TURUA MEETING.

Hauraki Plains Gazette, Volume XXXIII, Issue 4367, 18 January 1922, Page 4

TURUA MEETING.

COMPLEX SITUATION. A meeting to discuss loan proposals was held at Turua on Monday night; Mr D. G. McMillan, chairman of the reading committee, being unanimously voted to the chair. Mr McMillan,said there was a lot of misapprehension about the proposals. If the Turua roading loan was car-i ried, and the County machinery loan poll lost, then Turua could not carry on its roading scheme for lack of the necessary machinery. Regarding the drop in butter-fat; he hoped that the future would be .brighter. Had those who had been in the district for th© last 20 years been satisfied with the roads ? Last week’s rain showed what the roads would be like in the winter. Mr Bagnall’s £6OOO would not make a permanent job, and tarsealed to keep the road intact. A good macadam road would be goodi, and tar would keep the metal together and prevent it from blowing away. A £6OOO job would mean a repetition of £6OOO expenditure every year. The rate would be 8s 2d, but with broken axles, wear and tear, could the rate,payers afford not to pay the 8s 2d ? The speaker was the heaviest ratep ayer in the district, and he believed that 8s 2d in the £ was the cheapest that a good road could be constructed for. Mr Bagnall had said that concrete was the only permanent road, as in Auckland, but Mr Bdsh (City Engineer) had laid it down that concrete was too expensive for the country. The town board area would have to pay more, on the unimproved value, if it carried its own burden of reading, than if the County and district loans were carried. Good roads would increase land values, especially in Turua. Turning the loans down, would mean a continuance of old patching up. He favoured doing the roads properly, making a permanent job. It was, therefore, desirable that both loan proposals should be carried. Mr P. Henry said the committee was still of the same'opinion as after the visit to Taranaki.

Mr Gardiner said the town board proposal had made a difference to the position. Mr McMillan 'had stated that the roads in the town district would be under the Council; which would be the county clerk's opinion; and not hostile to the good roads committee. Mr Gardiner then read the following legal opinion from Mr Bryan, of Thames, as follows : TURUA TOWN DISTRICT AND LOAN POLLS.

"I have gone into the following question put before me by you: “Will the Turua Town District be at a disadvantage if the present loan proposals for (1) ,a special road loan, to be spent in the area adjacent to and comprising. Turua, and (2) the County Machinery loan, or eiiher of i them, are carried before the pro- I eJamalion or commencement of the new Turua Town District,, compared With what the district’s position would be if the proposals were deferred till after the constitution of the town board or were defeated at r.he poll, which amounts to 'the sam? thing for . the purposes of your inquiry > “After looking into the matter carefully I have found nothing to lead to the conclusion that t;he town district I will be more favourably placed by . either of the polls not being ear. led , till after the constitution of the town ; district:. The difficulties of which i certain residents in your area are , afraid will not be altered or removed ; by the deferring of the poll, but will ' remain the same wbethc the town district is in existence or not at the ; time it is taken. j “It appears to me that the matter depends very grteat'ly on the good will and good faith of the County Pouncil | towards the new body. The question 1 will be almost solely as to nnls within your area, and there is some doubt as to what work the County Council is bound to undertake in connection with them. Firstly, so far as I can learn from both the Thames County Clerk and the Plains County Clerk, no road within your area has ever been declared by either of the county councils .-Which at any time had jurisdiction over the area io l?c a 'county road’ within the definition contained in the Town Boards Act. 1908. By the Town Boards Amendment Act, 1908, section 5 it is laid down that until the time when a town district becomes independent of the county council, that is, acquires a population of more than 500 and is declared by Order-in-Council not to be part of the county any longer, the control of all county roads within the town district shall vest in the council of the county, which shall bear the cost of making and maintaining them.

That is your present position, that the county roads' in your area are under the control of the County and maintainable by them, but unfortunately it is not at all clear that the County is bound to maintain a single yard of road within your area, the same never having been declared by the Council to be county roads, and so brought within the obligation imposed on it by the lastmentioned section. I have communicated with Mr Walton on this aspect of the matter and ne states that the County holds the view that all roads within your area are county roads for which it is respond sible, and will be until your district becomes independent. He doubtless,, founds this view upon section 155 of? The Counties Act, 1920, which provides that a county council shall have the care and management of all county roads within the meaning of the Public Works Act, 1908. Now, ‘county roads’ within the meaning of the Public Works Act, 1908, include (1) ndads declared to be so by Order-in-Coun • cil; (2) district roads declared b? the council to be county roads ; an J (3) roads in outlying districts (that is any area within a county not comprised within town or road districts) which shall be deemed to be county roads. It is in this last class under which the Council presumably places

the roads in your area if it considers it will be responsible for them, even after the proclamation of a town district. I am, however, not at all satisfied that such a view is a correct one, and if this ■should prove to be the case the result would probably be that you would be left by the Council to look after them yourselves out of your l%d rate, It seems to me that the position might be made quite clear and be safeguarded on your be-t half by getting the Council, forthwith to declare all the roads within your area to be county roads. This having been done there could be no question as to the County’s responsibility, for the maintenance, etc., of the roads, and. your'right to the benefit of the machinery, quarries; etc., in connection with. them. The County would not be prejudiced in any way by such a declaration, as it could not be called upon to spend more within ■ the area than it received in rates, but it would make it quite clear as to your right to share its facilities in connecwith roading. If, however, it should eventually turn out that the roads in your district were not county but district roads, the result would be that the County might collect a rate within your area, but would be unable to spend it in the way most required.

“While not in the slightest doubting the goodwill, 'of the County Council towards you, I would nevertheless strongly advise that- the County be asked to give an undertaking at the meeting to-night), at which, I understand. the County chairman and clerk with others are to be present, to the effect that the roads within your area be declared by the Council at its next meeting to be 'county roads.’ This will remove any doubts. as to your position in the future and will enable you I think, to support the loan proposals, if they appear to warrant it, with an easy mind.” Mr Gardiner endorsed the opinion of Mr Bryan that the County Council should declare the whole of the roads county roads. ' Mr Norman Davidson did not think the letter cleared up the position. If the Town Board went for the scheme on its own later' on it would cost them more than by carrying the prei sent loans.. The rates for the first year wpuld be on the capital value, but if in the second year the system was changed to the unimproved the rural lands would have to bear an enormous burden. Good roads would cut down maintenance, and so reduce the general rate. He favoured going in for the big scheme now. Mr J. C. Miller, chairman of the Hauraki Plains County Council, said the legal fraternity did not appear to be clear on the position. He thought the Council would have the control olf the whole of the road’s. He had thought that the Council would control the main roads and the board the by-roads, but this, did not now appear to be the case. He believed it would be to the advantage of the town board area ratepayers to carry the loans in one big scheme. He thought it would be fairer if tjhe town board area were rated on the capital value; the unimproved would bear harshly on owners of farming lands. Mr Gardiner said the town board would not come into force until April. If the loan was carried the position would be bristling with difficulties as far as the town board was concerned. Good roads were required, but it might have been better had the cpm'mittee made the previous meeting of a. more public nature, and invited the

J chairman and members of the County Council.

Cr. Miller: What would the difficulties be, Mi Gardiner?

Mr Gardiner: I would have to go Into various matters further before making a definite statement. Mr Miller: Would it not be better to get further Independent advice for the town board ?—Yes. Mr McMillan replied that the previt ous meeting was purely a committee one to go into a matter of a misunderstanding. Did Mr Gardiner contemplate the town board metalling the whole of the roads in its area ? The whole of the rating at present (County and Turua roading schemes) would be on the unimproved value!, and the business men of Turua would be doing much better under this scheme than under the capital value, Mr Gardiner said the capital value would probably be in vogue until the population reached 500. He thought it would be a good thing if the machinery loan was turned down; the work could be done by contract. Mr Bennett said the big loan scheme would cost less than if the town board carried a scheme of its own ; the town would get more roadn ing done in proportion to the whole cost than it could otherwise obtain. He was certain of this, Turua, under

the scheme, would get more roading .done than would the outside districts; this was just, as the traffic would concentrate in the township. Without roads the place would never oe any better. Mr Gardiner had said that the business men did not pay more than £l, on a quarter-acre. This was so, but the fanners paid more. Mr Gardiner: The business men will pay more on the capital value, and they would be agreeable to doing so.

Mr McMillan :■ If the loans are turned down, will the town board go in for a scheme ? and how would they get the work done? Mr Gardiner thought the town bo,ard could do better than the Council.

Mr Miller: But if the Act states that the Council must; take charge of roads, then the County must administer them. Mr Gardiner said the Government was going to hand over its roads to the council; and the council could hand over all the roads in the town district to the board!, with, whatever amount it liked as-a subsidy to maintain them. A main road was declared so by the Governor,-in-Council, and carried Government subsidy; a county road was declared by the Council.

Mr Bennet repeated that the present scheme would be cheaper than a town board scheme. Even if the county handed the roads over to the board, then the board would be on a better footing if the loans were carried, as the roading would already have been provided for. Mr McMillan endorsed the above view.

Mr Gardiner: Is it a business proposition to vote for a big loan of money within two months of the formation of the board', and then have to make the usual adjustment with the County Council ? Mr Bennet pointed out that if the scheme was further delayed the town board area might be cut right uot. Mr Madgwick thought the meeting should consider itself as composed of rate payers, and as to h,ow the loans would affect them.

Mr McMillan pointed out that the town board could get just as good legal advice and guidance as t|he Council.

Mr Gardiner thought the board would be at a disadvantage in an adn justment. He admitted that Mr E. Walton (County clerk and solicitor) would give a just opinion. Did the committe e look at the scheme from the town board point of view ? Mr McMillan: We are irnt acting for the council or the board, but are working for the good of the whole district, and therefore for the good of both the county and town district. There were members of the Council upon the committee. ’ Mr Miller said that he personally would not do anything to the detriment of the town district.. Mr McMillan thought the Council should be asked to declare certain roads in Turua as main roads. Mr Gardiner thought a ratepayers’ association should be formed. All the roads In Turua ought to be declared county roads. Mr N. Davidson emphasised that if the loan was carried the money would have to be spent on the roads. Mr McMillan said the question was as to whether or not the town board could make the roads cheaper than under the present scheme, and could the board go in for permanent read-

ing in the near future ? Commohsense (Continued In next cplumai).

Continued from previous Column, must prove that on thie unimproved value the present scheme was the betit er for the townsfolk. Good roads would build up Turua as they had done with townships in Taranaki. The Turua scheme could not oe carried out without machinery,. All authorities in Taranaki advised against getting the rpading done by contract. A contractor shunned work to make & profit; he employed labour just as a local body did.

Mr Miller said there was now a fair opportunity of getting metal from Thames at a reasonable cost. The Council had already contracted for roller, punts, motor trucks, scarifier, and tar-sprayer, and would therefore have the necessary machinery. The usual votes of thanks terminated the meeting.