MUNICIPAL CONGRESS

Dominion, Volume 1, Issue 269, 6 August 1908, Page 4

MUNICIPAL CONGRESS

FINAL DAY!S PROCEEDINGS,

• AUCTIONEERS' FEES PROPOSED RATING REFORMS. The final fitting of the Municipal Confernco wqs hold yesterday. Mr. J. Piper (Mayor of Nelson) presided. ... CORPORATIONS CONTRACT. BILL. , Tho Bills Committee submitted a report on the: Corporations Contract Bill now before Parliament:' 1 ' Tho ' report ran that the Committee disapproved of the Bill' on' tile ' - ground that ••it. wou|d remove, the very proper safeguards* vfhich now existed for tho protection of the ratepayers." The Committee : feared that under the Bill municipal corporations miglit'bp.;held'liable ;in . contract ' under letters ..wnttim'rby officers ,of the;'cbun,cil, and by the acts and conduct 1 of the council or their officers. - The Committed did not see any necessity, for,. the.. alteration of tho present law, but if the ■ Government desired to amend the low ,tho Committee was of opinion, that : tho alteration, should be ; on, ' the lines'- law, ■so thp decision "givenj in might be .applusable in tKe:'Dominion.' The report,was adopted.,.. ■. ,

BILL;

'-, The Bills Committ'oo reported on tho Auctioneers Bill .now before Parliament as. follows:—By.'this Bill "itV is proposed ,t? give tho license -"fees' to'-the-'local- issuing the license instead of to . the; local, authority of tho district within which the auctioneer has his principal place of business. Under the''Bill;'au auctioneer' haVing his place of business in one district but residing in another could_ elect to pay tho foe to the. district in\which;-he -resides., :It . seems to tho. Committee .that no lentil qu6g-: /tion is involved, and that the questiofi is (Sno more .ferenco. '" ' r" "' —--•-- ■■■■ Mr. G i; .Sayers (Grey' Lynn) moved, ' 'That an auctioneer's licenso be payable ,in that district-where'"ho "I^6' , 'i(^s'^f^to^?^ht''^lacS , of business." . " i. K',

A confused. discussion followed.;. It -was-pomted-'out".ths.t;Some "auctioheers,:'.did.-;busi--ness iri : several townships; j; i,..:-. An amendment 'was proposed "That the fees of a stock anctioneer':be divided antyifg! tho local authorities where .the, 'auctioneer has his- 'permarient: places of •business.''.'.';'' Other-'aVaendmetits' • somewhat;; irregular X; r " f: - < A delegate ' thes ;niov,od ;tha.t. the:.Conierr.. 'Bnce proceed with the next business, i On this being carried, a dolegate at''-once' rose to, askJf,. this jaeanfcthat.anJmportant,. tq';'',bq;aHndohpd.V He expressed some resentment -on'being answered in tho 'affirmative.

. Mr. T. J. ThomfeohXHastirigs). desperately suggested„:that .the. Conference ad;, journ for : a'ri hour. /'They, may be in a ,bgjr ter humour;tlieft\^'-'he?exmain^/ > ' r: r "*~ : , . The Conference proceeded N to consider the ' Best {emit. £ j' i Mr. C. EjfMacka^wMayor-i'.'Sf'VWanganui, brought up jthe subject again, in-the afternoon in tncf'/'following : raotionr'''"That the- ' Auctioneer- 'Act should bo amended sp that; the license-fees payablaby auctioneers'should, ( be divided equitably among 1 , the; various Jocal 1 [ bodies in whose;.''districts^. tjip fnuctioiiecralftaire ■..permanent.placetfcf "busincSss." ' - • 1 Mr. C. Alison.,..(Mayor, of Cbristchurcli) ; questioned tho mover's' right ;to reopen'the subject. t' : - ' •The Chairman ruled',that''.tliVrti£tter hav ing been brqiight up in slightly- altered form could bo propeeded^thi';:;v

An Auckland''iclJlfijfate 'ojiflosed: tfoifiotion as an insidious and, .11 tt-crly,, unfair • attack njion the lefrger tii'iiiiioSpMities.:! was willing that,a distinction should beni'ade in regard to stpck-r-auctioneers/ ■■ Mr. H. (Mayor, of iAahburtphy.iaid that that received ~£3oola„,year,; in auctioneers' 'fees.' "There; were' several" srileyards outside; the- borojigb, wliichirwere used by Ashburton auctioneers, and' under ..the motion fees frould' go,to'' the'se'other'■'placc'SJJ at some;- of;which 'sales-mightxbo-field-only two or . three times'a year. Another.-,delegate, urged ; A tnth ■the next business;.'Vw£'-<

\ DRAINAGE \ _ Gore ; rise th6>:st!iUngij;of^-; Court. of r X^al^^ji^^|p\!^Fß^js'®sal : ' interpretation :b|-sMtioi)i,li6^C2)'of the Public "Works Act 19D5, asftb 'tlie'meaning of the word 'drain' m that section, and that Mr. T. F. Martin; - counsel,--argue iehalf of-tho-Associations' , '.the nec6as^u<ej^en^,;.9f'tlfe proceedings to' ■'be:borrie^ , by!'t]^tfass6ciatioll.' ,1 ... The motion'was lost. An amendment was ifiovedv "That-the-Government be. askod to. promote leEislation. , clearly defining;,'the meaning 'of. t-no. word 'drain'in; the section;'" ' The amendment and. motion were both lost.' A three minutes' limit for'-speeches was : 1 this stage,.,; -,'.. ■' ; MUNICIPAUSATION. ' It warf; agreed: ''That tho council shall have power totako under tho Public 'World' Act, waterworks, gasworks, . 1 electric light . works, used or. suitable .for. supply-of. water;, gas, or-electric light,,, or-, electricpower.,- for,, the inhabitants of '.the -borough any legislatioh'-passe"d*^Bhbuld' ; . prescribe. the: ''. principles, grPiin'd's.*" and' •measures of'assess- 1 ' ing compensation.'!—(Wellington.)'/' . r- '' '. T RATING. . • • A motjon was passed: ' 'That authority be . '. given to the District Land.lleiristrar..to,3nake judgments for rates'-a' first' on "land, and that.'a simple' method of registering, the- - , charge againstitho .land 'be''devised'::-pr6v.ided; ; that, ofVdne'-.tooiith.*after.; judgment'being bbtainod,' tho District Laiid Registrar, upon- application - from the Town, Clerk, shall register caveat against the. pro-, perty m. respect .'to■ Iwliibh.-;- judgnifcntV foi rates has been obtained."—(Cbristchurthi): It was, agreed: "That Soctibn "5 of'the Rating Act Amendment Act, "1895, "be amended so that in boroughs which''are rated under the Unimproved Va'luo Act,:.' 1900,. -tlio reV fund ofirates 'on. liuoccuDied {dwelliiig's shall! only apply to water arid' sanitary rates';"^- 1 (Palmerstoi North.) .... A remit' from -Port' Chalmers,'-' to mako convent schools rateable, was"withdrawn. - • It was agreed:..."ThaiiSectiofi; GOi'.df "tlio v Rating Act, '1894,., be amended r.tcf.' read -.that the 10 per cent.-penalty- ■on .rates shall'-'be deemed- to be part of tho rates after Bix - months .from ;thoir::du6'. date,:.and may. be. recovered as a 'separate rate."'— (Gore:) ' _ A remit .was also adopted:'- ''That- the Rating Act, 1894, bo amended by making all' the lands and. buildings mentionedin SecV tion 2 of'.the said Act liable' to 'rating'wheh such lands and buildings 'areViet, leased,, or used for.rdvenue producing .purposes or "in competitidn with the'pther property-already liable to l'ating.'—(Auckland.) , ......

Goro moved; "Tint .'tho interpretation! clauso of. the Rating on Unimproved Values I Act, 1896,i-be:amended by-addingj.a .definition of so werago; rate,' gas"rate, and 'electric. light rate." / The motion was lost. '' A motion frpm. Maori 'Hill, to 'rate; waterworks on their unimproved value, was also negatived. SLAUCHERINC AND INSPECTION. A long discussion took' ; pracp'-.',6n the fop lowing I .■ tl. "That tho-.Slnjlghtering'; and>; InspectionAct, 1900, bo amended so . as . fo : placo.'tho' slaughtering of Bwino on tho same footing as that of other stock."—(Ashburton, Invcrcargill, Hastings.) v."; : ' "That no meat, pork, or bacon, except killed at tho borough abattoir, shall?bc'. pffcred for sale, or allowed within the "borough abattoir district, or within three miles thereof." —(Tiraaru.) I■ "That the Slaughtering . . and Inspection Act, 1900, bo amended so as to prevent .exposing for said.'of, 1 , any, pigs which iayb not been inspected by tho 'Governinont liiapcctor."—Cralmerston North.) ,

'•" "That shall bo . per-, mitted of "licensed within threo miles from any port, of tho boundaries of an abattoir district."'»-(Timaru;) • • " "That'a Bill bo passed to admit of local authorities setting apart a clearing-lionise or some such l similar provision for meat inspection- (Under, tho abovo Act there is no such power vested in tho local authority, and, as a; consequence, experience has shown that car-! cassfes' arq •on the ■ market which are in-' footed andvuiifit for human consumption.)"—' (Dunedih, pamarli.) ' ' . . Finally,, tlio first motion was passed, the' second, third;/and'fifth wero withdrawn, and; the fourth''was negatived by 21 • votes to. 16. \ : - - y ASSESSMENT COURT. Dannoviiiice" moved:—"That Section 15, Sub-section lof ,tho "Government Valuation of 1 -' Lan- Act Amendment Act, 1900. bo amendod'to read,.'..' Each Assessment Court shall co'nsist of three "'members, of whom one shall. .Bb .any".'stipendiary' magistrate.' That Section' 2 of the Act of 1906 bo amended in' the-last lino-thereof.byJncluding tho words lor officer' after tho word member."

Tho motion'was adopted. , It was also.,.agrppd:.—",That-tho regulations nndot';vthe-"Gqyornment Valuation of Land lot' that" 'the public notification' an^.Jadv&tisemeht, of aii intended sitting li of "court: should bo given by the Section' 15, ■.. ■ j

'"fOLLS. -• - - J.' ayorof Feilding) rmo,ve4v " tho -.Local : Bd"mes 'Act, procedtiro ;to bo observed-ii&wuHj^>&poll••'of •• ratepayers, aiid(iti!!l)iii;,tljerodf..:tho ■ provisions of -the: Local 19Q4, applj'fto all polls-, and under any looal governing, ''Afit';" : Mr. iTrewin s'uggi3.s|4^)jftt ! 'th6' Govornment sli3uld me asked tho municipal -laivi'*'6f 5 New Zealand in "onerAiodb. ; . f ,Tlie,Amotion was adopted. '• .-'-"•'i . •• i-. ' '- ' , SP EC I ALiiO.R D E RS, - ■ ..

On Feilding'.a..-.motion;, agreed IThat Section''73;''SuK- > section 3"of tho' Muni-' eipal Gorp.offttioilsl'A'otj. tlio'secohd schedule--Tsf ;/ the Lbeal-=B6aies Amendment Act, 1903, dealing with the making of special orders, bo. amended in so far as admortising is concerned, as follows: —'It shall be deemed a sufficient compliance with the above-named Acts if tho purport of any special order bo piibiicly notified once only, and that "a, copy of such special order be deposited 'in*'tiie; council's offico for public inspection ;during tho period of four weoks as at present provided for." 1 ' ' \'":V

j POSTAL SERVICE,

Department forwarded for con,sideration;.a proposal ,no person should •Jo entitled;'to.:clßirn delivery .ftt his plfice of .tosidonce°of any; letter or?any'postal package Unless he'first pro'vidoifrit letter-box -or other • suitable recpptaclo iii 'a7^^itable position. The Conference decidod' that this was a •matter' solely affecting tlio Postal Department and. its-clients, .and the remit was ; struck Jout." ■i'A resqhition was adopted:—"That provision for "service of claims by registered letter bo abolished." r-r :- ; VAGRANT CATTLE. J A motion to empower local authorities in •boroughs...to-impound.cattle and other'stock ifound on unfenccd. sections, was carried on a Lllivisioii. ' 1 y; It w'as.*7stated .-that' Jnvorcargill,had itn-' eoattioi .found- ! on- unfonced sections ffor 20 fyears j»ast. ; • - • ■ $ That. .Section 248 ;of the '[Municipal Corporations .Act, 1900, be • amendedvrto.'"road i after the' word 1 thereon ' . i)> V i''but;that.'.thq owner should be '.tirwm'dy6. the 'support, after two •years fi f ofn ) ''th6 *dotvn v to' permanent •level, provided 'always' that such ' building ior fence''was 4rccted i 'aP£c^ J pormancnt' levels Jhad bejen fixed.' "■ . j:: '. £ The motion was .adopted.' - H : PUBLIC WORKS ACT. fi: A serFes-'df'resolutions' for amendment of' ■the Public 1 ' Works'' Act, 19.05, forwarded for 'Consideration,, .by,..the.. MOrnington Borough .'Cotincij,; was referred ,to 'tho Bills: Committee •to .•' • >;v j ;■< NOT RETROSPECTIVE. It was ..agreed,,, thai.,.the resolution that JU:"d\vql]ifli; to the provisions- Municipal "Corporations Afet, relating'-.taiopeii: space,,- should- be liable to alteration!. ,or. dc.inolition.;as insanitary ' build-' toy should' : nbti be . retrospective.-. ■fe' MUNICIPAL MARKETS. " was. agreed"That' -where municipal - .'mafkets'";;aro- 'established, iiF boroughs of . not • loss tliiii\;3o,ooo..'";,4iihab'itauts, all auction sales.of'.'fish',andymiit/shrill be' held in such markets'''••'.(Cllfißtcliiirck) ' ■ 9 .»ACsecond" C'hristchurcli • motion:—" That ' whore municipal are established all : fresh" pass ..through such markets . 'for'jnspection • before being exposed for sale," 'was''rejected; • ■,\ : ' , • OFFICERS. >" The- balance-sheet ' for the year was' adopted. - i ' v '■ 'Officers'were"'re-elected-as follow:—Vice-' ■ presidents: The Mayors'of Auckland, Christchurchj Dunedin, Executivo Coiuimittec: the Mayors' of - Pct-dne, Lower j Hutt, Palmerston Noitli, Kafori, Onslow, Ma'sterton, and Councillor ; :'A. .'H.' Hindmarsh r '(Wellington). Auditor;'-?:-; Councillor Biss , (Wollington). s " i : | ' A', bonus of 25 .voted, to Mr., J. T. IV Martin, legal ti&gjl&vqg -'•tho'Confer- | .-once. Bonuses were ' also.? granted'.-Vto the '. .clerk and messenger. .' . Thanks wero accorded to..the, Chairman anoi of rtho /Bills'Cpmmitteo, 'the Wellington - 'City Council,' {..'for V:.use.* of. the s chamber,, the auditor (Captain T'.' W. M'Doni ald)j the- ; Chaiman '(Mr, >Piper), iond' the i Press.! ..., i. :-. •' - - --■

, l . DBPUfATrON TO PREMIER. ' CONTEMPLATION!"' " A? large''deputation' from jthe ; Conference' wa'itdd:' on Jtlromicr Joseph Ward) and!,.MimSter (the Hon. : P'^^ih4lay) : tyesterday afternoon. f ' '"•'s& 'IJJSLOP'S-BIE^AR^S.' .{The President of the Conference (the Hon. T. TV.' Hisjpp)J,''Bai.d'^that. municipal bodies were hampered, very much in- the performance of . variousrm-attere".that- would bo to the advantage of. the»,country by , tho want of "certain powers that might be provided by' legislation. Among the subjects discussed by the was that, of superannuation. The Municipal Association had devised a scheme which they'desired to hand over to the w-ith tables whioh ithey ha'd'prepai'ed, l if the Government ' intended to J bring down a Bill .embracing a,comprehensive scheme. They very v strongly, urged |on thp Government.; the desirableness ;of ,having siich. brpught' down. With regard-! to SectibiV-'llfr-of the Public Works Act,..,tjhe Conference thought that the administration tof its provisions should be left ;t'd,,tl)6i local bodies. .Wellington-bad had to spend ;a large sum of/money- on widening streets] on the sides ..of-, hills and' elsewhere where! tho increased -width would never be wanted. _ It was considered that tho provision Ijwhich-* prevented.,people building within a cprtain' distance-from tho centre - of a street {would -be : ample protection for the future. , V • , " . !, Tho jPromieiViStated: that a Bill ini, which ,'this question: would be dealt with had- been i.referrq'd to a committee::,of tho House. "t Mr. i Hislpp . also- referred 'to ~ remits ' in connection with infectious diseases and amondtnents--whioh the Conference wished to haVo, made, in tho, T .Municipal Corporations Act, Ratingr Act, and' other measures. Thess proposals' •Hid.-..bpcil'.',prepared on - the ' lines of recdmmfiiidiitibhs passed'by previous Conferences, and after ver.v-careful consideration they had beeii' aaoptpaV.B.v-,tho present Conforenca. He,,.askad', .that tho '.Government should? considcr,:-tlie!sc-/matters in a proper ■mannei-. Nono n of-^ho"proposed amendments to legislation :,had' ;!beeii-promoted carelessly or without due sense of responsibility/ and

they should bo taken ns embodying tlip oxperienco of raon ongaged' in, municipal work.' MR. T. F. MARTIN. Mr. _T. Fi Martin,, lognl advisor to the Municipal Association, said, with regard to superannuation,' that tho Coiiforcnce wished to know if the Govornmont would be pro■parod to introduco a Bill to cover the employees of all local bodies in the Dominion. Tho Conferonco had a Bill prepared, and ail, actuarial roport, and they did hot know ■whether to go oii-'with their measure, independently or hand over to tho Government what tlioy had done. Thoir work had boon dono on a strictly actuarial basis. They had obtained from tho various Town Clerks tho_ numbor of their Councils' employees, their ages, and. all otlipr details, and had submitted this information to a 'competent actuary, who had worked out a financial schomo. The Conference would prefer, however, that municipal employees should be included in a general Government Bill, covering harbour boards and othor local bodies.

Tlia question was asked if thoro .wore .to bo no contributions to the fund from local bodies. ■ ' ' ■■"'••

Mr. Martin said tho Association had folt ■that it was not in a position to make a levy on tho local authorities. Ho admitted that this was dono in the. London and Manchester schemes. The otlior Bills which the Conference wero submitting did not include any of the romits passed by the present Conference, but wore composed of remits passed b.V tho Conference of IOOGj and a few- passed by that of 1904. Tbey earnestly asked, tho Government to endeavour to " giv'o legislative eifect to theso. Bills. Tho great majority of the clauses related merely to matters of administration, in regard to which local bodies were hindered and embarrassed. Ho miglit say that they wero somewhat dishcartoned at coming hero Conference after Conference, passing the same remits, and submitting them to the Government, and . receiving no further satisfaction., Ho thought they should be-able to ospect that clauses dealing w;ith mere matters of daily routine and administration should bo given effect to by. the Government; as -far as the _ Government could control Parliament. To facilitate tho passing of their proposals iiyto law they had endeavoured to draft them into the form of Bills, and if they wore submitted .to.,J tho Statutes Revision.'Committed 'ot-'a! special, committee, tho .-House' would-. prdbably ~ac| c'opt the Bills -pn tlw!ir'. f recpmriiend'ation; The matter of consolidating lo'afls.'was'.Very important. At present. a' .local' fbpdy\ bduld not pass a special order,';consolidating-loans if tho rate of the interest was' a little .higher than it had been' ; b6fore.\lt was* ri'ot" even clear whether a poll of ratepayers could bp taken on these matters. A clause which he admitted to. bo debateable was ' the . one which proposed 'to ' givo '.Corporations': tlio power of compulsorily -acquiring- gasworks. He thought that they , had drafted " this clayso so that exception to it would not-bo taken, They _ wanted tho power of compulsory- acquisition on tho basis of a. fair payment fixed with duo regard to tho' .company's profits and all other-circumstances'. Tho Legal Committee of tho Conferonco .had considered tho Corporation. Contracts Bill, which .took . away tho statutory protection now' given to a borough, which prevented' it from being 'sued on a contract Unless' tho seal of the Council was affixed. The Committee thought'that if tho Bill was passed, hastily written letters of tho Mayor or Town Clerk, or other documents, might bo hold to form contracts binding, on a Council. . Tliny- knew that-there, had been cases of hardship arising out of tho present system, but tlioy belioved that theso wore few. comparedwith the number, of cases in which Corporations might be wrongly ..ttiado, responsible if the ..Bill wore passed. They .also.'thought that-by this time people know pretty , well that they- must get tho seal of a corporation to a contract. s- /■ <£ . i

THE PREMIER'S REPLY. . Tlih Promier stated that representations from such a body as".the Conference wore always .regarded-by. the-Government as vo'rv valuable. Ho'was . not quite in accord .with the suggestion'that there had been any unnecessary ddlays in putting into operation by statuto former romits. It was not. very Johg . since tho Government had made; very im». .portant amendments to tho Municipal Cori po'rations Act. "Tho Government brought;for- • ward what they,believed thoyV could get through at tho'.tinto. They would be glad ,tp„ gyro tho greatest; ; cpnsideratio|i to tho suggested Bills submitted, though, in view of the many other suggestions for legislation 'which had been received; Parliament would require a;six months' session to get through tho work which it had not yet taken in hand, at all:. Tht' Government .did expect to. pass-Amend-ments of tho ■ Superannuation" Act this . session. This matter-had- had-a very great deal of'consideration, aii'djliero.was a Bill in hand 1.-to' institute a system ..of - superannuation' for' all local bodies throughout* tho country.. The idea of the Government was to have a general system which all. tho local bodies would be able to come undtir. Tho question how much could be exacted fromiocal bodies by way of contributions was the question around which tho whole difficulty ccntred. If they were to liavo a mandatory scheme, on a satisfactory financial basis, some of the smaller bodies might bo.placed in a'very awkward position. If tne scheme was 1191 mandatory, some bodies would stand out,, and their employees, would not receivo tiro benefits which they -desired jshould be afforded to all.; .. Though ho ,had originally been in. favour- of- all' tho local bodies paying into me fund, it. appeared to, him that if thoy wanted, 'to liavo a successful system, it '' was very questionable whethor thov should not make it applicable to oach' local body , within a group, making their responsibility and contributions independent.. In that caso tho schenio should bo compulsory, or it would not bo much good.. The wholo mattor would bo gono into, and the Government would; submit a Bill to Parliament this session to mako provision for local bodies' employees throughout the country. ' They would, bo glad to give -the fullest consideration to any information submitted by tho Conforonco.' . With regard to Section 117 of tho Public] Works Act, tliorc was .a . Bill beforo the Houso dealing with this matter, and 110 ; thought that , tho Bills Committeo of the Conferonce should examine it, • and if they , had any suggestions to mako about this : troublesome question they should make them to tho Parliamentary Committee. Concerning infectious diseases, very full powers ■ -were given now under ttyo' Public Health ■Act, and if 'these wore not > sufficient tho , Government would be quite'prepared to consider further suggestions.', With regard to loans of local bodies, they had. the Onehunga caso beforo them.. The Gpvornmont had fin important amendment 1 to tho Act ; coming on this session,'and he'would recommend the inclusion'of a provision which would givo effect to the desire of; tho ■ Conferonce. .If they expected to;.get a .'Bill through the - House this sossio'n. for compulsory acquisition of gasworks, lie ■' could only say that membors,of tho ;.Housq:..would use a great deal of gns first. Ho was in favour of the municipalisation of gasworks so long .as the companios -received the full amount to which they were entitled, hut ho was very, doubtful'as to' tho possibility of legislation of this sort being dealt with this session. Ho thought'it highly irnprobablo that tho proposal could bo put through .in a separate measure. As to the Corpora- : tion Contracts Bill, he thought that-it should bo mado mandatory that a corporation should ■ not be responsible for anything sent out by an official unless-in pursuance of a resolution 1 of the council.

DR. FINDLAY. Tho Hon. Dr. Findlay, speaking on this last matter, said that the Judges of tho Court of Appeal had stated more than once in dismissing actions against public bodies that the defence of the absence of tho corporation's seal was not one that should be raised. There had been several cases where the local body had escapcd on tho solo oxcuso that its seal had not been affixed to a contract. , Tho work had been done by the contractor, a resolution' had been passed in favour of tho 1 work, and, the municipality had* obtained tho full benefit, but all had been invalidated by this technical omission. : He thought that a-prorisiDii sholild bc mado 'that when a resolution was'passod by the local body authorising a contract,, that should bo deemed sufficient authorisation. At present it was not sufficient. , It was suggested that. tho. Bill should bo amended in the way he had indicated. ~ ,

Mr. Martin said ho thought that ouch ai amendment would be satisfactory. ■ >