"SECTION 1171"

Dominion, Volume 1, Issue 252, 17 July 1908, Page 4

"SECTION 1171"

THE PENALTY ON SUBDIVISION,

WILL PARLIAMENT REPEAL IT ?,

A number of people are inquiring Jvhother the GovoMlihent intonds to keep it? old-time ■ promise td amefld thd flitidh discussed "Section 117" of the Public Works. Amendment Act, 1905. . This is the : section which jras • ■ • introduced into the Act by the late Premier, - and which, in brief, makes it iriiposliblo for anyone to subdivid6 Ulid 'that faces a streetless than 66ft. iii fridth;'ib: that-in order to subdivido any sufih Jand the boundary has to be;«i6 bdek 33ft, froiti the'.niiddle'lineOof tho r<iad, iii Which case compensation may be demanded ffom the local body interested fox 1 the land, so dedicated. ' As the outcome • • of the working of this scction several local Jfodieshave been mulcted in largo sums by persons with facing narrow streets. • ~. who havo found it,'expedient to dedicate and v apply for compensation. ' Tho Section hits ,' Wellington particularly hafd,"fts'thero aro so ' many .' narrow streets which can never bis otherwiso: (mdced r thore arof jWido . -streets ill the older, part ,lhe width of such streets will. never bo altered becauso of the number cf.porsons own-: . ing singlo sections . which cannot bo further ;. / and ..Who have built r_ightxoUt.:t6' ■ the old frontage. Ono bor&itgh near 'Welling- : .-ton had not• a special :■ ' ■ /rate of Jd. :in,tho/£ to .compensate ono owner "of a.blcckj wh'o'had scett-Bt tS'Subdividbra'nd; dedicate. ;Tho .absurdity .of .'.the..section can / be. illustrated by quoting a supposititious case. There are large" 7 blocks, of 'valuable ■ city lands■.fronting Malnlcrs Street, divided .. by -20ft,- ibeing in at least 1 one instance undef a single ownership. Tho '-'j - i depth of the block would be fully three times ■' : / the frontage, so that if the owner subdivided, tit would bo on tho-frontage to theso narrow streets. To subdivide ho would to.dqdi- %} ' ieate; alltl, of c6tirs<s, wblthV apply'.-foi* i co'tiV- ■ 1 •' ponsatioiwTo compensate adequately for tho ' .loss-of such a valuable strip, of land, a very : ' -large eum of money would be heeded, and that r ' Kthocity would have to find. There is no SUg- / 'V. cestibn' that tho narrow streets mentioned are >■ in any degree conduCtftcTto'^luinp— Asphalted, and 'porfetitly ftdcqfiate* to"=thcf*de^- ■ i- mands made " upon- thorn "by' i.-| v■" wideningto::.GCft. ; ! of these : streets in such v;.'.■■■■closo proxilnity. :• would bo the sacrifice of 'J mu6h valuable building land without any comi'W ■■ pensatihg -'beiieftt;:ln. every- largo. city, .in : . V''tlie w'brld 'thero. '•strydts''alt6i , h , a't--? ■ - fog* With' broad ones f but-there is no pro- ' vision for., them in Section 117. - - • Tho efbwfiing feature of the section is tho ' absolute power- given to.the Minister:forpublic Works toV settle any dispute , which may ' arise.. ClftUsp.4 Saj's: "If any.'questionor "dispute --aKS.es lfere-'-under between the owner and a local auor tho owner''or. local •■authority l and tho District Lfcnd Registrar or thb ' Registrar: of Deeds, such, question-., or dispute shall : .be R-f erred ' to the Minister, .WliosS decision shall bo filial and .' eonclusivo on all parties; and ho may for . the purpose of such a decision cause an en- ■ quiry to/be held in. the ■ \ Of/that prbvisionAS'-'lpcal barrister siid: ' "■ ■ ; "It gives -"do as i lie v pleases in any ease, and is considered by • several members -of the legal profession to i bo the most iniquitous provision ever placcd upon, tho statutfi;"b6ok'i" : lt : ' absolutely: busts "the jurisdiction ;bMhb Court in., the: ' : 'i country, and mttkes;'the^sliniiter.:himself ; the' ' final court of appeal:' Ilf'flll cases up to t date an arrangement has been mutually :t agreed Upon betiV66h 6ouriS(sli.thftt provi- ■■■■'> sion bo ignored, biit if use it tho Court could c ba''- ; .elM\ved .to.JOflo; ' . Bide." . . '^T; The Onslow Borough Council has forwarded . a remit on the. matter of, the repealing of "Section 119" to the fftithcommc! • Munioipal : Conference, which'.will give tho delegates an opportunity of-airing their-experiences-of-tne working of tho section of tho Act. ! Mr. Seddon, had -.protaised . to Act -in- ' " its'application Hb^old-established-'streets-not • the full chain wjdei and probably would have done so had not death intervened.