WATER-RACE CASE

Press, Volume CXI, Issue 32553, 12 March 1971, Page 11

WATER-RACE CASE

Farmer loses

appeal

An appeal by Jack Francis Tutton, a farmer, against conviction on two. charges brought under the Brown’s Rock Subdivision By-law 1965, of the WaimakaririAshley Water Supply Board, was dismissed in a reserved judgment given by Mr Justice Roper in the Supreme Court yesterday. The appeal was heard on December 11. Mr P. T. Mahon appeared for Mr Tutton and Mr A. D. Holland for the Waimakariri-Ashley Water Supply Board. His Honour said that the appellant, was charged with “permitting to be done an act which increased the flow of water in the Brown’s Rock water race by adding water to the race without the authority of the board” and with “unlawfully and without the previous consent of the board, diverting water belonging to the Brown’s Rock water race.”

The appellant had been discharged without conviction on a third charge of lessening the flow of water in the same race.

“The appellant pumped water into the race, which runs through his property, from a well situated on his own land, and at another point ' about half a mile downstream pumped water from the race for irrigation purposes. It was accepted that he did not take out more water than he put in,” his Honour said. “I am satisfied that once the appellant added water to the race it became, in the words of the by-law, water belonging to the race, and that the appellant offended by later drawing off water. “The appeals are dismissed with costs to the respondent of $30.”