CONFERENCE OF LOCAL BODIES.

Globe, Volume XXII, Issue 2068, 9 October 1880, Page 3

CONFERENCE OF LOCAL BODIES.

A conference of local bodies interested in the park roads was held yesterday at the Selwyn County Council offices. Those present'wore—Selwyn County Council: Mr E. J. L*e (chairman), Dr Turnbull; Riocar ton Rond Board : Messrs H. J. Hull and W. Buag ; City Council : his Worship the Mayor and Cr. Lambert; Avon Road Board : Mr J. L. Wilson. The Chairman of the Selwyn County Council, Mr E. J. Lee, occupied tho chair, Tho Chairman said ho had had ft history of tho park roads prepared, which he would read to rhe meeting. It was as follows : When road districts were created in 1863 the R coarton or Central Avon district was described as bounded on the east by the west boundary of tho city of Christchurch electoral district. The city of Christchurch ; electoral district comprised the site of the city of Christchurch, together with all the adjacent reserves lying between tho said city and tho rural sections fronting on tha said reserves. The roads known as the “park roads” were consequently not included in the Rico srton district, and remained, as they had all along been, in charge of the Provincial Government. By an alteration of the wording of the description in tha Roads Ordinance of 1869, the city of Christchurch became the boundary of the Ricoarton district, and as tha city only extends to the Lincoln road and Antigua street on the west, the roads thus came within the Riicarton district. Tho Government continued to take charge of the roads up to the date of abolition of the provinces. When tho Counties Act was oily partially in opera’ion in the county of Srlwyn, the Council, under ft misapprehension as to the facts, and no doubt guided by the previous action of the Provincial Government, passed the following resolution, March, 1877 “ That as Hagley Pork and the roads round and through the same are not in any municipality or road district, tho Government bo requested to deal with the same under tho provisions of section 91 of tho Publio Works Act, and charge the cost thereof against moneys payable to the county.” In Jane, 1879, the County Council received notice from tha District Engineer that ho hod been instructed to discontinue the maintenance of the park roads, and that he understood that for the future they would bo under the ebargo of the County Council. The Council thereupon drew the attention of the City Council to the fact that the Lincoln road was a boundary road, and therefore, with the Carlton bridge under the control of the City Council under the Municipal Corporations Act. Tho Council also rande arrangements with the Riocarton Road Board for tha maintenance of the other roads. The Council is now advised that it was in error ia assuming the maintenance of the roads, us they are beyond uny doubt within the boundaries of the Riocarton and Avon Road Board districts As far as the County Council was concerned they would have felt inclined to go on in the old way, that was, finding the moi ey to keep tho roads in repair, hut seeing that the City Council were going to lower tho Lincoln road at u considerable expense, and to charge a portion of tho cos. to the Council, they had looked into tho matter, and their legal adviser had given an opinion that the road* were within tho Ricoarton and Avon Road Board districts. The County Council looking to tho future, could not take any resp meibilitv conneo'ed with the roads. Mr H. J. Hall said if time had been uffoi-ded to the Riocarton Road Board they would have been able to show that they were the least interested. As they were aware, the R>ad B>ards could only levy la in the £. Now if they took over these roads it would cost half the whole amount of rates raised in the district. Then again the land through which tho road passed, being publio recreation ground, could not berated at all. Besides this, they would remember that the park was a park for the recreation of the oity, ond he thought that tho conference should place the Park. Domain and roods under the control of the City Council, who, he thought, would be able to rai-e a revenue to keep the Park, Domain and roads in proper order. The subsidies being likely to cease, it became necessary for the oi'.iiens to consider how they could raise money eufiioient to keep them in order. Ho might say ihat he had in his possession an opinion from Messrs Harper, Harper and Scott, whioh he would lay before tho conference, and he might say that Mr George Harper, who had given that opinion, was one whose opinions were regarded as having great weight. If they they would at once eoe that the action of tho County Council had been erroneous. The road, domain, and park wore within the doeoripiion of tha district, but the Provincial Council having taken them over, followed by the County Council, they were exempted from the j urUciio’ian of the Riocarton road district. Besides this, as ho had pointed out, it would be unfair to tha distr’et, as he had stated it would take half the whole rates of the district Upkeep the roads in repair. He would now ask that the opinion of Meiers Harper, Harper and Bectt be read. The opinion was then read as follows : H. J. Hal, Ksq., chairman, R ccatton Road Board. Sir, —We have the honor to inform you that we have re rni aidcred the opinion given by ns to yon on the 261 h of August last, and we see no reason to alter our views. We think that tho roads through and aronud the park, including tho portion of the Lower Lincoln road as far as tho town belt, are not under the control or management of your Board. Up to the year 1876, when tho Public Works Act eume iu force, these roads were constructed and maintained by the Provincial Gov mment, and since up to the present time by tho County Council. We may not be quite correct with respect to the portion of tha Lower Lin cola road, bat as

records the other roads, wo behave that the Provincial Government and the t 'ounty Council have found the necessary funds for maintaining aul keeping the reads in outer By section; 60 and Bjl of the Ron’s Ordinance, 1872, roads ol winch the Provincial Government should take upon themselves the maintena- ce were excepted from the jurisdiction of Boad Boards,

By the Public Works Act, 1876, part 5, section 81; it is enactor as follows : 81. All roads, except as hereinafter provided, shall “ bo under the control of, and may be con atructed aud tepaired hy, tho Kotd Board of the district in which such roads are and shall bo called district roods.”

This se it'on (together with sections 83, 89 and 90) no d.ubt impliedly repeda sections 60 and 81 of the Ordinance, and by it tho jurisdiction of a Hoad Board is defined, excepting t’ouaty and Government roads from the jurisdiction as pro vid-d by sections 83. 89, and 90. The question, however, a: ises, whether, under tho Public Works Act, tho Board can asnme or be forced to assume ju-isdiclion over such roads as were excepted from its jurisdiction previous y to the coming into operation of the Act Whether in fact, oil Boards should start afresh with respect to all roads within their districts, leaving it to the llounty Council or the Government to except roads from their jurisdiction in the future only. By section 3 of the Act-Road Board or Board means any Bead Board constituted by ao Ordinance of any Provincial " Legislature h .ving the control and management of hig-ways. Boad District or District means the district over which tho authority of any such Koad Board extends. It is clear, as before stated, that before the passing of the Act the authority ot the Kiocarton Road Board did not extend over the roads in question. 1 1 be district, no doubt, included the reads within its boundaries, but the control over them was ox,.epled by the Eoads Ordinance.

We are of opinion that the words in the section 81 of tho Public Works Act (above set out) “ Road Board of the district in which such roads are ought to be read in conjunction with tho meanings ascribc-d to Bead B ards and road districts and, so read, would give the Board control over such roads only in the district over which their authority extended et the lime of tha coming into operation of the Public Works Act.

If pur opinion is correct, wo think that it is not str .iuiug the construction of section 01 of the Public. Works Act to say that the roads in question, bei ;g excepted from the jurisdiction of the Board, are not included in a ro d district over which the authority of the Board extends, and should be deemed to be county roads We pointed out to you in our last letter that by the Canterbury aesocivion Reserves Ordinance. Ses-ion v.. No. 2, 1855, No 4. the laud known as Hagley Park w *s vested in the -nper intendent, with power to lay out public roads thr-ugh the same. The description of the park in the i rdinauce includes the Eiccarton road, the road from Carlton bridge to Fendalltown bridge having beeu made since ; the Lincoln road and the road from the Fendalltown bridge round the p.rk to the Lincoln road are not included in the description of the park. It is not necessary for ns to say whether those two roads are within the jurisdiction of the County Council or the persons in whom the management and control of the park and its roads are now vested by the Publio Domains Act, 1860, and tho Canterbury Domains Act, 1871. We need only say that we think it would be training the construction of section 81 of the Public Works Act to attempt to include these two roads (which run through a park set aside for public recreation, and over which largo powers are given by special Acts of Parliament) within the jurisdiction of your Board We would wLh to add that the Roads Ordinance of 1872, as tj certain provisions, is only impliecly repealed by the Public Works Act, 1876 and that, therefore provisions in the latter Act impliedly taking the place of former provisions, most be construed strictly with reference to all rights, privileges, and liabilities existing under the provisions impliedly repealed. We have, Ac., HARPER. M-AKPBP. AND SOOTT. Christchurch, October sth, 1880. Mr Hall thought that in the face of that opinion it would be as well that that ©inference should suggest that matters should be left as they were, and that tho County Council should find the funds for the maintenarea of tha roads, especially as they ware publio parks for the recreation of the whole publio. Either this ehoull be done, or the Ci y Council requested to take charge of tho parks, domain and roads adjioent, and he felt sure they would soon find means to raife the necessary revenue to keep the same in order. The Mayor of Christchurch suggested that the opinion of Mr Joynt to the County Council should bo read. This was done. The opinion, which has already been published, was to the effect that the roads were within the jurisdiction of the Riocarton Riad Board, and should under the law be kept and maintained by tho Riocarton Road Board.

A second opinion was read frem Mr Joynt adhering to the one already given by him.

The Chairman said that of course, in the face of that opinion, they could not do anything but what they had done. It was excessively hard that the Biccarton Boad Board should be culled upon to provide the maintenance of the roads, receiving as they did not a penny to recoup them. The Mayor of Christchurch said he thought, in the face of the contrary opinions they had heard that day; they could do nothing. Speaking for himself, and not iu any way binding the Council, he might say that he thought ths.t the City Council would hesitate to take over the Park, Domain, &0., without power to raise money to pay the oost of maintenance, &o. A- regarded the Lincoln road, the Council would no doubt be bound to pay half their chore of the cost so far as their jurisdiction extended. Ha thought that the Biccarton Road Board could fairly be charged half oost of the road from Addington Saleyards to the Fendalton road. The Avon Boad Board came in a small way, and ho thought that the fairest way would be for the various bodies to pay half of the cost of maintenance of roads so long as they had power of rating. Therefore the City Council and Btooarton Boad Board should bo called upon to pay half the oost of keeping thrm in repair, leaving the Selwyn County Council to pay half the coat of the remainder. Mr Wilson said, so far as his Board was con'ened, the interest of that Board was so small that he could not sea that there was any good in hi* remaining. The legal opinions were exceedingly conflicting, and it seemed to him that it became necessary to decide what was common sense. The Biccarton Road Board would be treated with great injustice if they had this large expenditure thrust upon them. He thought that there was a show of reason for the County Council to take this matter in band. The Council was in the best position of any of the public bodies, and ho thought they should assist in carrying out the work. Dr. Turnbull said he thought the host thins that could be done would be for the City Council to take over the Park, &c. The Mayor of Christchurch said there was a small fro) tag a on the Carlton Mill road, known as the Maori reserve, which might be let without any detriment to the public. Besides this, if the City Council should take over Park, Domain and roads, they should have power to charge for admission to the Park in case of an interprovinoial cricket match, &c. This would be another source of revenue, and it might be as small as they liked to make it. He thought that until the Government legislated on the subject, or the public bodies considered the matter, that it should stand over. There would ba no evil effects arising from delay. Mr Hall suggested that the Mayor should take the advice of the city solicitor on the subject. Dr. Turnbull would move a resolution on the subject. Before doing so he would strongly object to any building sites being let in the park, though agreeing with tho Mayor that there must be some means cf raising revenue. He would move—“ That the Mayor of Ohrintohuroh, chairman of County Council, and the chairman of the Biccarton Boad Board be appointed as a committee to draw up a plan tor the control of tho park and domain, and tho maintenance of the roads around it, and to report to a future meeting.” Mr Wilson seconded tho motion. Mr Bong thought the whole matter should be allowed to drop. Ho would move as an amendment—“ That tho whole matter bo { allowed to drop, and that £3OO per annum bo voted by the County Council to the Biccarton Boad Board to keep the roads around tho park in order.” Mr Wilson suggested that the bodies might take into consideration whether the whole of the bodies might not equalise the burden, and not throw it on to one body. _ Councillor Lambert said it had been discovered that the City Council had no power to spend money in the lowering of the Lincoln Bold. Mr Hall, pr» ferma, seconded Mr Boag's amendment, and pointed out that in his opinion if this were done the Biccarton Boad •Board would become chargeable with half the oost of maintaining the Lincoln road

Councillor Lambert culled attention to the boundary of the city in the north west by the north-east side of the Lincoln roan. A lengthy discussion ensued, Mr Hall insisting that the Christchurch City Council was responsible for the maintenance of the Lincoln road. The Mayor of Christchurch said be should not vote on the subj -ot without it first being ascertained clearly what the boundaries of the city were. He should decline to pl-dge his Council at all in the matter. If Dr. Turnbull would withdraw bis motion and Mr Brag his amendment, he would be prepared to move a resolution to the effect that the Conference adjourn for a fortnight, in order to enable the members to consult their various local bodies. Dr. Turnbull and Mr Boag having withdrawn their motion and amendment, The Mayor moved—“ That this meeting stand adjourned for a fortnight, at the same time and place.’* Or. Lambert seconded the motion. Mr Hall asked whether if anything required to be done to the reads in the meantime would the County Council do the work. The Chairman replied in the affirmative. The motion for adjournment 'was then put and carried, and the proceedings terminated.