INJUNCTION GRANTED

Press, Volume CXI, Issue 32702, 3 September 1971, Page 17

INJUNCTION GRANTED

Nuisance on property An injunction was granted by consent by Mr W. F. Brown, S.M, in the Magistrate’s Court yesterday to prevent Joseph Harry Annan, aged 31, a. mechanic (Mr P. N. Duncan), from using property at 103 St Johns Street contrary to the residential A zoning. The injunction restrains Annan from using his property for body repairs, welding, blacksmithing, engineering work, wrecking, buying, and selling cars, and testing tanks and Bren-gun carriers. A fine of $5O was imposed, with witnesses’ expenses of $19.50, injunction costs of $2O, and solicitor’s fee of $lO. Annan changed his plea from not guilty to one of guilty after seeking legal advice. The Magistrate advised Annan at a hearing on August 12 to seek legal assistance, as he was conducting his own defence. At the previous hearing evidence was given that Annan used his property for motor-vehicle repairs, welding, wrecking of cars, and tuning of stock cars. An Army tank and a Bren-gun carrier were also tested in the street.

Mr R. J. de Goldi, for the Christchurch City Council, said that the offence was. a serious one which persisted for a period of time and the noise was bad. Mr Duncan said that Annan was a “bom natural” with things mechanical and this occupation ruled his life. The property at St Johns Street was his own, and he took the attitude that what he did with it was his - own business. There had been, a noticeable lack of activity in the last two weeks about the defendant’s property and welding equipment had been taken to an industrial section in Waltham.

"This was a quite unjustified use of your property and the neighbours were put to considerable inconvenience

and noise,” the Magistrate said to the defendant. “They had to put up with considerable interference of their locality. The noise of a tank being tested shook a house. You were not doing this repair work just as a hobby.”