MAIN HIGHWAYS.

Hauraki Plains Gazette, Volume XXXV, Issue 4684, 7 April 1924, Page 3

MAIN HIGHWAYS.

A LEGAL OPINION. REFECT UPON LOCAL BODIES-. A number of questions in regard to the Main Highways Legislation were submitted by the Wanganui Countv Council to Mr T. F. Martin, counsel for the New Zealand Counties Association, and his opinions are a.s follows :— In the event of a road being declared a main highway in terms of Se.'ion 3 of the Main Highways Act, 1922, can a county council legally clwge the proportion of cost of construction and annual maintenance payable in terms of the Act (Sections 18 to 19) to the riding of the countv through which the main road passe;. Section 131 of the Counties Act, 1920. sub-section (c) refers to main roads >n counties being a charge upon the funds of the county as a whole, when such roads have been declared main roads by special order. In the event of a county not declaring an? roads main roads in accordance with this section does the fact of the Main Highways Board declaring a road a main road have the same effect as if such -road had been declared a main road by special order. The Main Highways Act provides for payment to and collection from local authorities within the specified Highways Districts, and in the event of a levy of say SIO'.OOO being made on a certain local authority unless such charge is over the whole county it would be impossible for a portion? ot the county with its limited rating power to pay the amount due and the annual maintenance accruing thereafter. .Mr Martin's opinion is:—

The Main Highways Act, 1922, section £, in providing that any public highway may be declared by Order in Council a Main Highway enacts that the same .shall ,“bc a main highway within the meaning and for the purposes of the Act.” In my opinion, therefore, the declaring of a public highway to be a “ main highway” makes the same one loi no other purpose than the purposes of the said Act.” In this connection I would point out that the said section 3 provides that the lines of any existing public highways need not be accepted for a “ main highway," and further, that section 2 speaks of “ any main highways that have been declared to be Government roads under the Pub lie Works, 1908." This section 22 therefore thus contemplates the case of a road that is both a “ main highway ’’ and a “ Government road." In mv opinion the declaring of a county road to be a main highway under the Main Highways Act, would not constitute it a."main road” within the Counties Act, 1920,” or prevent the council from so consitiuting it by special order. “ Main Highways ” are su li for the.purpose only of the Mam Highways Act.” Subject to the power given to the council by section 9, Counties Amendment Act, 1921, to place the cost of ce r tain works on the whole county, or upon any two or more ridings, I am of opinion that the cost of the construction or maintenance of a “Main Highway ” not declared to he a “ Main Rond ” under the said section 131 would fall on the riding or ridings in which the road was suitable. The Main Highways Act deals with a local authority as a whole, and does not go into questions of internal finance within a county. As the Counties Act, section 131 expressly provides what roads shall re constituted and maintained by the council as a whole (namely, roads declared by the council, by special order to be “ main roads ”) and leaves al! other coiftity roads .to be constructed and maintained by the several rid - ings, I am of opinion that any payments in respect of “ Main Highways” made by the Council to the Main High-, ways Board, or to an,v other local authority under the Main Highways Act, would not come within section 131 as being “ contributions required to be made out of the county fund under any Act” The.se payments would fall on the county as a whole in the case of declared “main roads,” and on the ridings in respect of other loads, and payments by the board would be credited to the county or riding account on similar lines. The questions put are answered as follows: — (1) The cost must be charged to the ridng, subject to action being taken under the said section 9, Counties’ Amendment Act, 1921. (2) No. • - ■

(3) Unless it is felt that the said section 9 would meet the case, it appears to be one for new legislation.