WHAT IS A PUBLIC ROAD?

Wairarapa Age, Volume XXX, Issue 8555, 14 October 1907, Page 5

WHAT IS A PUBLIC ROAD?

The Court of Appeal beard argument on Friday, says the Post, in the of the Bank of New Zealand v. the Auckland District Land Registrar. This was an appeal from a decision of Mr Justice Denniston, in a suit in which the Registrar had refused to register a transfer of 869 acres of land at Waitoa, Auckland to Mrs William Shepherd Allen, from the Assets Realisation Board, on the ground that the land did not front a public road, and that no evidence had been adduced that subsection 2 of section 2 of the Public Works Amendment Act, 1905 (requiring roads to be sixty links wide) hatl been complied with. The board claimed that the roads shown on the plan of the Waitoa Estate were public roads, and had been implicitly dedicated as such," and had been for many years continuously used by the public as roads .and streets without permission from the owner for the time being of the estate. Mr Justice Denniston held that none of the strips of land which it was claimed were public roads were public roads within the meaning of the statute, and it was from that decision that the Bank of New Zealand was now appealing: Mr Skerrett, K.C., with him Mr Hanna (Auckland) is for the appellants, and Mr Chapman, K.C., with Mr Rwarbriek (Auckland) appears for the respondent (the District Land Registrar.) " Judgment was reserved.