THE PUBLIC HEALTH.

Manawatu Herald, Volume XL, Issue 1910, 3 December 1918, Page 3

THE PUBLIC HEALTH.

LEGAL POSITION OF COUNCILS. '

Borough and City Councils’ legal position and powers in connection with bousing conditions were dolincd in a report submitted to the 1 Auckland City Council, by its solicitor recently. The report is of interest to all local governing authorities, and is as follows: — Dealing first with the provisions of the Municipal -Corporations Act, he said section 279 was as follows; —“The council may do all things necessary from time to time for the preservation of the public health and convenience, and for carrying into effect the provisions of the Public Health Act, 1908, so far as they apply to boroughs.” This section did not mean that the council could do anything at all, no matter what rights or interest might be affected, so long as it considered such action necessary for the preservation of public health. It had never been the policy of courts so to construe statutory provisions, nor had it been the policy of Parliament when it really intended to give extraordinary powers to give them in the general and sweeping terms of the section.

The section really meant that where anything which was necessary for the public health or convenience might lawfully he done by someone, then (he council could do it, and might expend its funds and exercise its powers for that purpose. For instance, the council could not compel any citizen to take the medicine, however necessary for public health such action might be. The same position applied in dealing with properties. Under section 270 owners and occupiers could not be compelled to do, or to abstain from doing, anything which they could not he compelled to do or not do without the section, INSANITARY BUILDINGS. Dealing with a number of other provisions of (he Act, the solicitor said the pulling down of insanitary buildings could only be accomplished upon a certificate of the district health officer, or two qualified medical practitioners, or one medical practitioner and throe electors, to the effect that a building was unfit for occupation or dangerous to public health. In practice, only the certificate of (he district health officer was obtained, and until that was given no steps could be taken. It had always to be borne in mind that only the structural condition of a building was to be considered in taking action under this power. The council could take as for a public work any portion of the city which, in its opinion, had become in an overcrowded, degraded, or insanitary condition, and could reconstitute the area and resell the whole or any part. The provision of air space for dwellings was entirely regulated by section 294 of the Act, and the council bad no power to enlarge, diminish, or alter the statutory requirements. Us power was limited to enforcing the provisions of the Act. The regulation of lodginghouses must be carried out by bylaws to be framed by the council and made whenever the district health officer recommended them to be made. Under section 352 of the Municipal Corporations Act, 1900, the power of making by-laws extended to all houses, but in 1902 this provision was altered, and the council's powers were limited to lodginghouses. Section 45 of the Municipal Corporations Amendment Act, 1913, also gave power to make by-laws-for licensing, inspecting, and regulating boardinghouses. Further provisions were contained in section 344, sub-section (h) of the Act of 1908, and (bey gave the council (lower to make by-laws for conserving public health, safely, and convenience, and preventing and abating nuisances. Section 31 of the Amendment Act of 1940 allowed the council to prescribe a minimum frontage and area for (Iwetlinghouses. The usefulness of the section was largely discounted by the fact that it did not apply to any allotment of land shown on a plan of subdivision deposited at a Lands or Deeds Registration office or approved by the local authority (trior to (be passing of (lie Act of 1910.

POWERS OP PUBLIC HEALTH OFFICER.

Dealing with tho provisions of 1 ho Public- Hen Ith Aet, 1008, 1 he solicitor said its whole structure wns based on the parainounley of the Public Health Department, as reported by the health officers or the Minister. Section 5 provided that the general administration of the Act shall be under the control of the Minister. The powers given to local authorities were numerous and varied, but must, if not all, were placed at the disposal of the chief or district health officers, or the Minister so that a local authority could be recpiired to exercise them if the Department desired. In fact, the position of the local authorities was very largely that their funds and machinery were to he placed at the disposal of (he Public Health Department, and could be controlled by that Department, both legally and practically, to an almost unlimited extent. By section 79 an attempt was made to establish a system of joint control and responsibility, as by if the district health officer and the local authority were empowered and directed to enforce the provisions of the Act for the abatemeut of nuisances, the remedying of sanitary defects, and the' safeguarding of the public health; hut the provisions referred to usu-

ally “allowed” the local authority to do something if it thought fit, hut “required” it to do what the district health officer thought lit. Sections 70 to 84 of the. Public Health Act dealt with nuisances, including stables, and the provisions were so much fuller than those in the Municipal Corporations Act as practically to supersede them. Sections 90 to 92 contained provisions fur the pulling down of insanitary buildings, and the Act, with its fuller and wider powers, practically superseded the Municipal Corporations Act. The certificate of the district health officer was wholly required or allowed, and the local authority’s action was wholly controlled by the district health officer, who could himself act if the local authority failed to do so. Section 90 gave the district health officer full power to proceed with the condemnation of buildings and proceedings for their demolition, notwithstanding that the local authority might be unwilling to proceed with, or even opposed, an application. The power of the local body was negligible as compared with that of the district health officer. Section 308 authorised the local authority to make by-laws for the purposes of the Act, but by section 109 it was provided that such by-laws must be approved by the district health officer before they were made.

POWERS CONFERRED ON GOVERNOR,

An import:uif power was conferred, upon the Governor by seel ion 111, ;is amended by seel ion 2 of the Puhlie Health Amendment Act, lf)15. Under this provision the Govornor eould make regulations “prohibiting the use of a house or any (•lass of rooms (herein for human habitation that in I he opinion of the district health olllcer are unfit for such habitation. This power was not possessed by any local authority, and was the nearest approach to a recognition of the principle that houses should be subject to periodical examination by some authority. and their use, or continued use, prohibited unless and until they were put into a reasonably sanitary and wholesome condition. To enable a local authority to elfect (his, legislation would be required, and if legislation was to be sought it was worthy of consideration whether the preponderating power now possessed by the Public Health Department as against (hat of a local authority had been so beneficial as to' justify its continuance, at any ride in (he case of the larger municipalities.