Dixieland’s Protest

Sun (Auckland), Volume III, Issue 719, 19 July 1929, Page 11

Dixieland’s Protest

CONTROL OF PT. CHEVALIER BEACH City’s “Ulterior Motive” “T'IIERE is an ulterior motive in this latest move, and that 1 is to prohibit my company the right to build baths at Point Chevalier.” So said Dr. F. J. Rayner, chairman of directors of Dixieland, Ltd., in announcing this morning that he intended vigorously to oppose a Bill shortly to be placed before Parliament by Mr. M. J. Savage on behalf of the City Council to acquire control of portion of the Point Chevalier foreshore.

rpHE Bill is called the Auckland City Sinking Funds and Empowering Act. It is the latter aspect that is giving Dixieland, Ltd., some concern. The pertinent clause reads: — Be it enacted that the control of that portion of the foreshore at Point Chevalier containing 63 acres, and comprising the whole of the tidal land between high and low water, spring tide, is hereby vested in the City Council, and the council shall have all rights and powers which are, by section 158 of the Harbours Act, 1923, vested in a local authority to whom control of a foreshore is granted under that section. Clause two of Section 171 says that; —“The local authority to which control is so granted may make such by-laws as are necessary for the control of the foreshore and for the proper conduct and clothing of persons bathing on or in the vicinity of the foreshore.” At present the beach in question is under the jurisdiction of the Marine Department, and Dixieland, Ltd., contends the department’s inspectors are quite as capable of looking after Point Chevalier Beach as they are of the many other beaches under their surveillance. A PROTRACTED HISTORY Sketching the history of his project, Dr. Rayner said it was about three years ago that his company first recognised the desirability of baths in order that the many thousands who visited the beach during the summer should have adequate bathing facilities. The tidal peculiarities of Point Chevalier were, and are, such that bathing could only be enjoyed for a short period each tide, unless swimmers were prepared to venture far out into a dangerous channel. Dixieland, Ltd., therefore, made overtures to the Government for an Order-in-Council to erect baths at the extreme end of the beach on the rocky portion not used by yachtsmen or bathers. After exhaustive inquiries by its engineers the Government issued the order, which was duly forwarded. “In the meantime certain of the then Cijy Councillors agitated against the granting of the order,” Dr. Rayner said.- “The- late Government withheld it, and set up a commission which, after hearing a mass of evidence, issued no finding. The council then obtained an injunction restraining us from building on the proposed site because of interference with riparian rights.” The company next sought an Order-

in-Council to builcl in front of Dixieland Cabaret. The acting-Minister of Marine, Sir Francis Bell, said fhat he would have the order issued provided the Harbour Board had no objection. The board stated it considered the original site the better one, and could not see how the City Council’s rights would be in jeopardy. With that before him Sir Francis held the matter up, and the Reform Government shortly afterward went out of office. The new Minister of Marine, the Hon. J. G. Cobbe, then became interested, following a communication from the Mayor, Mr. George Baildon, to the effect that the beach was being denuded of sand by the action of a large diving pontoon and that citizens were becoming greatly alarmed. “Mr. Cobbe was taken by the Mayor to see the beach at high tide,” Dr. Rayner said. "He was also handed a photograph showing mangrove stumps alleged to have been uncovered by the scouring for which the pontoon was blamed. X challenged the Mayor through the Press to state where he obtained the photograph, because it was obviously not taken on Point Chevalier Beach. There was no reply.” LETTER TO MINISTER

In an endeavour to prevent the empowering clause going to the Statute Book, Dr. Rayner has written this week to the Minister, stating that handing over control to the! council would meet with general disapproval, both by residents of the Point and every swimming organisation.