ROAD MAINTENANCE.

Timaru Herald, Volume XCVIII, 12 May 1925, Page 11

ROAD MAINTENANCE.

QUESTION OF CONTRIBUTIONS. A question having arisen, since the coming into operation of the Main Highways Act, as to whether the Mackenzie County Council should ‘ continue to contribute towards the up-keep of the road between Pleasant Pontt and Cave, the Council's solicitors (Messrs Tripp and Rollestoq) were asked for an opinion on the matter, and they have replied' as follows: — “Under tho terms of an award by a Commissioner set up under the Public Works Act to deal with the question of converging .traffic, the Mackenzie County Council was ordered to pay to the Levels County Council a proportion of the cost of maintenance of that part of the Main Mackenzie road lying between Cavo and Pleasant Point. “We understand that the whole of this road, including the portion in respect of which a contribution is levied on your Council', has been declared a Main Highway under the Mam Highways Act, 1922, and tlio question is whether this declaration absolves the Mackenzie County Council from the payment of this contribution.

“Section 9 of the Main Highways Act enacts that the Highways Board shall hare the sole powers of construction, reconstruction, improvement, maintenance, repair and' control of all highways, and for that purpose tho powers, rights and liabilities vested in or imposed on any local, authority are in the case -of main highways transferred to and vested in or imposed on the Board. ' “Section 18 enacts that in respect of the repair and maintenance of main highways the Board shall provide onethird of the . cost out of ; the Revenue Fund, and tho residua shall be payable bv the several local authorities within the highway district in such proportions as may be fixed by iho Board. “It, teems to us that tho effect of tlio ' two sections above quoted is. to lilaee the wliolo control of main highwavs' under tho Highways Board, and consequently to do away with any contribution as between neighbouring counties for converging traffic under tho Public Works Act, because the claim for contribution under tho Public Works Act seems to us to rest on thefact that the local body claiming it has the care, control and management of the road'. . ,

“That this is also tho view of tho Highways Board appears from a recent Iv published statement by the Board in which, when dealing with the advantages of tho main highways system to municipalities, tli© following passage occurs: —‘Tho Municipalities are considerably relieved by a main bUgihvay system of the increasing number of contributions that different commissions under the Public Works Act or special legislation have been levying on them.’ “Wo cannot see that there.is any difference between Municipalities and other local bodies in rogard to such contributions; consequently we advi<m (hat your Council is justified in withholding payment of tiio contribution asked for 'by the Levels County Council.”