COMPLETION OF ROADS.

Hauraki Plains Gazette, Volume XXXV, Issue 4723, 11 July 1924, Page 4

COMPLETION OF ROADS.

THE RESPONSIBLE BODY. LANDS DEPARTMENT OR COUNCIL. The vexed question of whether the Lands Drainage Department or the County Council should metal the roads on the Hauraki Plains was brought before the Council on Tuesday by Mr W. Scott, of Pipiroa, who, having heard that the Council proposed .to send a deputation to Wellington on drainage matters, suggested that the deputation should interview the responsible Cabinet Ministers and remind them of the promises made at the time of the first ballot that the roads would be metalled. He said that he was probably the first settler on the Plains, and for over fifteen years he had to put up with a clay road. At the present time the mud was several feet deep on his road, and the only conveyance it was possible to use was a sledge.

Several councillors said that they had intended bringing up the same matter It was a long-standing argument,' andJn oinnipji the deputation should, certainly, take it up and endeavour to, reach some finality. It had been statedfon, the plans and licenses of* ithg firaj ballot that the roads would-be completed, yet many of them were hot yet, metalled. The department . had/ sipce contended that a completed road, was a formed road. Crs. Hayward and Parfitt advocated securing a legal opinion from one of the best legal > authorities in New Zealand as to what a completed road was. Cr. McLoughlin pointed out that an opinion had been obtained from the Crowjn Law Office .to the. effect.that a completed road. was a, metalled road. This had been pointed out to the Minister for Lands, who, had! said that it was strange, as the Crown Law Office was not supposed to give opinions to the general public. The Minister had not, denied the obligation, but had pointed out the shortness of money. Cr. McLoughlin also drew attention to the fact that the Prime Minister had, at, Pipiroa, promised that the roads would be metalled.

Cr. Hare said that the Hon. W. Nosworthy had stated at. Nefherton that he would do his best to get a grant for the Awaiti roads. Cr. Parfitt stated that a Public Works departmental officer had recently called on him and had asked for information as to which roads had been referred to the Minister for Lands. This officer was engaged in prepai ing estimates for presentation to Parliament

Cr. Hair, mentioned.that the Lands Drainage Engineer had. prepared such a report in connection with the Awaiti roads.

Cr. Harris suggested that a legal opinion be obtained from the solicitor to the Counties’ Association.

Cr. Parfitt moved, and Cr. McLoughlin seconded, that the cleik be empowered to procure a copy of a first baHot license that contained the statement that the roads would be completed.—Carried. It was also agreed that the ques-

tion of metalling the Pipiroa township and Awaiti settlement roads be placed before the Minister by the deputation when in* Wellington. CLAYING OF ROADS. Another matter In which the Council contends that the department has ignored promises given is in connection. with, the claying of roads in the peat areas. The following letter from the clerk to the Under-Secretary of the. Deparjipent for Lands is a resume of the negotiations to date:—

"I have been directed to acknowledge, receipt of.your letter pf May 19 and. to reply thereto. My Council was surprised to learn the interpretation which you put on your Department’s undertakings. My Council considers, and from the statements of your department, has not, been. led. to believe otherwise, that there is no liability on the Council to maintain the clay roads in. the peat area. It was offered by your officers at the conference hereinafter referred to that your department, should clay. and reclay peat roads until they were permanently fit to receive metal. My Council then protested against the handing oyer of other than metalled roads. You yourself. when Chief Drainage Engineer, advocated in your annual, reports to Parliament that the roads should be metalled. The settlers were promised by your .department that the roads .would be ‘completed.’ I understand that you have been advised that in law, this means metalled. “When the Minister for Lands forwarded my Council a copy of the Bill to amend the Hauraki Plains Act I was instructed to write and ask the Minister a number of questions, which were answered by him in a letter dated March 23, 1922. Question E was as follows : ‘To what extent does the department intend to carry on operations in the area made subject to the general rate T

“The answer of the Minister for Lands was: ‘To construct, complete, and improve all necessary drains, .stop-banks, and flood-gates deemed necessary, and to ‘clay’ all roads through the peat country.’ “At the conference held on June 28, 1922, when Messrs Campbell and Taylor were present as your representatives, the above written question and answei were read, and in answer to a direct question put to him Mr Taylof said that. Patetonga r Road would be reclayed as soon as the road required it. Mr Campbell added that the road would, in any case, be handed over in a proper condition. “It was at the same time pointed put to them that roads in the peat country required successive layers of clay before they were permanently in a state to receive metal. In fact, they urged this reason for some of the clay roads not being then already metalled. Mr Campbell stated that the roads would only be handed over when in a fit state to receive metal after all the claying and reckaying had been done. There was no equivocation about the undertaking. “I am instructed, that when at Patetonga recently you promised the ratepayers that the lower Patetonga road would be reejayed. “It is impossible to reconcile the

foregoing promises made over a period with the statements in your letter. “In the second paragraph of your letter you state as follows: ‘Since the roads were handed over to your Council settlers have been paying rates to it for road maintenance purposes, but I understand that so far these peat roads have not been maintained.’ “My Council time and again urged your department not to hand over other than metalled roads, because »t would mean that the council would be compelled by law to collect a rate from settlers whose roads it could not maintain. Apparently this appeal | has been forgotten, fof the council’s inability to deal with clay roads is being thrown in its face as though the fault was the council’s instead of that of your department, which forced the position on the council in spite of its opposition. “My Council agrees with one statement in your letter where you say that the position is a serious one. That was foreseen by my Council all along, and the responsibility for it .s with your department. “In conclusion I am directed to state that my Council cannot accept any responsibility for the reelaying of Lower Patetonga Road or other roads in like position; that it expects your department to fulfil its promises, and that it trusts that you will take speedy steps to right the matter. ’