LYTTELTON HARBOR BOARD.

Globe, Volume XXII, Issue 2089, 3 November 1880, Page 3

LYTTELTON HARBOR BOARD.

A special meeting of the members of the above was hold at the Board’s offices, Hereford street, at 2 p.m. yesterday. Present— Hon. B. Richardson (chairman), Messrs O. W, Turner, P. Cunningham, H, P. MurrayAynsley, D. Craig, H. Sawtell, and H. Allwright, also Mr H. N. Nalder, the Board’s solicitor.

The Chairman stated that the meeting was held pursuant to notice, to hear any objection which might bo urged by Captain Fisher against the Harbor Board acquiring two sections of land at Lyttelton belonging to that gentleman, and for which some time since he had asked an excessive sum when solicited to sell them for purposes of the Board. He would read the clauses of the Act empowering the Board to enter upon land required for its purposes when owners refused to sell or asked a prohibitive price, as in this instance. Captain Fisher and Mr Spackman here entered the Board-room.

Mr Spackman appeared to sustain the ob- ; ection, and recited the notice given by the 'Board on the 16th September last, which said that under certain Acte and schedules they would take the land of hif client. He contended that the land in question was not as described, being in fact, a plantation, and also that the written consent of the owner was necessary, which he, the owner, refused to give. The Acts referred to gave power to take certain lands only, not what they chose to take, the powers conferred upon the Board by the section of the Harbor Act quoted did not, he thought, give them the required power in this particular case. On the objections stated he relied, and was prepared to sustain the same. If the Board wished he could produce evidence to support what he had said. The chairman said he chould be glad to hear the objections, as the Board wished to be set right if in the wrong. Captain Fisher stated that he owned four sections of land in Lyttelton, two of which, Nos. 231 and 234, the Board had given him notice they were going to take for harbor purposes. On these two sections there were about seventy or eighty trees growing. They were planted before he received notice that the Board require < the land. Some damage had been done to the land by blasting. He had, before notice was given to him, offered to sell the land at a price which the Board objected to. The fact was they had been playing about for this land for the last two or three years. He planted the trees on the 16ch September last. The notice was received by him on the 17th September, at half’ past three o’clock. By Mr Nalder —In August, on the 13th he thought, he met the Harbor Improvement Commission abont selling the land. Met the Board on the 17th August, 1880. He then agreed to offer the Beard what portion of his land they required if furnished with a tracing showing what they wanted, A day or two after that he received a letter from the secretary enclosing sketch of the sections. On August 28th he offered the Board the'two sections for the sum of £2OOO. This was declined. This was before the planting. There is still a notice board on the land setting forth it is to be let for building purposes. When he planted the trees he did not fence in the land, as he thought the Lyttelton Borough Council ought to keep straying cattle off it. He considered it a plantation in the acceptance of the term. The land is not covered with gorse. Mr Nalder here asked if the witness had any other ground of objection to urge. Mr Spackman—l object to the question. The grounds of objection are generally stated.

Mr Haider —I will waive the question, although Mr Spademan is evidently on the horns of a dilemma, and cannot sustain his objections. John Duggan stated —Ho went to Lyttelton with Captain Fisher on the 16th September, aboat 7.25 a.m,, and planted some trees. Ho did not know a Deodora. They were fir trees. Did not know if they were ornamental. Should think there were fifty trees in all. By Mr Nalder —Thought it was a plantation. Ho knew what that meant—a lot of trees of different sorts. Another man beside Captain Fisher was there. It took them about two or three hours. They just dug holes and put the trees in. They did not trench the land. Do not know if September is or is not the proper month to plant trees. Never planted trees in September before. Mr Spaokman reiterated his arguments at some length. Mr Nalder said the Board could not decide the law of the case. It would be best to appoint a place to hear evidence. He could rebut the objections. The Chairman did not wish to influence the Board. He knew the 16th section of the Act well, as he had framed it himself. It would be for the Board to decide on the action it would take. Mr Spaokman would like to know if the Board would decide upon its course of action. The Chairman replied that if Mr Spackman and his client would withdraw for a little time, the Board would confer on the matter, and he would communicate its decision.

Mr Spackman having retired, The Chairman said ho had heard nothing to justify proceedings being stayed.^ Messrs P. Cunningham, D. Craig, and H. Sawtell concurred. Thera had been no evidence to prove the few treea a plantation, and the solicitor had better be instructed to take the necessary proceedings. Mr O. W. Turner moved a resolution to the effect—" That the Board had heard Captain Fisher, and were of opinion the action was not sustained, and that their solicitor be instructed to take the necessary steps to acquire the land.” Mr D. Craig having seconded the motion, it was agreed to unanimously. Mr P. Cunningham would be glad even now if Captain Fisher would take a reasonable offer. Mr H. Sawtell was quite sure that no arbitrator would grant anything like the sum asked. The Chairman remarked that, as regarded a plantation, a few days since ha counted about twelve trees growing, and several broken off stumps, and a lot of stray sheep grazing on the sections. Mr Spackman and Captain Fisher having re-entered the room, the Board’s decision was communicated to them. In reply to a question from Mr Turner, Mr Spackman said the question was what constituted a reasonable offer. The price recently offered by the Board was considerably loss than what had been paid for other sections near to these. After a long discussion, in reply to the chairman, Captain Fisher stated that he should stand by his formal offer. At this the meeting broke up.