Appeal allowed in drainage case

Press, Volume CXI, Issue 32700, 1 September 1971, Page 4

Appeal allowed in drainage case

The Court of Appeal has allowed an appeal by Ross Spence Moir, an architectural draughtsman, of Christchurch, in a drainage case against the Christchurch City Council.

Mr Moir was charged in the Magistrate’s Court at Christchurch with a breach of the Drainage and Plumbing Regulations in that being a person oji whose behalf a stormwater drain was established, and being the owner of the premises, he failed in a duty to cause the regulations in respect of the drain to-be observed.

He was found to have committed a continuing offence after he had sold the property. This was upheld when Mr Ross appealed to the Supreme Court. In its decision delivered by Mr Justice Turner allowing the appeal, the Court of Appeal (Sir Alfred North, president, Mr Justice Turner and Mr Justice Haslam) held: “Appellant was in the year 1966 the owner of the property specified in the charge. While he was the owner he installed a drainage system which failed to comply with the requirements of the statute. In doing so, he committed an offence.

“After the date when he ceased to be the owner, he did not in my opinion continue to commit an offence by omitting to do something which only the owner is commanded by the statute to do.”