The mam Grey River wlun n flood overflows its banks at t !,■ -i farming district m the oouu ty! thereby doing considerable damage to the farms in that local i-} . . t event of the County, or the lOSuU.iit. affected, erecting protective worksT direct the force of the current ton aid. the opposite bank, would. tm . ■ “.•SSSUSSSSS S> f® ”f r st ;£ whether a public- road, nmhi tincontrol of the County, J ' IUI on the side on winch it ovci “The riparian owneis on tl P ot overflow may not erect J t toctivo works that will have of throwing the water on to the S[,po S Tsi<lo to tho <l»m«S» ol u.O riparian owners on tlrot sk . |S c, fb v ' fe*-? m, s Biigi., «/*»;, Udy, 1904 , 2d N'/d.-lC tm, i C ° o, t ) nc County P Council has 110 that I am. aware of to act m J c kdSTlajotikot n •it i« tomul (Icsirobltt for ,r S "[etT,r proporp.KnnU.no, wo o. ssAssto.^ 4 ritldd’rTolK- «T partial IV,1V, an.l £&s? : #siSE rtifS,:rx s ’«H,r V 1 Whose authority such works in- > J executed- or power cxernsod ’ Jt would'he well, therefore, if tho imm So h !nmmrreimcf of nil the kandownevs affected or likely to be idfected b> tlio. execution oi: the v.oik.