METALLING OF ROADS.

Hauraki Plains Gazette, Volume XXXV, Issue 4765, 17 October 1924, Page 3

METALLING OF ROADS.

DEPARTMENT DENIES LIABILITY. COMMUNICATION TO COUNCIL. At the last meeting of the Hauraki Plains County Council the following letter was received from the Hon. A. D. McLeod, Minister for Lands: “With reference to your letter of the 20th ultimo forwarding copy of an opinion given by the solicitor to the N.Z. Counties’ Association regarding at alleged undertaking of the Lands Department to metal all roads on the Hauraki Plains, I have to advise that the whole matter has been very carefully reviewed, and !• have to advise as follows :

"At the time the Hauraki lands referred to were disposed of. the area was not under county jurisdiction and, co nsequently, the Lands Department, being the local controlling authority. secured and expended the district’s proportion of votes for the metalling of roads out of the Public Works Fund. If the department had not acted accordingly the district would have lost its just yearly quota of metalling subsidies until the area was handed over to the county. The continuity of the expenditure has no doubt led individuals to conclude that all roads would be metalled, but the members of the County Council were fully conversant with the position, which was carefully explained to them before they assumed control. In connection with the opinion referred to above, I desire to inform you that the basis of that opinion is entirely wrong, and, consequently, the conclusions arrived at are untenable. “As stated in the second paragraph of the opinion, the expression 'completed road’ has no legal meaning, and its meaning, therefore, must necessarily be governed by departmental custom, which in opening land for settlement purposes is to do earth formation only. This is invariably the custom of the department unless the land is specifically loaded with the cost of metalling the roads, which was not the case in connection with the Hauraki Plains lands. “The statement referred to in the fourth paragraph, that ‘the Government would keep on assisting until the roads were metalled and made in good condition,’ -s quite correct. Subsidies are being granted, and will continue to be granted to the local authority for metalling purposes, but the statement that the Government •would assist’ clearly indicates that the responsibility for the metalling of the roads does not entirely rest with the Government. “I desire to inform you, therefore, that while willing to assist in securing the county equitable metalling subsidies, no responsibility can oe admitted for the metalling of the roads.” Cr. McLoughlin moved, and Or. Hare seconded, that the clerk be instructed to reply pointing out the inconsistencies in the letter, and that the Minister was avoiding the issue. Carried.

The clerk was instructed to secure the best legal opinion possible on the question o£ the completion of roads ais staled in the posters at the first and second ballots.