WAIKATO RIVER COMMISSION

Pukekohe & Waiuku Times, Volume 6, Issue 314, 28 September 1917, Page 1

WAIKATO RIVER COMMISSION

Witnesses Called As mentioned in our last issue the Commission appointed by the Government to inquire into the alleged injury to the drainage of the Aka Aka land and of the navigation of the Aka Aka channel formally opened its sittings at the Courthouse, Waiuku, on Saturday last and then adjourned for an inspection of the river, which was completed on Monday. Mr F. W. Furkert, inspecting engineer to the Public Works Department, is chairman of the Commission, the other members being Messrs C. B. Yickerman, formerly Public Works district engineer in Auckland, and W. C. Kensington, 1.5.0., ex-Under Secretary for Lands. Mr H. E. R. L. Wily represented the petitioners, and Mr A. G. C. Glass (chairman of the Waikato River Board) represented the respondents Upon the enquiry being resumed on Tuesday Mr A. G. C. Glass, Chairman of the Waikato River Board, said he was not at the moment prepared to go on with the inquiry. He considered the scope of the Commission inadequate, and thought it should include the whole of the tributaries He had wired, he said, to the Prime

Minister asking that extended powers should be given to the Commission. In aDy case he could not proceed until he had had a meeting of his ratepayers He entered a further protest against the Commission being set up. The Board's engineer was in Hawke's Bay doing important work for other rivers, and would require time in any case to examine the Waikato River. The Chairman of the Commission said the Commission's report had to be in by October Bth and it would be impossible to extend the time. The Waikato River Board had had sufficient notica but had apparently not taken at.y action

Mr Glass stated that his district could not stand the expense of the inquiry. It might as well go bankrupt. He suggested that the engineers should sit in eonference with the C< in mission, and a decision could then be come to as to what course should be pursued in regard to conrolling the river

The Chairman said that the Commission could only consider the questions as between the Aka Aka district and the River Board.

It was finally settled that Mr Glass should appear as a ratepayer only, and should cross-examine witnesses through the Chairman.

Mr H. E. R. L. Wily, in opening the case for the Aka Aka settlers, said he intended to endeavour to establish that the Waikato Kiver Board's scheme was intended for land drainage solely, and that, not only without the consent but against the reiterated protests of the Aka Aka Drainage Board, groynes had been placed at the intake of the Aka Aka channel, having the effect of not only injuriously affecting the drainage of the Aka Aka plains but of seriously hindering navigation in what had been the best kept water channel of the river. Those groynes had also by bottling up the river raised its level and adversly affected the value of the Mangawhero creek as an outlet for drainage. The action of the groynes had also caused river-sand to be deposited in the Eastern and Matawhitiwhiti drains, interfering with their efficiency. The Waikato Biver Board had refused to discuss any proposed palliative measures with the Aka Aka Drainage Board, but had through their engineer promised to lower the level of the river three feet at Kaitangata. Tiiis had not been done, and the petitioners had had to ask the Government for an enquiry.

Mr W. J. King, clerk to the Aka Aka Drainage Board, was the first witness called by Mr Wily and gave evidence as to the protests made by his Boaid to the Waikato River Board, and as to the efficiency of the drainage before the groynes were put in. It was not now nearly as efficient as it previously was. Mr S. Hull, Chairman of the Drainage Board, and Messrs J. N. Massey, F. Bregman, and 8. P. Henry, members of tho|Board, bore witness to the extensive silting in the Aka Aka channel and to its injurious effects upon the navigation and drainage. The Mangawhoro creek, owing to the damming back of tlin river by the groynns had now reversed tlin direction of its course and earned the river into the plains instead of the reverse The Hoard had had t> look for an alternative out'et for the water upon the eastern half of the Alca Aka plains, the cost of which was us* i mated would he JL 1-100 If the groynes remained in position that expenditure would be an imperative ncucscity.

Messrs \V. Loudon and Henry Jolly gavo evidence detailing injury done to the drain ige by the btnks of that were formed owing to the action the groynes in the Aka Aka channel. Mi \V. Woodward claimed to have had a large exp> rience of tlie Aka Aka ib iimel for the lust 12 yea/a. Ho was ringer to the Acclimitisation Soi m 1 v and he was continually boating a'nl shooting over '.lie Aka Aka ciiati' id. lie claimed that there was an i:n ri-!ise of sandbanks over the

channel since the groynes were put in and he attributed this entirely to the action of the groynes. The navigation of the Aka Aka channel had been practically destroyed by the groynes. In one part there was not more than 15 inches where there used to be 45 feet. At one place the channel was so narrow that a man could almost jump across to the other side. The witness, generally, stated that the channel which used to be about three chains wide was reduced to three-quarters of a chain and even less.

Mr George Potter testified that he was the owner of the inland nearest the mouth of the river. He had had 17 years' experience of the channel and corroborated the evidence of the previous witness as to the sandbanks, and his belief as to the reason for them. He said navigation was practically destroyed on the Aka Aka channel.

Mr Chas. Shipherd, of Puni, deposed that he had known the river for 40 years. Up to the time the groynes were put in the Aka Aka was the customary navigation channel ; all the large steamers took that route. Before the Aka Aka Drainage Board was in existence he had drained some hundreds of acres of his land by straightening and deepening the Mangawhero. He further spoke as to the deposit of sandbanks opposite the ©evil's Elbow between the groynes and the river's channel. These banks had come into existence since the upper groyne had been put in. They appeared to be growing steadily although flood water had covered them in recent limes.

Other witnesses mentioned that Mr Kennedy, the River Board's Engineer, had promised to lower the river three feet on the south side at Kaitangata and thus improve the drainage considerably. In their opinion the river had not been lowered at all.

At this stage the enquiry was adjourned to the following day. \ On the sitting being resumed on Wednesday, Mr Glass then being absent owing to his attendance at Mercer at a meeting convened of the River Board's ratepayers, Mr E. T. Frost, of TuaKau, Kiver master and director of the Waikato Steamship Company, gave evidence that he had known the Waikato river for 29 years and had navigated on the river for 23 years as a river trader and flaxmill owner. He knew the River Board was set up for the purpose of draining the swamps in the neighbourhood of the Waikato. He was intimately acquainted with the northern channel of the Aka Aka during the greater part of the time. It was the customary navigation before any land was drained and there was a deep channel along the northern channel. They navigated where the Aka Aka groynes now closed the channel. Light steamers, drawing about three feet, went that way in preference to going the other way but they could not doit now in ordinary tides. Last summer in the wide channel half a mile beyond the groynes approaching Pakepake island, leading into the main Aka Aka channel, there was not more than one foot of water for four or five hours at low tide. It had interfered with the convenience of the Aka Aka people for navigation purposes. The erasion has widened the Maori canal from a narrow drain when he knew it first. Five years ago it was under 20 feet, but it was about 30 feet now. The erasion had taken place on account of the efforts of the river to get into the northern channel. About April or May of last year he sounded between three or four yards from the mouth of the eastern drain and found eight inches of water at dead low water. For 15 to 20 years he had been drawing flax through the eastern drain and there was 16 to 18 feet of water. The Mawhitiwhiti drain was deeper. The northern channels were much narrower - seriously narrow as well as shallow. At the gauge a few chains above the Aka Aka groynes the reach was 12 inches above the gauge at Mawhitiwhiti in November last. The tide was just about high water. He had navigated the Mangawhero creek many times from 1900 to 1905 and taken thousands of tons of firewood out of it. He etated that as far as the region of the sheep paddock tv as concerned the southern channel had not improved for navigation since the groynes were put in. The channel was not wide enough to carry the river, no saw tlie Waikato Kiver Board dredging and the spoil was not removed. He also saw the blasting operations and considered they did no good, the holes filling up again immediately, lie also observed the Maoris shovelling tho sand before tlioy got the drodge. There seemed to lie a succession of sand banks on tho fairway side of groynos above the 1 (evil's Elbow. On the average the river was not deoper than it was before. Tho surface of the water level was net being lowered since the groynes wi re pu r . in, but was higher owing to the w.iter being held up. He did not notice any material incrense in the velocity of the stream. Ho considered thut if the groynes were not there the floods would not rise so high. The first groyne was sound and holdiug well; the second groyne had been partly demolished more than once; the third groyne had

been washed out completely and replaced by piles being put in. Previously there had not been so much water in the lower end of the swamps as there had been the last three or four years. Mr George 8. Lapwood, of Tuakau, deposed that he had been acquainted with the Waikato river for 30 years, including 16 vears in the capacity of a launch trader. For 16 years the customary navigation of the river was on the Aka Aka channel. A great change had taken place since the groynes were put in and of considerable detriment to the Aka Aka channel. If the groynes were removed and the river allowed to take its own course the sand banks, if not made too solid by the weeds, would probably be washed away. The surface of the river in the southern channel had not been lowered since the groynes were put in. It was as bad as ever for navigation purposes. He was satisfied that the water did not now go to the north side like it used to and the other channel was no better as a consequence. In general, Mr Lapwood corroborated what the other witnesses had said about the northern channel. This concluded the evidence on Wednesday.

At yesterday's sitting of the Commission Mr Wily was the concluding witness for the petitioners. Evidence in support of the River Board's works was next given by Messrs A. H. Lapwood, Thoa. Lapwood, C. Boose, P. Sellars (the Board's Overseer}, and A. G. C. Glass, and the Commission was then adjourned to Auckland, whore additional evidence is being taken to-day. A report of yesterday's and subsequent proceedings will appear in o*r next issue.

River Board's Position In accordance with an advertised notice an urgent special meeting of ratepayers of the , Waikato River rating area convened by the Chairman (Mr A. G. C. Glass) of the Waikato River Board was held at Mercer on Wednesday afternoon last to consider questions dealing with the Royal Commission sitting at Waiuku. Among those present were Messrs A. Glass, W. Mcßae Peacock (Tuakau), C. Roose, W. Gallery, H. S. Valentine with the Clerk (Mr A. L. Stevenson). The Clerk read the notice convening the meeting. The Chairman (Mr Glass) then explained that the reason for the meeting was because the Commission had been set up at only a few days notice with the result that the Board were unable to submit satisfactory evidence in support of their position. Mr Peacock and himself had attended the Commission at Waiuku and had pointed out that the Order of Reference included the whole of the Waikato river and tributar " ies sod as such the Board should be entitled to fully submit evidence. Continuing, he said the question of costs w as an important matter and be distinctly pointed out to the Chairman of the Commission that as the points raised affected an important waterway it was not so much a River Board's concern but a National one and he strongly protested against the bearing of the cost which he urged must be paid by the Government. Mr Glass then read to the meeting Counsel's opinion on the Board's legal position. Mr Peacock pointed out that he understood the Commission would not accept evidence except that bearing on the Aka Aka swamp. The Chairman said that the Aka Aka Drainage Board desired to have a drain about three miles long constructed from the Eastern to he Western area which it was estimated would cost about £4300 including the cost of the dredge. After some informal discussion Mr Peacock suggested that representation should be made to the Commissioners that some time should be allowed to enable expert witnesses to be called. Mr Kennedy (the Board s engineer) would be an important witness and would also be of assi>t ance to the Commission on important questions at issue. So that some representation from ' that meeting should be made, Mr Valentine proposed " that a deputation of ratepayers from the Waikato River Board's area should attend at Waiuku on the following day to give evidence in the interests of the ratepayers." . This w as duly carried On the Chairman enquiring if it was the wish of the ratepayers that they should fight the Aka Aka Drainage Board Mr Peacock expressed his personal opinion as against adopting that attitude, being in favour of submitting evidence before the Commission. He t h en ./ o ''* mally moved "that the Waikato River Board should not be reprpsenred on the Commission but that the Commission should be asked to ca > any evidence bearing on the scope of the Commission, Captain **agg and Messrs C. J. Kennedy, and Aithur Lapwood and J. Sellars being suggested as witnesses. This being put to the meeting was agreed to , . Mr Valentine then propose! ana Mr Roose seconded th« folio* ing resolution: "That the Premier and Minister of Marine should be commutiicated with immediately P™ tea -' ing that tbe Waikato River Board has not been allowed tune to call evidence to protect its interests before the Commission now sitting at Waiuku for the purpose of investigating the effects of tho work done by the said Board on the >\ aikato river and also that no guarantee is given by the Oommision to defray the witnesses' expenses. This was agreed to Mr Peacock suggested that representations sh mld be made to the Commission that whilst the Hoard cannot compel Mr Kennedy to attend the Commission he shouui be subpoenaed to give evidence The Chairman informed the meet ing that Mr Kennedy had telegraphed that he was engaged on important business up to the Bth October and as the Commission's report was to be presented to the Government by the sth of that m >nth s>me pressure should be brought upon him to give evidence. Arrangements were then male to obtain sufficient representation of ratepayers a< quainte I with the V\ aikato river to attend the Commission and the meeting then closed.

counsel'S OPINION' Counsel's ooinion a* givvn bv Messrs Hall Skelton and Ske'ton. of Auckland, and rea 1 to the meeting bv Mr Glas«, dealt with the "Order of Reference" up in which the Commission was appointed and concluded : "NVe urge \outo emphatically piotest against the wholly inadequacy of time allowed you to prepare vour brief. It is the most unbusinesslike until >d of commencing an enquiry of a most important provincial and national charact'-r that one could imagine. The questions of reference are extremely badly drawn up. They appear to be the work of a thoroughly inexperienced person. We can only express out sympathy for the uu-

fortunate Commissioners in having to handle an order of reference which lends itself to much confusion and deals in a most inelTective way with matters irfelevant to drainage and navigation operations connected with the Waikato river. The question of the canal in itself would take at least two weeks and the expense involved in brimging experts capable of handling such a matter would be enormous We can only advise you of the utter absurdity of attempting, to do justice to the matters involved without having at least one month to prepare the brief. If the Commission intend obtaining shallow evidencp, obtained in a flimsy, manner to found their report upon in a matter of such great importance to the conntry we do not think any possible good could be derived from such a report nor would the Government be justified in wasting so much money in merely scratching the surface of so great a problem. It seems very strange to us that the Waikato Kiver Board were refused a Commission two months ago and that the Waterways Commission set up about throe years ago was abandoned on account of lack of funds and then that suddenly with throe days' notice, without the order of reference being set forth, your Board should be expected to prepare a brief and involve yourselves in untold expense oh matters in many respects quite outside your operations."