ERECTION OF DAMS.

Taranaki Daily News, 6 September 1921, Page 6

ERECTION OF DAMS.

RIGHTS OF PROPERTY-OWNERS. THE LOCAL BODIES VIEWPOINT. As t'he result of experiences during the recent storm, the Taranaki County Council decided to obtain legal opinion on the liability of owners in cases where dams situated, on their property burst and cause damage to roads. Following this enquiry, a letter from Mr. T. F. Martin (Wellington), counsel to the N.Z. Counties’ Association, was read at yesterday’s meeting:— “Owners of land, have at common law the right to dam up streams running through t'heir lands so long as they do not materially interfere with the rights of lower owners. But by the Public Works Act, 1908, the sole right to use water in streams for the purpose of generating or storing electricity or other power is vested in the Crown subject to any rights lawfully held. Provision is made for the grant by the Minister of Public Works of licenses to use water for generating electricity for lighting for use by the licensee himself or for driving machines for agricultural or other

purposes. . . . The County Council appears to have no control over the erection of dams in private property. Its only power in the matter appears to be to invoke t'he interference of the Minister under the Act. It is possible, however, that the landowner in question has already acquired a right to use the stream as he does.”

It is stated that the dam broke away during a flood. If this was an exceptionally 'heavy flood not to be anticipated the landowner would not be liable to reinstate the road. Otherwise he would be lialile.

Cr. Vickers said the important point was the construction of dams. In most cases, if they were built under proper supervision, n(| trouble would arise. He considered it would be a benefit to have the law amended so that people who intended to build dams should be required to apply to the local bodies for permission.

The chairman (Cr. J. S. Connett) said there was no doubt some supervision was required.

It was decided to forward a remit to the Counties’ Conference, asking for cooperation in securing authority to deal with the question.