COMPENSATION COURT

Hokitika Guardian, 9 December 1927, Page 4

COMPENSATION COURT

TH.I : KSDAY, DECEMBER 8. (Before Men.ts>» \Y. Meldruni. S.M.. Chairman, and William Higgins and Malcolm Houston as assessors). William T. N. Bond (Mr Kkoclov. Chairman. Councillors of the County nf Westland (Mr Murdoch), claim for £2OO in respect to alleged damage to Ids land by the cutting of a drain on I,is property. .Mr Murdoch made a preliminary objection that flic subject claim of plaintiff was out of action as the work was done in 1911. and that what was complained ot was only a repair ol that work, done in duly. 1920.

William Thomas N. Bond deposed be was a farmer on Araliura Road and plaintiff in this action. He bought the land in 1918. When he bought the hind, the area now marked swamp was dry in all weatliei. He inspected the land then, ft was in virgin hush. The timber lias been cleared and scrub cut. Had a good burn. This was in 1923-24. Sowed the ordinary grasses. There was no sign of a swamp there. The cattle went all over it. Now it was nothing but a swamp at all times, wet or dry. The water cannot net away, there being no outlet. 4 lie cause was the digging of the drain. Befoic tin drain was dug. no water could come into his land. Before the drain was cut. the water from the drain rose until it flowed over the road down to a water course. The drain ting through the ridge was 2ft. fiin to .lit deep. The result was that the watm goes through on to his land and floods it. The lowering of the culvert by the Council would not have done any harm if the drain had not been out. At least live acres was affected. He valued the five acres at £lO P‘‘ r i,crc ’ They were now valueless being a cattle trap. To drain the hmd R would he necessary to cut Oil ehams of drain, as the seepage drained right through his river bed flat. No water came out. of the old mining tunnel. There was no sign of an old dram having been where the present dram

was cut. , Tn Mr Murdoch —His claim against the County was that the dram marked A allowed the water to go over his land. , . , To Mr Elcoek—ln .lime lie rlaimed •£oC- Had tlie drain been filled up tle damage would have been removed. Christian Cook deposed ho resided at. Araliura. lie sowed grass seed tor Bond on March, 1921. along that portion where the swamp is now. It was then fairly dry. lie saw the same place yesterday. H was then very wet. Cattle could not get through there now. it was too boggy. The cause was the water coming through that race, instead of gomg down the road. The water had been running down the road tor the last six years. If the drain had not been cut the water would not go through the terrace. He had no knowledge of nuv drain there in former years.

To his Worship—" When he sowed the land it was worth £ls per acre. In its present stage it was valueless. To Mr Murdoch —On account of the road having been cut the water uas diverted down the road. There may have been a creek there. The main body of water brought down was caused when thr road was made. Arthur Muir deposed he was a tanner at Araliura. Knew Bond's area. Eight years ago the area was dry and cattle could go through easily. Saw the land a few months ago. It was then swampy due to a drain having been cut. Before that the water went down the side of the road. William T. Morpeth deposed he was Commissioner ol Crown Lands. lie could not say if tin* water would have gone over the hank it tin 1 drain had not been cut. lit' thought if a drain had been cut alongside the road it would have been taking tbe water away. He thought the cutting of tbe bush would tend tu make Llio land swampy. To Mr Murdoch—lt was quite pos-

siMo that tlie water !ia<l come down and gone along the old water-course. Herman A. Baueke deposed lie examined the drain, the rutting ot which sent the water on to Bond’s land and caused the damage.

Colin Marfarlnne deposed he was Crown Lands Ranger and had inspected the area. The cutting of the drain would help to make the ground swampy. At present the swamp is useless for grazing. In good order the land would lie worth £B. now it was worth Cl. Richard A. Thomas deposed he was a fields inspector. The effect ol cutting the drain was to concentrate the water on the land now swampy. Endorsed value set h.v Mr Marfarlnne. ’flic Court adjourned at 15 p.ni.. resolving to visit the ground in question at 7 p.ni. and resume later. The Court sat again at 8.35 p.m.

Bernard Ward deposed he was a farmer at Arahura. Before the road was made there was a track in close proximity. Before tin* road was made (lie water could not reach flic present gravel pit. In those days the water went on to Bond's land as it does now. It was always wot and damn. The water going down the cutting after the road was made would reduce the water going on to the flat laud. The box drain culvert was put ill at the time the road was made. Some time ago the culvert caved in and then the water went down the side of the road. Last year the culvert was repaired. This work and the opening of the drain have not increased the amount of water going on the mail. There is a depression that allows Hie water to go oil Bond’s land.

To Air Elcoek—"Witness lost it cow in the swamp some ten years ago. Water had ceased to come from the drainage tunnel (i or 8 years ago. Always regarded this area as swampy. William Olderog gave evidence that he was a farmer at Arahura. When the road was made there was a natural water-course. That ran out where the drain now is. The repair of the box culvert did not increase the amount of water going on to Bond's land.

Robert Bradley gave evidence that lie was a fanner at Arahura. He knew the area. Before the road there was a natural waterway where the drain now is. William .lelfries deposed lie was County Chairman last year. During his term of office he visited this ground. After examination he had cone to the conclusion that the drain was the course of a natural waterway, lie was not in favour of carrying the water to the drainage tunnel, which he understood had fallen in. He understood that Bond had stated if the drain was tilled in he would bo satisfied. William Alillner, County Overseer gave evidence. The concrete pipe took less water than the old box drain. The escape dowii the watertable was due to the box drain falling in. The original watercourse was as deep as the present drain, only the latter was a little straighter. The drain does not average S inches deep and was about 12 to 18 inches wide. He could drain the swamp in two days by cleaning out the drain lending through Douglas' which is blocked to tlio level of the ground. This was the case for the defence. Counsel briefly addressed the Court and the Court retired for a quarter of an hour to consider their decision and returned at 10.35 p.m*