Haugahunga Drainage Board.

Te Aroha News, Volume XXVII, Issue 4500, 7 December 1909, Page 3

Haugahunga Drainage Board.

The monthly meetiug of the Hungahnnga Drainage Board was held in the Secretary’s Office, Boundary-street, Te Aroha, on Saturday last, at noon, when there were present: —Messrs T. Hanna (Chairman), H. Magill, J. Orr, F. Franks, and D. Waghom. Minutes read and confirmed. Inward and outward correspondence dealt with. —Mr Chudley’s Outfall Difficulty— The following letter was read from Mr A. Swarbriok, barrister and solicitor, Hamilton, instructed by Mr G. L. Laird ± of Waihou, with reference to the drains ' through his property. There are three matters requiring attention : 1. There is a drain through Mr Chudley’s property, the water of which runs through certain low lying land on my client’s property and eventually finds its way into a drain which my client has made in the Eastern part of his land. I am instructed that you are calling tenders for certain works on my client’s land in order to facilitate the flow of water from Mr Chudley’s land. The effect of these works will be to bring a large quantity of water on to the lower land of my client and unless the drain beyond is deepened and improved down to the creek the effect of your works will be to seriously damage my client’s land, for which he will have to claim com-

pensation under the provisions of the Act. I have therefore to require your Board to do such additional works to the drain extending towards the North, as will effectually carry off the increased flow of water. 2. My Client is informed that you propose to deepen or enlarge that portion of the Waifcekau Creek next to the road, on the Southern boundary of my client’s land. The effect of this work will be to largely increase the flow of water down the Waihpkau creek and unless the creek is deepened or enlarged onward to the northern jxmndary of my client’s land it will be incapable of carrying the increased. mow of water, and my client’s land will be flooded. I have therefore to require your Board to make the necessary improvements and enlargement of the creefc to carry off the increased flow of water pr my client will be compelled to lodge » further claim for compensation.

3. Tour Board has made a drain on the Southern end of my client’s land to the wesf of the Waihekau creek, and connected with that creek, but the drain immediately connecting with the creek is insufficient to carry the water and will eause my client’s land to be flooded. I have therefore to require your Board to make sqch sufficient drain to connect with ths creek as will carry off the water brought down by the before-mentioned drains, or my client will once more have to claim compensation. I way say that I have personally been over the land and am satisfied that my client h§a a good case for compensation. This, however, will involve great loss and expense to both parties, ana whilst I am quite prepared to fight the matter through before a Court I think that this is essentially a case where the parties should meet one another in a friendly spirit lind agree on such an arrange*n®nt us will avoid the necessity of litigation. I have therefore to ask you to l»y this matter before the Board in’ order that they may make some proposal wj)i fairly meet my client’s objections op these several points, or if you prefer it my client and myself will meet the representatives of the Board and go Over the land with a view to a settlement Or the matter.

Messrs Chudley and J. A. Cochrane were alio in attendance. The Chairman sait) the Board had used every means in its power to come to an amicably arrangement, but t heir-efforts had proved futile. It would have to take its fomer course.—Mr Magill said he was against hinging up the work.—The Chairman s»w no reason why it should be hung np.—Mr Magill suggested that the whole Board and the solicitor meet on the ground. In the meantime the necessary month’s notice be given by the Board to Mr Laird.—Mr Waghom : By *0 doing Mr Laird could have no excuse.—lt was agreed to reply accordingly and an effort be made to fix a date to Suit all parties —Mr Chudley said they might agree.for awhile and in a month hence may disagree again. He considered it better that the matter should go before the Magistrate and assessors as laid down by the Act. Mr Laird could •nly speak for himself and not for his successors. It was a question between private persons and a public body. All. •greed that a legal agreement was necessary.—Mr Magill : ft was a matter for I agreement; to go to Court was the last extreme, and should be avoided if pos • ■ible,—The. Chairman! Failing negotiations proving satisfactory, the Board would, go on.—-Mr Chudley : It is no use being sentimental; it is a matter of business.; and they should have their legal position clearly defined, now and for all time, —SubsidyLetter from Mr W. H. Herries, acknowledging receipt of Board’s letter of 2nd prox., with reference to subsidy, and intimating that he had already recommended same to the Minister; but that he would do so again. The Minister of Lands wrote with reference to an application for a subsidy of £I,OOO on the £1 for £1 principle ; that the application will be oonsidered when the Supplementary Estimates are befog prepared, —Classification— An account amounting to £l2 12s was received from Mr John McCaw for reclassifying Hungahunga Drainage area (four days). —Works Contemplated— Mr C. C. Otway, engineer to the Board, .forwarded copies of particulars for three contracts, viz., No. 25, Piranui; No. 26, Wnihkau, clearing out drain from willows to Mr Laird's to road; No. 27, Waipuna, from below Mr Laird’s wool shea to road. The engineer con • tended that to do any less work than what he had specified would only be useless in No. 27. as an outfall for Mr Cudley; as it will be an outfall for the Heard as well, he suggested that each pay half. —Tenders— No. 21.—Widening and deepening about 90 chains Owen O’Grady ana Coy., £3 12s 6d per chain ; Bray and Lapis, £3 9s per chain. Tne tender of Bray and Lupis. although considered on the high side, was accepted. Only two tenders were received for Contract No. 25, cleaning and deepening Piranui.—Mr Magill said that several others had intended putting in a price, but owing to the very vague way in which the work was set out, no pegs, etc., to guide them, they had refiained from tendering. He moved that the acceptance of tenders be held over for a week, and in the meantime the work to be properly defined.—Mr Orr endorsed Mr Magill’s remarks, and seconded the . resolution which was carried.—lt was resolved that the work be shewn on Wednesday afternoon by Mr 8, McKibbm

(who had assisted the engineer) and that the Chairman and Mr Magill open tenners at Waihou on Saturday next. I —Diverting Drainage Water— The Piako County Council wrote with reference to a drain, which, the Council understands, is to be brought up through i Messrs Lockyer’s and Sheehan’s properties. The letter complained that drainage water is being diverted into tbe Alexandra Boad drain, thus causing the carrying capacity to be considerably overtaxed. The Council desired to know if there is any possible chance of tbe work being taken in hand in the near future, as the water at present running into the road drain is causing the road . to remain in a very damp state, to say nothing of tbe damago to the drain itself.—lt was decided to reply that as soon as the drain below is completed now in band—tbe matter would receive attention.

—Objections to ClassificationSeveral objections have been filed to the re-classification as set down by Mr McCaw.—Decided to take the necessary steps to meet the objections. —Wardville DrainageOtto Schaare, wrote, agreeing to carry out the whole of tbe drainage from Maoriland to tbe jnnetion for £2O, He stated he would make a good job of it. The length is ahout 85 chains. A start will be made three chains below the Eastern boundary, and take up all fall until a minimum depth of 3ft is obtained; same to be ;continued to junction. The drain is to have a 6ft bottom, £ 'to 1 batter : and tbe whole to be done subject to the engineer’s approval. —Wages Sheet— The foreman, F. E. Hughes, outlined work done since last meeting, and enclosed wages sheet, £32 4s 9d. Referring to certain works mentioned Mr Orr said it was a waste of money, and that a start should have been made at the top 2ft, and it would then have washed out.—The Chairman said there was too much water and it could not be confined within 2ft.—Mr Orr : As soon as they started to widen they lost the fall; and the rest was a waste of money. —Accounts— Several accounts were passed for payment and the meeting terminated.