THE TARANAKI HARBOUR BOARD.

Evening Post, Volume LV, Issue 102, 2 May 1898, Page 6

THE TARANAKI HARBOUR BOARD.

9. Messrs, O. Samuel, R. H. Davies, and P. F. Ralfo again waited upon the Minister for Railways this morning with reference to the action of the Minister in registering the title of a certain reserve at New Plymouth, which the Harbour Board of that place has been using for some time past under the assumption that it was the Board's property. In a memorandum on the subject submitted by the deputation, it vims set out that practically the whole of the foundations of tho railnay line at tho port of New Plymouth have been made by the Harbour Board, aud out of loan moneys for which the settlers pay a rate on their lands and improvements. The cost lo the Board of such foundations within the limit of one chain on each, side of the middle line of railway has been about £IGOO. No compensation whatever has been paid to the Board in respect of the taking ot this line of railway. There are erected on the foundations within the limit of one chain on each side of the middle line of railway several buildings and yards, which have cost the Board about. £1000. The free use by the Board of the foundations within the limit of one chain on each side ol the middle lino of railway and of the Board's sheds, races, and other improvements thereon is absolutely essential to enable the Board to maintain, and protect the mole and to perform its other duties as a Harbour Board. Bylaw, unless aud until what is actually required for the use of the railway is defined, the railway line includes one chain on each side of the middle line of railway. After the Board has complied with the requirements of the Minister, and delivered up its certificate of title, and when the Government's title to one chain on each side of the middle line of rails is completed, the Board and its employes must trespass on the railway line in order to obtain access to the mole and to the Board's wharf, and cannot perform the duties of a Harbour Board without constantly being trespassers on the railway line. In order that any person or body may provide for the efficient performance of duties, it is essential that such person or body should hare an assured right to the enjoyment of tho property necessary for that purpose. The Railway Department and the Board have each duties to the public to perform, and neither should render ij diflic.ilt or impossible for the other To puriurm its duties. All that is essential to the Railway Department for railway purposes is a single lino of rails on what was previously the Board's property — the foundations of which have been made by the Board — and it is improper and unjust to the Board that more than that shall be retained by the Government, seeing that to retain more means to deprive the Board of what is necessary for the performance of the duties ior which it exists. We suggest, therefore, tlniii it is necessary for the purpose ol enabling the Board to cairyout its prt-M-iit duties, and to provide for the future requirements of the port, that the railway line should be so defined as to exclude that poilion of what would otherwise be railway lino, the use of which is, and is certain always to be, essential to the Board. Should it po-sibly happen that the Government should take an opposite view of what, notwithstanding the circumstances above alluded to, may reasonably be required for railway purposes, vie suggest that any additional land reserved should be at the eastern side of the niiddl* line of railway, so that the foundations on the western side, on which the Board's sheds and line of rails are (the use of which must be always available to mend breaches in the mole;, may revert to the original owners, the Harbour Board, and that until more than what is now in actual use is required by the Railway Department, the Board shall continue to use the cattle yard and race to the eastward of the line. Air. Samuel supplemented this statement by a detailed explanation of the locality. What the Board asked, he said, was tbat first of all, if possible, the Railway Department should limit its requirements to laud sufficient for one line of railway, and that secondtyjSupposingMinisters did notsee thenway to do this they should take as far as possible what they required from the town side. This would do away with the cattle yards and interfere with the cattle wharf, but would not interfere so much with the maintenance and preservation of the breakwater itself, which was after all of most importance. There was a. strong desire on the part of the Harbour Board that there should be some assurance, so '^hat they should not bo using or occupying property which was essential to the performance of their duties on sufferance. A lengthy discussion between the Minister and the deputation ensued. In the course of his reply Mr. Cadman said 1 here was no intention to interfere with the Board in any way, and he was willing to meet them as far as possible in order to assist them in carrying out their legitimate work. .All that he was now doing was to register the title to the land, otherwise things Avould go on as usual. He did not see why the Board should not have certain legitimate rights over this land, but if they asked him to hand over the freehold of this land he could tell them at once he would not do it. He was prepared to pub the New Plymouth Harbour Board in the same position as other Harbour Boards, and the only thing that seemed necessary was for them to come to .some mutual arrangement. After further discussion, Mr. Samuel asked if he could go back with the assurance that there was no intention now to interfere with the use of the breakwater by the Board any more than hitherto. Mr. Cadman said this was absolutely the case. The deputation thanked Mr. Cadman cordially for the courteous manner in which iie had treated them, and withdrew.