Cashmere Farmer’s Road Petition Rejected

Press, Volume CIV, Issue 30868, 29 September 1965, Page 18

Cashmere Farmer’s Road Petition Rejected

'the Rev. E. F. Barrar’s petition asking the council to order removal of obstructions on a paper road serving his Cashmere farm, was thrown out by the Heathcote County Council last night.

The petition, signed by 24 persons, 35 of them county ratepayers, was considered by the council in the light of a legal opinion as to its obligations.

Mr Barrar, who supplies raw milk and cream, claims that he has been denied use of the paper road, and that he cannot economically work his dairy herd without the access it provides. The opinion said that land for the road had been transferred in 1854, and the 65chain road defined in 1860 The land was road, though never formed or used as such, and the council had control of it. The council should determine whether fences across the road were a sufficient nuisance to have their removal ordered. The petition should be rejected if the council did not think the degree of inconvenience was sufficient. The position, the opinion said, could be tested bv Court action, but the council had no requirement to form the road. The opinion advised the

council to decide if the gates or fences were obstruction, and if so, whether they were sufficient public nuisance to order their removal. If the council decided they were, the owner or occupier could be ordered to remove them within 60 days. If the council decided otherwise, it should tell Mr Barrar and the petitioners, who, if they wished, could take the issue to Court as to

whether the council should have taken action. On the motion of Cr. C. M. A. Thompson, seconded by Cr. E. L. Tyndall, the council decided that as there was insufficient public inconvenience, the request in the petition be declined. On the recommendation of the finance committee, the council decided to advise Mr Barrar to construct his own access tracks.