The Coast Track.

Kawhia Settler and Raglan Advertiser, Volume IV, Issue 381, 30 October 1908, Page 2

The Coast Track.

COURT OASES. For some months past there has been considerable friction in connection with the above track, and on Wednesday last the question was ventilated in the Kawhia Court, before Mr Cutten, B.M- Henry Thom was charged with damaging a fence to the extent of 80s, the property of 8 Rose, whikt William K ’rr was charged with a breach uf thu Stock Act by driving a team’ of bullocks through their

properties without giving notice. Mr Gillies appeared for the informants and Mr M‘Diarmid for the defendants, who pleaded not guilty. As the evidence was identical in each case, it was decided to hear all the eases together. In opening the case Mr Gillies said that the complainants were the often piers of sections at Kiritehere, facing the sea, which were taken up from the Crown and a land transfer title issued. The land was O. ft. P. and on the title there was •».. mention that the track ex isced, nor . the poster plan under which the ! I w»-i taken up. At one time ther 11 a track but his client - did not no • recognise it as tborw:a pnNu: id at the hack of their see: ionno o which Government U 1 uey bad tn spent. His clients had erected I ic-.i but they bad been palled down. Thc-b another track wa: made which did not cross Gregg and Rise’s laud, but which joined the formed public road, and was as good as the old me, though perhaps longer. Percy Cooper Rose, settler, Kiritehere, deposed that hn and bis brother owned section No. 1, and Gregg owned No. 2, Whareorino, which was balloted for four years ago. (The map and lease were put in as evidence.) The section was grid-ironed with tracks and he had fenced one across three years ago, to which there bed not been the slightest objection. The new public road was now formed over five miles along these sections. A new track was formed for those wishing to use the sea beich when the fence was erected, The bonndaay fence was cut, about June 23rd. There was a slip rail about three chains from where the fence was cat r which bad been used far three months, and Thom knew that. Witness knew certain old tracks (which he marked on the map) and the track he made was better than the others. He remembered Mr Bathe going over the track, but he was with a man who had never been there before and witness offered to show him the tracks, but Bathe declined. The Roads Department did nothing as to forming the old track, as it was impossible to grade a track there. No public money had been spent on the old track through j his and Gregg’s property. Thom cut I the whole seven wires. Relative to the charge against Kerr, be did not receive notice »s to Kerr’s coming through with the cattle He had eight or ten working bullocks. The losses owing to people coming through his property was heavy. If he had to fence the old track the land on the sea side would be valueless. The title said that the lessee was entitled to the full acreage, without deduction for anything;. To Mr M'Dairmid—When the fence was cut was about the middle of June. Throe years ago he blocked a track with his boundary fence which was done with the object of showing that they had a perfect right to do so. They did not open a deviation so as to allow persons getting from the old track to the new but they did so to pack grass seed. The deviation was not opened (ill fully twelve months afterwards, tut persons coming along the coast road used another track at that time. He did not know where the track went to after going through block IV. Ho did not know whether the track was men at the time when Thom cut be wires. The tracks mentioned was *;■». the main Kawbia-Awa-kiuo road. He Lad never driven cat tie along the r.iAd t h nigh it was poss ihto that that practice might have been g< on t : 20 years. The tracks upon which tb i Department was now spending m » y may lead to the track under questiuu, If be were travelling from Kawh: : to Nukuhakeri in May last he would have come along the beach at’low water and if it were high tide he would have used the slip rails. It was a fact that two years ago a fence was put up and a gate erected. When the fence was. completed the gate was blocked and slip rails left further along towards the beach. The rails were close to the cliff and there was a drop ef a hundred feet, which was not daugerous, as loaded packhorses had gone through it, and he had also driven cattle round. The descent there was somewhat steep but nothing out of the ordinary. Kerr did not.givo notice but witness heard bells. Witness always gave notice when driving cutie through people’s property’’ He had never driven cattle through Wil lis in’s section since be had it. There were fences across the track further south, and gates were in tye there, but that was a different tenure. Whan ! Kerr took the bullocks through his place there both cattle and sheep there. Kerr went about 65 chains through his property and more than 70 chains through Gregg’s. T)Mr Gillies: When a track was made for their own personal use it was snon Used by every h idy. There had been no money spent by the Government on the track further south within five miles of his section. About 20 miles south Government chared a bit offiix. Alexander Spencer Rose, brother of last witness, said that three days ago he Wftlked/ivor the tracks in queution, and gave certain times. If he wantM to use the trucks be would take tue new one, as the old one was dangarous owing to the slip’. The new track was a good one. This year it was bis intention to secure a stud flock but that had to be left, as until this question was sealed they could nofe

tbeia place properly. To Mr M'Diarmid—The new track was through the section of Mr Newett, but ha did hot do the work which was done by bis brother and Mr Gregg. The truck was cut subsequent to the 22nd of June, about the 17th to 25th of July/ He had driven stock along the track, and had always given notice even if they were bulb cks with bell? bn Richard Gregg, said be was owner of section 2, Wnareorino, O.R.P. He took up the land according to the plafi issued, upon which there was no reference to a track. He was not informed by any Crown Land officer that there was a track. Newett owned a section further on, but witness was managing it for him. He had lost several head of cattle over the cliff, caused through the people passing. Two years ago he purchased 230 stud ewes but could not establish a stud, as the property was frequented by dog and men. The old track was but he could ride over the new one. Kerr did not give him notice. Witness did not see th<rcattle driven through, but he saw ' footprints through the gap later on,! It was not necessary for Thom to cut

all the wires as he could have knocked the staples out. Thom told witness chat it did not matter to him, as there was anouher party paying the costs. To Mr M‘D>iirmid Ho did not know there was a track through his section, as he came from a place where the Government made road-; and tracks before tbe land was taken up. The .cutting • f the feace did not hurt his stock. Toe ,dd track w,v-: impassible owing to slips, and be had also felled bush to deter pe ?ple from using it. He had seen the marks of a horse along the tr.-. \ during the past three weeks. He had found it customary that people used tbe track, but only to bring a few head through. It was not then customary to give notice before driving stock. He had not had experience of giving notice about stock driving. The Commissioner of Crown Lands told him that a certain portion of Willison’s

property would be cut off as a scenic reserve and therefore he thought it’was ! public property.

To Mr Gillies—Money had been spent on Willison’s and that was to tbe north. Money had also been

spent at the Waikowau but he was not personally aware of that fact.

Mr Macdiarmid briefly drew out his line of defence which was that Thom had a color of right when he cut the fence and thought he had a right to use the track, it being tbe only coast road between Kawhia and. Awakino and had been used for over a century. In regard to Kerr he thought that the seven bullocks being belled was “ sufficient notice ” within the meaning of the act.

Henry Thom said that it was in the middle of January when he went to reside at Nukahakeri ; he had pas sed through ever since the wreck of the Kia Ora. Knew the road right through to Taranaki, There was no other road that he was aware of, between Kawhia and Awakino. He passed there about 20th June. Prior to that d-ita he came to Kawhia, and found where the slip rails were that it was very dangerous. Going back he went the same way because he could not get the wires down. He did not interfere with the wires on that date, but on the next time he took the two top wires down, and got his horse over, but on the return jotuney he cut tbe wires on the track. He had been through a gate at tbe same place. Every ■ was cut. because a horse might hurt itself. The gate was lying on the ground, and he put it up and twisted the wire round it, so as to stop stock getting in and out. Why, he cut the fence was because he thought it was a public highway.

To Mr Gillies.—Had been in the district for over two years. He knew

i there was a public road between Waikawau and Kiritehere. He knew the track between Waikawau and Kirite- ■ here, and money had been—spent on rhe epas: track. Mr Atkinson, of Nukahakeri, had spent money on the track, and had sent tbo accounts to the Government, which jvore paid. He knew wbit a defined crack, was, The slip rails wore seven feet long. There was only about three feet between the track and the cliff. He'ent the wires on his own account. Rose sent word along that they would block the track, and Atkinson replied that he would cut th wires. (A name was banded in hero and Mr Gillies asked witness if the instructions to cut the fence were received from him, to which Thom replied “Instructions were sent to clear ' the track ”J

William Kerr, settler, of Kawhia, said that he had had a lot of experi - encs of tbe road between here and Awakino, which he knew for over nine *years. He knew the coast trick, and had been travelling over it very frequently. The track was called the Coast Track, and was the only moans of communication between Kawhia and Awakino. He took his seven bullocks from Nukuhakeri to Marokopa, and tboy were all belled. When he came , t) tbe boundary fence it was down, and ha could not say how many wires were cut. He saw a f w sheep in both places, but no c u le. Written notice could not be givn-i, as it would taka a whole day. Tbe track had been used as a cattle tr ck for over 20 years, and he was told that years ago the mail from Taranaki toßtglan used to ba carried that way. He brought his bullocks from Urunui, but did not find it necessary to give notices. There was only Bft 9in between the edge of the cliff, and on a wet day it was dangerous. He had risked a lot in his tims, but he would not ride around this place. If one beast jambed against another tbe lot would go over, i Money had been spent on tbe track, I which was the only road between Ku- i wbia and Taranaki.

To Mr Gillies—The public thought they had a right to go along the track, it was aluut -glt n ‘ awiy wh theGovtrmuw*! w*>

A townsman would have been lost on the track. There were other traces running off. To Mr M'Diarmid The cost track was the only reasonable way of getting to Kawhia.

Willitm Bathe, Government Road Engineer, of Kawhia, deposed that he knew the road which he inspected on September 26th. There was a wire fence then across, but it could be seen where it had been repaired, where the old track used to cross. His idea of tbe slip rail was that the track there was unsafe. To Mr Gillies—This was bis first trip to the place. Bima Barlow was with him and he did not object to P. Rose going too. There has been some little friction between Rose and the Roads Department He did not find the new (rack all right, as it skirted steep sidings, and was not fit for horse or stock. The Roads Department had constructed roads which were much worse. He did out get-his instruct ions to condemn tbe road from his chief. Ho was told that it was a bad track before be went there, but Mr Burd did not tell him to condemn it. He would not care to ride along either tracks, but the old track was the Soter. If the Denar’meut wanted to give access to settlers nt the back of Rose and Gregg’s they would finis! the Whakaban road. According to Ihe lease he Lad insr.ejted Ibero was no deduction from tjio'urca.-i for roadTo Mr M'Diarmid—Tbct coast tr ick wa« Ihe only reasonable tr ick.

To tbe Bench—-The Wiv<kaiiau road was not connected with the track.

Ihaika, an aged native, said lie had lived bu the West Coast for miny yeaa», and knew the main coast rosd, which ran from TeMaikatoTaranaki. The road; was ’he one Te Rao para ha went on. when he left for the South Island, and was tbo main mail route, (which he carried) before the war. It always was a stock track, and he h.d driven some from Pokearawa to Ka wbia. The road went through Gregg’s and Bose’s laud.

John Willison, settler, Marokopa, said be bad known tbe district, and travelled a lot between Kawhia and Taranaki, and had gone through Gregg and Boses’ pla-cc. Ho knew it as tbe Moeatoa Track. There was a track which went inland and came down several streams, which would meet tbe other (rack at the mouth of the Kiritehere stream. He knew of cattle being token through by tbe hundreds.

To Mr Gillies—To anyone living at Waikawau ei’her'of the tracks be mentioned would waif. There wera a lot of branch tracks now, but it was not so in the olden days. To Mr M‘Diarmid—He knew where the’gate was and it was on Native track.

Tereni and Taihau gave evidence as to the track being used by the nativesCoustable M‘Carthy said be went down and examined tbe fence and the slip rails. In dry weather and leading the horse it would be all right. To Mr Gillies—He thought there were other dangerous places on the coast track.

Owing to several important legal arguments being involved and the many other cases to be heard, by consent it was decided to leave the addresses on the subject till the next Hamilton Court.