ANOMALY IN THE LAW

Hawke's Bay Tribune, Volume XXVI, Issue 112, 24 April 1936, Page 4

ANOMALY IN THE LAW

Building Without Permit at Waipukurau An anomaly in the law relating to building was pointed out when H. W. Abbott, builder, of Hastings, was charged in the Waipukurau Magistrate’s Court this morning with commencing alterations and additions to the Waipukurau Public Hospital without a permit. The Magistrate, Mr J. Miller, S.M., ordered the payment of costs and did not inflict a fine.

Counsel for the defendant, Mr C. G. Harker, in pleading guilty, explained that the architect had been of the opinion that as the plans had been approved by the Public Works Department, the matter fell into the class of a Government contract, under which no building permit was required from a local authority. He admitted that although the Public Works Department had practically the same control over the plan as it had in the case ot the Government buildings, the exemption did not extend to hospital boards. Counsel agreed that an amendment would be necessary to cure the anomaly. He suggested that as the fee had now been paid and the permit obtained it would be sufficient penalty ft defendant were ordered to pay. costs, Tho Magistrate agreed and accordingly ordered the payment ol costs amounting to £1 11/-.