Rights of Way.

Hawke's Bay Times, Volume 17, Issue 1026, 26 May 1871, Page 3

Rights of Way.

Mr Ormond, pursuant to notice, moved—- " That the question of roadways through lands over which the right-of-way has ceased to requires provision, and should be referred to a select committee to consider and report as to what alteration in the law is necessary." —-This had now beeome a serious question. The time during which the Government, under the Act of 1866, might set apart a portion of sold land as a right-of way, had expired in most parts of the Province, and questions were daily arising which showed that unless some modification were made in the law, enormous difficulties would arise in keeping the country open. In many cases a block of land was completely surrounded by other freehold property, and the means of access completely cut off. In earlier times, when surveyors had great notions, roads were laid off through large swamps, which roads never having been formed, the traffic was carried on along temporary roads through the freehold property at the margin of the swamps. Some of these roads were now being fenced in, and the traffic must thus be stopped, it being out of the power of the Government to follow the original plan. A recommendation must be made to the General Government, asking them to reconsider the law which takes away the light of road ; and he thought the request would be granted, for the •clause could never have been passed in the General Assembly if it had met with any degree of consideration. Some means must be taken to alter the law, and remove an almost insuperable obstacle to the advancement of the country. Mr Tanner said they had heard of hardships to small holders, but the hardships of the large holders should not be lost sight of. He knew a valu able block of freehold land at Te Ante cut to pieces by toads in various directions, some of them beiug parallel, and only a fev. chains apart. Cases had arisen in which a speculator would buy forty acres in the middle of a large block, and perhaps leave the place. The runholder would lay off his paddocks, and years after, when the small block .came to be dealt with, the Government take a chain of land, right through his fences and paddocks, from this block to the load. In studying the interests of the small speculator, let them not inflict injuiy on the large holder and bond fide settler. Lieut.-Col. Lambert thought some action necessary, and would cordially support the motion. The Council, in making any recommendation, would require to carefully consider the interests involved. He knew some forty acre freeholders, on a large run, who con .aider themselves entitled to a road to each boundary. Mr ManeV asked whether the recommendation would include property adjoining rivers, sphere the road had been washed away. Much inconvenience had arisen through owners in such ca-es refusing to make terms with the public, or to allow them access. Mr Ormond replied that no more could be done than was provided by the Highways Act, which enabled Highway Boards in such cases to enter upon lands and lay out new roads, at the same time giving compensation to owners. In cases of purchase under the Native Lands Act roads might always be taken through freehold land, but if the purchaser was fortunate enough to have bought his land from the Crown some time ago the case was different. The law, in this respect, had been framed more in the interests of large holders than of the community at large. Agreed to. [The »cmainder of this day's proceedings is held over]