PIAKO’S CLAIM

Hauraki Plains Gazette, Volume 51, Issue 3175, 28 September 1942, Page 5

PIAKO’S CLAIM

WAIORONGOMAI TRAMWAY SOLICITOR’S OPINION THE .OWNERSHIP OF RAILS When the ownership of the Waiorongomai tramway was discussed at the September meeting of the Piako County Council, the following opinion of the county solicitor, Mr 'P. Gilchrist, was read:— “I was favoured with your letter of the 18th., addressed to the firm. Personally I have no real knowledge of how this tramway came to be built. “But in the County Jubilee ’Book, 1937, is this statement: Tn May 188 b the indebtedness of the ’Piako County Council was £11,500 due to the cost of the county tramway to assist the mining industry. The Hon. W. Larnach, Minister of Mines, promised to assist the ' council, represented by Messrs Firth, Williams and. Gould, with a grant of £3OOO, provided that an equal amount, was raised in rates, and that the total amount be devoted to the reduction of the overdraft. These and other steps were taken, until in 1889, scarcely four years after* the granting of the loan, the indebtedness of the council was only £loo.’

Required Much Revenue

“If this is a correct statement It ■shows how very largely the council contributed to the making of the tramway. I know that between 1893 and 1908 (while I was county clerk), the tramway had to be kept working and was a source of great trouble and expense to the cuunty council. Sometimes it was let under lease, and at other times run by paid manager, ■but however dealt with, and there was just enough mining to require it being kept going, repairs and renewals were constantly wanted. To keep the tramway working required all the goldfields revenue and gold duty, all its own revenue, and a good deal of money too from the general account contributed'(unwillingly) by the farming community.

“There were also undoubtedly Government grants and subsidies given from time to time from the yearly goldfields votes, generally for specific objects of repair or renewal such as the bridges on the line. If something can now be got for the rails I am sure it will be less than what is required to reimburse the general account. I think you should get the whole amount. Council Property “The rails are undoubtedly the property of the council. They are part of a public work undertaken by and vested in the council. The title of the tramway was originally a Certificate of (Permission for a Tramway Reserve granted in the Warden’s Court at Te Aroha on June 23, 18'84. This was re-granted or renewed by a Tramway Licence granted on September 18, 1917. We have held this for the council to enclose same herewith. You will note the conditions on page 2, one of which is that the right of the tramway is not to be transferred without the written consent of the Warden first obtained. We think that should apply to the rails, so that you cannot sell these without obtaining the Warden’s consent. That should be in open court and probably should be after application advertised and served on any of the present claim holders at Waiorongomai. We think there is only one, being Hardy’s Mines Ltd., who hold three special quartz claims of 20 acres, 5, acres and 19 acres respectively. They might be heard to object. “The tramway being a public work the consent of the Governor-General is also required to a sale of the rails under Section 140 of the Public Works Act. 1928.”

At the close of a lengthy discussion it was resolved, on the motion of Crs. Kennedy and Rushton, “that in view of the opinion of the county -solicitor, that the council considers that it has a full claim to complete ownership of the rails.”