THE FORESHORE.

New Zealand Times, Volume XXXIII, Issue 5353, 24 May 1878, Page 5

THE FORESHORE.

The rights of persons who own Jand abutting ou the foreshore of tho harbor is a matter that of necessity has attracted a great deal of interest, of late, and it is rot by any. means strange - that conflicting opinions should be held as to what those rights are, and the best mode of adjusting them. The subject, has been repeatedly before the City Council in various ways, and ou. the 21st March tho Te Aro Reclamation Committee of the City Council made a report,, in which they dealt with a proposal made by the Gas Company with respect. to the projected continuation of Tory street, In the report reference was made to a letter from Mr. C. J. Pharazyu,, chairman ..of the Gas Company,, which , now .possesses ,a .renewed interestin'consequence of . a'letter; written by Mr. O. J. Pharazyn to the City Clerk and another by the Mayor to ! the secretory of the ■Wellington Gas Company. . In order that the matter , may,; bq fairly..befox'e the, public, we. publish the report of the committed and tbs correspondence we have alluded to. .Itwillbe seen that Mr. Pharazyn holds . strong., views on.the subject, and. intimates bis intention of appealing-to Parliament and to, the Supreme .Court.., . .., .:. i.;: - ... ,'i . '

The To Aro Kecl’amation Committee heg to rcpprt ‘that they have passed; the following resolutions, and recommend tho same for the favorable consideration. of the Council: — - - :: : 1, That the offer of tho proprietors of tho foreshore between Barber’s corner and Clydc-quay, viz., that--1 ; they consent to waive all claim for ■ compensation forloss of water frontage in consideration .of their,re-, ceiving Go£t. of the new. reclamation, with a street, frontage, on the" understanding that all tho proprietors agree to the same, 1 ' , ' . -. ■’ r *A That the proposal of the Gas Company, os embodied in their letter of the 15th March, (copy herewith), he acceded to, subject to a satisfactory arrangement being arrived at for the purchase of snob portion of their property as is required for the extension ot Tory-street. . ... ■ 3. That the offer of. tho proprietors of the foreshore in tho lino of ■tVillis-street, viz., that they consent' to waive all "claims for. compensation for loss of water frontage in consideration of .their receiving 06ft. of. the new reclamation, they,to pay contract, price for said reclamation/ and of half the width of' tlio' now street, to the eastward of their property, bo acceded to, on the understanding that all the proprietors agree tothesame. . -■ ...... 1. That the committee be authori-cd to'treat with tho "Wellington Gas Company for the'purchase of such portion of their, property as is required. for the extension of Tory-street; and that, on such being satisfactorily'arranged, the Corporation agree to grant a lease for 21 years of that portion of the foreshore to the north of the company's property," referred to in the general agreement with them and : other adjoining proprietors, hut terminable on the issue of the convoyance'of tho same. 5. That on the final laying out of the streets and bnllding allotments on tho proposed reclamation, suitable reserves ho made for.education and charitable purposes. .. I,UTTER EEFEKIiED TO. .. Wellington Gas .Works, ; 15th March, 1878. Sir,—l have tho honor to inform you that this company will require to make provision for a further extension of Its manufacturing plant in order to provide for the supply of gas to tho city for the winter of 1870." and in order to do .so it. will be necessary to erect a large brick building on that part of the company’s land which the Council; may hereafter require for the extension of Tory-street (and which has hitherto been kept clear of expensive h ’dings), or, to obtain possession of a portion of the land included in the grant to the City Council of the To Aro foreshore. It has 'also been proposed and agreed to by all the property owners having frontages to Lumbton-harbor in Te Aro t that, if the Conned will grant them a chain in width ofland, and a street frontage, no opposition will be offered to the'reclamation of the land, and all rights-to the water frontage abandoned. Should the Council desire to acquire the land for the extension of Tory-street, and desire this company; not to erect expensive buildings on the same, Xhave to request that the Connell will be good enough to grant to the company a "chain of iand-as above men- : tioned on the harbor side of the works, or to give snch . 0 tenure as will justify the company in incurring »; large expenditure, pending the final settlement of the harbor frontage question. - ” . , If you will kindly inform me of the views of the ‘Council at an early date I should'be greatly obliged, 'as it is'necessary to send orders to England by next mall, and the position of the buildings will materially, affect the design, . ■ - , This letter is understood to be without prejudice,— 1 have, &c., , C. J. Pharxzyit, Chairman Wellington Gas Co., Limited. His Worship the Mayor, , . " , "MB, THAOAZYN TO THE CITY CEEItK. Wellington, May 20, 1878. ' Sir,—As many persona may be imposed upon In dealing with the owners of reclaimed land having water frontages, under the impression that they are purchasing a right beyond the boundaries of the Crown grant, I beg that you will communicate my intentions to the City Corporation, so that the public may be made fully aware of the real state of the case. The history of the reclamation is so little known to the majority of the present ratepayers, and this being so, they naturally suppose that the Corporation would be faithful stewards, and not abuse their trust altogel ther, forgetting that as a Corporation it has not a conscience, and requires to be well watched.' ' Now as l am intimately acquainted with tho condition In which the present occupiers or their prcdcce::sors acquired their freeholds on the reclaimed laud in question, I fearlessly say that they never had any right to the water frontage beyond the time when it might be required for farther reclamation, and that any agreement entered into by the Corporation to give effect to such a right will be a fraud upon the ratepayers, and that if it bo necessary to go to Parliament for powers I shall use my best exertions to protect the public; failing these I shall have the Supremo Court to fall back upon, as X am well advised that as a ratepayer I ilionld readily obtain an injunction, which would at once put a" stop to the action contemplated by the Corporation. (Signed) O. J. Pharazyk. C. 0. Graham, Esq., ... , , Town Clerk.

THE MAYOR TO THE GAS COMPANY." , ; The Mayor’s Office, . Wellington, 22nd May, 1778; Sir,—l have the hone- to forward you a copy of a letter received by the Town Clerk from the Hon. Mr. Pharazyn, who, although he writes as a citizen, is chairman of your-company, and was as such-party to one of the proposed agreements which his letter impeaches.* Under these circumstances I feel that it ia due to the ratepayers that, ao far as yo«r company is concerned. the Corporation should at once withdraw from the proposed iigreetDent, unless Mr. Pharazyn gives in his undertaking not to raise the question mentioned in his letter. - ; Whatever the legal aspect of the question may be, the Corporation has been advised it would he-more judicious, and more-'in accordance with ordinary practice, and therefore more beneflclal to tho interests of tho ratepayers at large, that they should settle the disputed point by . a reasonable concession than leave it open for .contention in a Court of Law, with the further serioiis disadvantage of the delays attending the latter course. • I trust this matter will be brought as early as ; possible under the notice of your company, in order that the Corporation may know what course they should take lu reference to the matter.—l have, &c., ; , J. Dbansweld, Mayor.

J.-11. Ozonoe, 35sq», Secretary Wellington Gas Company.