THE SQUARE.

Press, Volume LXVI, Issue 20083, 12 November 1930, Page 10

THE SQUARE.

SHELTER-SHED MUST GO.

COUNCIL ALLOWED TIME.

CHIEV JUSTICE'S DECISION

The Oity Cour.cil is to bo allowed until February 27th, 1931, to take possession of its new rast-room premises, and to commence alterations to them, before what has become known as "the Square dispute" is regain brought before the Court, a result of a decision of Sir Micha-el Myers, the Chief Justice, at the Supreme Court yesterday. In adjourning the application for the enforcement of the injunction his Honour added a minute which r.tatcd, inter alia, that "the present build'ng in Cathedral square (the shelter-shed) must be removed rot later than June 20th, 1931."

I'art of the original judgment said, "This order shall lie in tho office of the Court until a further order of the Court," and yesterday's action was an application that the order should now issue. This was moved by Mr M. J. Gresson, as counsel for the relator, Mr George Gould, while Mr R. J. Loughnan, the City Solicitor, appeared for the defendants, the Mayor, Councillors, and Citizens of Christchurch.

The motion was supported by an affidavit of Mr George Gould, setting out the facts o£ the original order, ot the appeal and the result of the appeal, and tlso non-compliance with tho order. A further affidavit was filed by the Town Clerk, getting out the steps the Council had taken in procuring a building, the fact that they could not obtain posseßsion until February Ist, and that the work of altering tho premises would occupy about nine months after that date. Tlie Public to he Considered. Mr Gresson outlined the facts of the position, and the terms of the affidavit, and commented on the nine mouths' delay consequent upon the alteration of the Council's new premises for restrooms. Ilis Honour: That is all very well, but you must not forget also the convenience of the public, of the great bulk of the public. You have succeeded in obtaining the injunction, but at the same time the Court has to be just. I cannot overlook the fact that the shed has been there very many years as a public convenience, and the corporation ought to have reasonable time to make arrangements. I thought that it would be reasonable to adjourn this application until, say. the end of February, and then to let the Court sec what the corporation has done. The corporation must understand that the order of the Court must he obeyed. Mr Gresson: On Juno 9th the defendant corporation bought the premises, and on that date the opinion of the lower Court had been accepted, the leave to appeal not being put in until July. On Juno 9th, over a year after the decision of the Supreme Court, the City Council enters into a contract not to get possession for eight months, and allowing nine more months for alterations. I would suggest that better step 3 could have been taken.

His Honour: The tenants cannot bo disturbed without compensation, and the City Council has to consider th-j cost to the ratepayers.

Mr Gresson: If it had been a picture theatre things would have been dono much more quickly.

His Honour: The corporation is a. body of men acting in good faith. They have to substitute another shelter, which 13 a necessity, for the one now existing. It woul.d be quite wrong to expect this to be done at no mat tor what cost.

Mr Gresson: I had been going to suggest that they should have the right to remove the shelter within three months.

His Honour: I suggest that the application be adjourned until about February 28th, for that would give the corporation time not only to enter into possession on February"lst, but to makj a start on the necessary alterations, and if they show by then that they are making an honest efrort to comply with the order, and act in the spirit of tho indulgence now given them, nobody would be injured. Possibility of Legislation.

Mr Gresson: A length of tiuie such as that asked for would allow another session of Parliament to begin, and that might result in an alteration of the position.

His Honour: If by the end of February they have started the work they must go on with it.

Mr Gresson: It is not only a question of the City Council, which is really concerned only to a minor degree. The other body is the Tramway Board, and wc have no indication of what the Boaru may be doing in the way of promoting legislation. The Tramway Board is not bound by the order of the Court, and may take steps to promote legislation. Presumably, after the chango is made, the Board would have to apply to the City Council for permission to make arrangements.

Hia Honour: I would adjourn the application with liberty to you to bring the motion in tho meantime with seven days' notice, and with an understanding that the matter would not be brought before the Court unless the position was altered, such as that the corporation showed a change of front. Mr Gresson: I do not like orders, with understandings. I would like to have provision made in the order. His Honour: There will be a minute setting it out. Let there be no misund rstanding. The order of the Cotirt must be obeyed and carried out, and that tramway shed must be removed before any other body can intervene. Tlie Council's Point of View. Mr Loughnan: I want at oneo to dispel any idea that "there has been any unwillingness on tho part of the City to comply with the order of the Court. The idea has not fallen directly from my friend, but that excuse might be inferred. The City has been endeavouring, is quite willing, a.iis anxious to carry out the order. It did the rightand proper thing bv«, calling together the parties concerned, with the idea of planning the best lay-out for the Square. Their deliberations covered a very wide ground, but the only plan that seemed likely was one involving a certain amount of give and take on the part of the Church of England, and when there was any likelihood of the Church not falling in with that plan, steps were taken immediately to- make other arrangements. Hia Honour: I grant that tho corporation is making every attempt. Sir liouglinan: The idea has been rretting about, and I wish to dispel it. Ilis Honour: You cannot object to the order that I propose to make. There iu no reAtton why the plane aad

fications should not be ary Ist, and tender., -g* before then. Mr Loughnan: X s ?°" the definite terms of the

Shed Must be Remored. i His Honour outlined his decision to adjourn the application o .he pre.™. .«» sraiXS T rr , w body promoting ' rrsL "'J' shed, which must be removed, he go ffi/Honour: Surely they can make a temporary shed by the end of June. Mr Gresson: The City the shelter; the Tramway Board wants that All that the City wants is a rest room, and it is erecting anything m plac„ of th • That is the com^licatiov— the two eon have to be removed before the next sitting of Parliament commences. It would never do for the Court to do anything with a view to its decisions later being altered in that way. I do not think that Parliament would interfere. At the same time it is clear that sooner or later there must be some legislation regarding tho Square. Mr Gresson raised the question of the costs of the action, but Mr Loughnan said that he need not trouble, and liis Honour added that he had the corporation's undertaking. The Judge's Decision. His Honour decided: "The application is adjourned until February 27th 1931, leave being, however, reserved to the plaintiff to move at any time after February Ist on three days notice, in the event of the defendant not having taken possession of its new P reml ?®® by February Ist, or not proceeding with due expedition after that date with the erection of the rest-room on its new site. I intimated that if the defendant by February 27th is taking all reasonable steps this motion shall be adjourned, provided, however, that the present building on Cathedral square be removed, not later than June 20th, 19 |lis Honour added that he thought that the defendants had had every dulgence from the Court that they could for. » « Mr Loughnan said that the City liad to deal with engineers and contractors, and there was a certain amount Of uncertainty as to the time the change would take, but his Honour pointed out that the City should have had plenty of experience in those matters. The costs were reserved.

future plans.

PROVISION OF SHELTERS.

SITE FOR REST-ROOMS,

Between now and next June definite plans for the reconstruction of the Square in some degree may mature. These may follow suggestions made from time to time at meetings of tho Combined Committee.

Mr \Y. Ilayward, chairman of the Tramway Board, said last night that he had always regarded the present shelter as desirable, but not indispensable. When it was removed there would no longer be the necessity for the train rails to incline in that direction, ana tlicv might.be altered so as to run straight between the Bank of .New Zealand corner and the Bercsfora corner Other awkward curves in the rails through the Square might also be straightened.

Temporary Shelters. As to shelters to take the place of the present one Mr Hayward could say | nothing definite. From time to time durinf the protracted negotiafltons, tie said, "suggestions had been made about where small shelters might be erected. For example two were proposed east •aid west on the south side of the Square, but so far as he could remember, this did not meet with unanimous approval from the Combined Committee. It was difficult to say they would be placed, or how many there would be. The Tramway Board would have to accept the decision philosophically, and make other arrangements for the accommodation of its passengers between now and June. What these would be would largely depend on whether the lay-out of the Square was substantially changed or whtsther tho present shelter was merely removed. The Town Clerk (Mr J. S. Neville) remarked that what the Tramway Board did to cater for the needs of its passengers was largely its own concern, but lie understood that plans had been prepared for shelters. These were not on such a large scale as the ono to be removed. Site Purchased. According to Mr D. G. Sullivan, M.P-, the site purchased for the erection of the women's rest-room was the block nest to the Strand Theatre, on which the premises occupied by Messrs Izard and Loughnan were situated. The tenants here had some rights and the site would not be available for rest rooms till nest February at the earliest. The City could not be left without central rest-rooms, so the Council had applied for an extension of time, which the Court had granted.Ho presumed that small shelters for tram passengers would be built as suggested some months ago by the Combined Committee. The Mayor (Mr J. K. Archer) said he would make no comment about the judgment till he met the Council.