MUNICIPAL CONGRESS

Dominion, Volume 1, Issue 2631, 5 August 1908, Page 7

MUNICIPAL CONGRESS

IMPORTANT SUBJECTS DISCUSSEF SUPERANNUATION SCHEME. SPEED OP MOTOR-CARS. ■ STREET WIDENING POWERS. The Municipal Conference resumed yestefr day morning, Mr. J. Piper (Mayor of Nelson) presiding. PUBLIC HEALTH. A New Plymouth remit was considered:--"That the laws relating to public health be amended to make it obligatory that where a death occurs from a notifiable infectious disease such death shall be registered beforo tho burial takes place." . The remit was adopted. It was also agreed:—"That the laws relating to public health bo amended to make it obligatory for auctioneers and secondhand dealers, before receiving bedding or clothing for sale, to require a statutory declaration to be signed that such bedding, etc., has not been, exposed to infection, or has been properly disinfected." OVER-CROWDINC. • A remit from St. Kilda was moved at follows:—"That tho Municipal Corporation! Act, 1900, and tho Amendment Act, 1906,should be amended to enable each council to prescribe such extent of open space anil distance across as it may deem reasonable, subject to tho express condition that such extent and distances shall not be less than the extent and distances prescribed by statute." ; It was objected that the clause would giv« too wide a discretion to the local authority. Local bodies had. sufficient powers at. present to make by-laws to prevent over-crowding. lhe mover said. that in St. Kilda. speculators bought up- corner sections 100 ft. by oOft., and erected thereon two cottages. The result was overcrowding arid depreciation of adjacent property, yet tho borough had no powors to prevent the practice. • ; ' _ Mr. T. ]?. Martin, legal adviser to the Conference, explained that a minimum air bpace of 300 ft. was laid down by statute. Ho. did not' think that a by-law would stand which sought to compel a man to leave more air space than the statute provided. Mr.' C. Allison (Mayor of Christchurch) an. amendment of th 6 motion restricting its operations to boroughs with a population of not more than 5000. Tha cities could not afford to exceed the limitation fixed by statute. Tho amendment was not accepted.The motioil- was adopted by 27 votes to 14.

TAX ON GOAL. x A r,emit from Palmorston North was on the order papor:—"That the Government ba asked to repeal the.tax of 2s. 6d. per ton on coal imported to inland towns, and to place the importation of coal to inland towns on tho same, basis as seaports." Tho Palmorston delegate asked leave to withdraw tho remit, since it appeared that tho extra 2s. Gd. was an imposition on imported as distinct from native coal, which ho thought was a reasonable thins. CHARITABLE,AID RATE. A motion from Lower Hutt, "That the pra. sent system of allocating the levy for charitable aid purposes in the Wellington and Wairarapa Chantablo Aid District is unsatisfactory," caused a somewhat confused discussion. A section- of the Congress objected t<j tho motion as a purely local matter, and tin Hon. J. Barr moved that the Council proceed to the ne-rt business.

■ The. remit was carried, an amendment to add to tho motion that, levies should bo inadr on, a population being disallowed. RETROSPECTIVE OR NOT? A question was raised whether a motion passed the previous daj; was meant to bo retrospective.; . The motion was: "That aU dwelling-houses built contrary to, tho provis> ions of tho Municipal Corporations 'Act, relating to open space, and not only lodginghouses so built, should be liable to. alteration if_ tho same can bo altered so as to conform with the law, or if not, to demolition as insanitary buildings." ■ It was moved that the Word "hereafter"should be added to the resolution. Mr.'.Hiridmarsh (Wellington) thought that it would serve the owners right if the motion was left retrospective, since they must have infringed the statute. At the same time, tho point, would be decided by the Legislature. Ho suggested- that the motion was out of order,. • The' chairman ruled accordingly. SUPERANNUATION SCHEME. Mr. T. F. Martin presented a Bill dc. signed to incorporate the Munioipal Assoeia< tion and to enable it to establish a superannuation scheme, tho details of which wers to bo set out in an Order-in-Council. The Bill, contained tho provision for enabling Tramway and Drainage Boards and other focal authorities to come in under tho scheme with the consont of tho Association. Since tho scheme was considered by' tho Executive Committee, said Mr. Martin, the Premier had 'announced that ho was formulating a scheme for tho superannuation of employees of all the local authorities of every kind in the Dominion. Under these circumstances it might become, a question whether the Association should not forward to tho Government tho printed actuarial and other reports prepared at its instance, so as to enable the Government in preparing its general Bill to have the benefit of tho work done by the Association. The value of the Association's work consisted largely ill the fact that its scheme was based upon statistics supplied by tho various Town Clerks giving tho number, age 3, remuneration and length of services of all the em< ployees of the several Councils. The scheme as finally adopted by the Executive Com. mitteoMvas described in tho reports of Mr. : Geo. Leslio, tho actuary employed by them. ' A statement of tho principal heads of tbn.fi scheme was given as follows■

1. " Tho fund to be self-supporting, being financed only by. contributions of employees. In this connection tho Executive Committee felt that to provide for compulsory _ contributions from thai Borough Councils, some of which aro much, straitened in finance, might tend . to jeopardise tho passing of tho Bill. 2. '' Tho rato of interest adopted is 4 per cent. *' ... 8. " Each employee is to receive an annual pension of sixtieths of the total renumeration paid to him during all the • years of his contributions to tho fund until, reaching 65. 4. " 'I,'ho scheme contnins 110 provision for ' back service.-' • The, actuarial report shows that to'provido sixtieths of salary for members of office staff a sum of £24,647,: and for permanent workmen ous of £56,146 would liavo to bo found, ' making tho total of £80,793. 5. "Tho scheme contains no provision for employees of either kind'who are already over tho age of sixty-five. The actuary estimates that to provide sixtieths of salary and wages in tlieso eases would necossitato tho finding of tho sum ■ of £37,621, and that, as a large- number - of these employees would come at once upon the fund, tho immediate annual charge would bo about £5000." Sir. F. W. Thorp (Motueka) ,moved tfiat tho report be forwarded to the Government, and that the Association come under the Government's scheme. The Mayor of Gisborne (Sir. W. D. Lysnar) proposed that the model Bill should be submitted to the Government.

Another- delegate thought that fuller information should be given, including the amounts of annuities. Ho submitted thai the matter should be referred back to the Councils for further consideration.

The Chairman stated that the . mrtttof was before the Conference six yoars ago and Mr. Martin then sent' full' particulars to all the municipalities. Mr.' J. P. Luke (Wellington) strongly o[, posed furthor postponement of the subject, They should put their general desires before tho Government, and let' them lick the scheme into shape. He did not think that all the cost should fall on the 1 employees.

Tho Government and local bodies should contribute. He thought that the Conference should approve of the Government's scheme, , and ask that, it should be put through this session. ... . Mr; C. J. Dasent (Karori) thought that tho conference should submit its suggestions to the Government for consideration. The Councils should supplement on a small scale the contributions of employees,to the fund. He thought that the Government would take tho next, five years to formulate its comv prehonsive scheme* and that in the meantime the Municipal Association should pursue a scheme of' its own. Mr. C. J. Parr. (Auckland) advised that no action should be taken till the conference had learned from the Government precisely what its intentions were. The deputation which i would : wait on the Premier at the conclusion .of the Congress could ask for this information;' It would he better for tho Councils' employees to be brought under, a comprehensive State scheme, than under a scheme of the Association, which it might • bo ■ difficult to finance satisfactorily. . Mr. H. Davis • (Mayor of Asbburton) said that the longer this matter was left the more difficulties, were raised. Mr. L. G. Bagnall (Auckland) proposed that if the Government could not go on . - with its general scheme, it should bo asked to take up the scheme of the Association. He moved an amendment to the motion incorporating this request. It was _ better : that the Association should not provide for the older employees than that it should; undertake a, scheme which might be bankrupt in a fow months. . Mr. T. J. Thompson (Hastings) said'that tho older employees would not be contributors, so that thej[ would not be adversely affected. It was important to provide some encouragement for younger employees. " ■ Mr. H. H; Loughnan . (Christchurch) . thought that tho Government's scheme might 1 take years to inaugurate, and that, in the ■ meantime the Association should take action. ■•.■■■■ The amendment to the motion was approved. .. --- !' < The motion ,as amended was then car- ■ ried. LOCAL' BODIES' LOANS ACT. < Tho foDowing Onslow remit was moved:— "That when a portion of a borough becomes • merged into an adjoining borough, and the mcrged.area is subject to any;special rate or 1 rates for- tho repayment of- moneys bor- ■ rowed,' then authority shall be given by : statute to tho latter borough to 1 levy and collect such rates„as the former'borough may; require from .year to year'to pay interest and sinking' fund 'in connection ' with loans ' borrowed prior to the,merging, provided that a poll of the ratepayers is first taken."— ■■ Carried.- . The following remits were also approved "That tho legislation regarding loans , to lccal bodies be amended to,,enable loans'to ; : bo converted at.,'a _ higher" rate of ■ interest where .necessary without: taking a poll of i ■■.ratepayers."—(Onehunga.) , . .. -i "That-in the matter of tho Local Bodies'- ] Loans Act, 1901, where, it is required to I describe-the boundaries of a borough it will bo sufficient to: state the date of the 'Ga- i ' zette' containing the proclamation defining ; tho boundaries of such borough."—(Feild- ' ing.) • ■ : '■ - r. - ■■■-■'■ 1 "That tho Local Bodies' Loans Act, 1901, ] be amended to allow loans secured by special i • rates over portions of a borough _to bo con- ■. solidated in one loin or to permit one. rate i to bo struck'over the whole area to provide i all tho interest on' such special loans."— ( (Eketahuna.) ' i "That the provision that the animal charge i on tho district shall not be increased where i ■ a local authority raises money . .by special ] oider for paying off, consolidating, or con- < ' verting the .whole or any part of any . special - lean theretofaro lawfully raised bo repealed." j —(Wellington.) "That the. limitation imposed by Clause i 18 of the Local. Bodies' Loans Act,' that; no ■ .debenture'shall be. for more than £1000, be i : removed, : and that debentures be issued to any amount.'?—( Wellington.),;:"; J. H. Blackwell '(Kaiapoi) moved that i . the Association's ■ legal adviser be askqd to : draw up a model order of procedure in con- ] nection lyith the raising of loans by . local 1 bodies. , i Tho motion was adopted. i

BILLS COMMITTEE'S REPORT. ~ The report of tho Bills Subcommittee, was ' received on various. remits submitted to them: — '■'■..■/ ' ' One' of tho remits was to this effect: That'the ■ following addition be made to Section . 236 of the . Municipar Corporations Act > 1900:—r"Before, commencing to lay ,out any roads.'or streets, which, may .be later offered to the Council, the . owners shall deposit a plan showing the direction," 'alignment, grade and formation of such road. or •; street.' The owner 1 shall also . deposit specifications of such roads or streets' showing tho proposed construction of same. The Council shall havo the rightf to approve of 1 or reject such plans and specifications, and v anyl amendments: ' required by the Council shall bo carried out by tho owner to the entire satisfaction of the Council. The Council; rriay.'.as a condition .precedent to taking over such roads or streets, require that satisfactory arrangements aro made by tho 1 owner for tho_ dedication to the Council of .sfich site or sites as 1 may be required for a reservoir or other public purpose other than a recreation reserve. The .owner' may-be required to make such .provision for water supply, drainago sanitation as the Council may deem necessary."—(Sumner.) ■ The Committee reported that they:could not recommend the adoption" of tho-. latter portion of the remit commencing "The Coun- '... cil may as a condition." Tho Committee recommended . that' the words "kerbs and channels of such material and in, such manner as the local authority shall require" be v' added after the word "footpaths" in subsection 2 of section 116 of the Public Works Act 1905, and that the remaining words in tho sub-section bo deleted. . The Committee " thereforo added a .clause to the Public Works Amohdment Bill to the above effect..

. The Committee . added to tho. Tramways 'Amendment; Bill the following new clause: "Tho promoters: shall not be liable for loss of or damage to passengers' luggage unless a.separato ieo,shall have been charged and paid for tho carriage thereof." ■With regard to an. Auckland remit, that the Municipal Corporations Act be amended to extend the powers of tho municipalities to mako by-laws with respect to the. licensing , of, public entertainments, the Committee decided that requirements wore. already met by references to provision against fire in the Municipal Corporations Act; and Fire Brigades Act.. . • . ~ As to tho rest of the remits referred to tho Committee, it was found that the substance of thom had already been incorporated • with tho Bills submitted to them.' The report was adopted. ■ ■ MINING ACT. It was agreed:—"That a better lease be provided in mining townships for town sections,.'for business and dwelling purposes, than a mining privilege."—(Ross.) MOTOR REGULATION ACT. The 'following remits were submitted in regard to.motoring:—" That the Government be asked to'.promote a Bill defining the limit of the speed at which motor-cars may be driven."—(Lower Hutt, Oamaru.) "That, powers be obtained from Parliament by borough councils to regulate motor cycle and motor-car traffic."—(Petone, Oamaru.) ■ , Mr. M'Ewan 1 (Petone) oxplained with reference to the last motion, that the only law at present on tho subject was the statute which imposed a " reasonable" limit of speed. It jvas difficult to know what was a reasonable rate. '" ~ Mr; T. F. Martin said that the Act kid down that the rate; of speed should not exceed what was safe in view of tho circumstances of traffic. This was one of the. cases in which the Statute, having legislated on tho matter, took away the power to make by-laws. _ Mr. Davis, MayoT of Ashburton, said that a regulation limiting speed through a certain portion of that town to five miles an hour had had a bad effect in impeding traffic. The remits were adopted. It was further agreed:—"That the definition of 'registering authority' set forth in Section 2 of tho Motor Regulation Act, 1906, bo amended, and that the following definition bo inserted in lieu thereof:—Registering tt'itharity means ifce (tfuiiri'. of any trough,

and in cases whore no borough is situated within a county, shall mean the county council."—(Feilding.) PUBLIC WORKS ACT. ' Remits were considered That the provisions of the Public Works Act, 1905, be so amended as to provide "that owners subdividing land shall only bo required to dedicate when creating a new road or street, or that'exemption;should be 'allowed, and the conditions relating thereto should be imposed at the absolute discretion of the local authority, or that Section 117 of the Public Works Act, 1905, be repealed."—(Wellington.) -, w' ■ ' " Mr. J. P. Luke (Wellington) moved for the ropeal of the section.' . Mr. C. Allison (Christchurch) moved an amendment in this form: —"That the provisions of the Public Works; Act, 1905, do so amended that exemption should be allowed, and the conditions relating thereto should be imposed at the absolute discretion of the local authority." The Hon. J. Barr (Sumner) was opposed to total repeal, which he thought would encourage slums. Mr. J. G. Harkness (Onslow) said that this was the: most 'important question which had yet come before the Conference. It affected-every borough in New Zealand, and it should lie discussed at the fullest length. He .referred!to the hardship of the present system in his own borough, where money had to be paid as compensation for widening a; street-which would be wide enough in any case for years to come. In cities like ..Wellington he was not sure whether it . should not be compulsory to widen narrow streets, and pay .compensation, but ho did not think that the principle should apply to the smaller boroughs. 1 : AFTERNOON SESSION. The Mayor/of Wellington (the Hon. T. W. Hislop) presided at the afternoon session. . The discussion in regard to dedications was continued.- ,- Mr. A. H. Hindmarsh. (Wellington) spoke in support of the motion. He stated that the present, law was so complicated that it was impossible for people to know whero they were. . The Conference should support the ropeal of Section 117 for the sake of getting the_ Act brought up to date in accordance with recent decisions-. In a city like Wellington Section 117 was almost useless as it stood. The law was partial in its incidence, and did not remedy the evils it was • intended. to remedy. At the same time .it was harassing and expensive to local bodies. ; ;• ; •

Mr. Hislop said his own opinion was that if the power of exemption was left entirely with tho local authorities that would meet the whole case.

! The amendment of the Mayor of Christchurch was carried by a large majority. It was agreed "That Section 116 of the Public Works Act, 1905, be amended so as to be , brought into line with Section 237 of | the Municipal Corporations Act, 1900, and that a clause,bo inserted that all streets laid off in a borough must be laid off under Section 237 of the said Act." Remits from Roslyn, Onslow, Maori Hill, and; .Auckland were held to be covered by Mr. Allison's motion. Maori Hill_ moved: "That Section .116 of the Public Works Act, 1905, be amended to provido that in subdivisions of land only streets which are likely to become main arteries be required_ to be laid off 66 feet in - width, the question of such streets becoming, .main ( :arteries to : bo settled by an officer of the' Survey Department; all!other streets toi. be not less than 40' feet in width, and where ( Such .streets are less, than 66 feet in width ; tho building line to be permanently set back 33 feet from the street' centre." ' ■ m i.' .. 1 Mr< O. J. Parr .(Auckland) thought that this would .be a.retrograde' step. Tho mover explained'that his intention was that 66 feet should l he allowed for the stroet, but only 40 feet formed in the first; instance. . ■■ ; : The motion-.was lost. It'ivas moved: "That''the provisions of the Public Works Act, 1905,' relating to tho apportionment of. contributions to be made by local authorities for tho construction and maintenance of roads and bridges alleged to' bo of 'advantage and bonefit to tho inhabitants of more than one district be repealed or; restricted > so as to ?pply only to large works" (Christchurch). Tlio motion was opposed on behalf of several of the smaller municipalities. Invorcargill.was also hostile: - The motion was thrown out .by a large majority. • 'V- , . ' The Corporation Contracts Bill and Auctioneers Bill wore referred'to the Bills Committee to' report. _ . V The .Conference adjourned,at 3.30 p.m. till 10 a.m. to-day. ' ■