WHO IS RESPONSIBLE?

Hauraki Plains Gazette, Volume 51, Issue 3156, 12 August 1942, Page 5

WHO IS RESPONSIBLE?

NOXIOUS WEEDS BY RAILWAY DRAINAGE BOARD DISCUSSION An opinion from its solicitors regarding the responsibility of the Railway Department regarding the clearing of the land part of a road between the railway and a board drain, was received at Thursday’s meeting of the Thames Valley Drainage Board and read as follows: — “The Railway authorities are not bound to clear this of noxious weeds. They are not bound by Section 3 of the Noxious Weeds Act, 1928, providing that the owner of the road frontage is to clear half the width of the road. The reason of this is that the Crown under the Acts Interpretation Act, 1924, Section 5 (k) is not bound by any Act unless herein specially mentioned and there 1 is no such mention in the Noxious weeds Act.

“The County Council controls the roads so see Sections 155 and 197 of the Counties Act, 1920, and Section 20 of the Noxious Weeds Act, 1928.” The clerk, Mr Rowbotham, stated that Section 150 indicated that the county controlled the road, while Section 197 mentioned that the county was entitled to spend money to clear the road. The position was, however, that the road in question was being administered by the Stat® Highways, which, it was thought, would therefore he responsible. It was decided to investigate the •matter further. It was pointed out however, that the Railway authorities were responsible for noxious weeds growing in their yards.