APPEAL DISMISSED.

Auckland Star, Volume LXI, Issue 187, 9 August 1930, Page 10

APPEAL DISMISSED.

FLOOD PROTECTIVE WORKS TO

PROCEED

WAIRAU RIVER BOARD

(By Telegraph.—Press Association.)

WELLINGTON, Friday.

Judgment was given to-day by the Court of Appeal in the case of the Attorney-General and others against the Wairau River Board. The appeal was dismissed in favour of the defendants, the Wairau River Board.

I Appellants in February issued a writ | claiming an injunction to restrain the i respondent board from prosecuting certain flood protective works in connection- with the Wairau and Opawa Rivers and in the area under the jurisdiction of respondent, and also claiming a mandatory injunction requiring it to remove such works as had been already completed. They alleged that as a consequence of the said works the navigable channel'of the Wairau and Opawa Rivers, which led to Blenheim, was being caused to silt up, and the volume of water therein lessened and the navigation of. the rivers and the use of the port of Wairau interfered with. Further, that the port of Wairau would become wholly useless, that the appellant board would lose its revenues, and the appellant company would be unable to navigate the rivers with its ships and carry on trading with Blenheim. The respondent board denied that its works would have the effect alleged by appellants. The case came on for hearing before Mr. Justice Reed in March last, and by arrangement the legal question, whether or not the respondent board had power to erect flood works m the Wairau Harbour Board's district, was argued.' ' The judge held that it had the power and appellants then appealed from that decision.