DR TELFORD.

Hokitika Guardian, 14 October 1924, Page 4

DR TELFORD.

LOCAL AUTHORITIES AX 0 THE HEALTH ACT.

CHEISTCHUItCII, October 11

Reference was made at last night’s meeting of the Heathcotc County Council to the recent case in which the Department of Health proceeded against the Council for having caused a nuisance in connexion with the Malcolm avenue septic tank. The chairman (Cr. C. Flavell) said the judgment in the case had gone in favour of the County.

A memorandum by the County Clerk stated:—lt is anticipated that the Health Department will now take steps to effect legislation in order to make it possible for the Department to be successful in such prosecutions in the future. I suggest, therefore, that the Xcw Zealand Counties Association be approached urging united action Indirect approach to Parloament in support, of the following resolution: ‘•That the Heathcotc County Council resolves that the judgment ol 11 yvern Wilson he forwarded to the New Zealand Counties’ Association, and their attention drawn to the decision therein tnat the local body cannot now he proceeded against by criminal information under the Health Act and that any attempt by legislation or otherwise to take away such immunity he resisted to the utmost.” Cr A. 11. Adams moved and Cr .T. 11. Moore seconded the motion as set out above.

Cr. B. Riley, said that, though the County had not been to blame, there had been a nuisance and the Medical OUlcer of Health ought to have some jurisdiction where a local authority neglected its duty. The chair: So lie has.

Cr .Riley: The County was not to blame and it was foolish to take the case to Court. The chairman: If there is a nuisance we give a man notice before, taking him to Court. Cr Riley: That is what Dr. Telford should have done. The chairman : “IVc know what he should have done and what lie would have done if lie had the power.” In further remarks the chairman asked who was going to serve on public bodies n they were likely to !>e proceeded against criminally ? The present was a good time to bring forward the motion when the case was fresh in the public mind. The motion was agreed to, and it was also decided to ask for the co-operation oT Mayors of cities and boroughs and chairmen of County Councils and Town Boards in opposing any attempt, by lgisintion or otherwise, to deprive local authorities of immunity from criminal proceedings under the Health Act.