Saleyards Insanitary: Court Judgment

Gisborne Herald, Volume LXXVI, Issue 22916, 7 April 1949, Page 6

Saleyards Insanitary: Court Judgment

(P.A.) WELLINGTON, April 6. An important judgment; affecting the future of the Johnsonville saleyards was delivered by the Court of Appeal in the case of the Attorney-General versus Abraham and Williams, Limited, and Wright Stephenson, Limited, heard on October 5. 1948. The court held by a unanimous decision that the present insanitary condition of the saleyards constituted a public nuisance' and might endanger the health of Johnsonville residents. The court considered that as the stockyards were of great importance to the farming community and general public of Wellington the saleyards should not be closed immediately but an opportunity should be given to the respondent companies to find other yards, or to concrete the present yards and arrange for an adequate water supply so that the yards would comply with the con ditions laid down by the Health Act. The court upheld the appeal and ordered an injunction to be issued restraining the respondent companies from using or permitting the land in auestion at Johnsonville to be used as stock or cattle saleyards in an offensive or insanitary condition so as to occasion a nuisance to the residents of Johnsonville.

The injunction is to be suspended for 12 months with liberty to apply to the Supreme Court for an extension of the period of suspension. Costs in both the Supreme Court and the Court of Appeal were allowed against the respondent companies.