CLAIM AGAINST CROWN

King Country Chronicle, Volume XXVI, Issue 3439, 5 March 1932, Page 5

CLAIM AGAINST CROWN

KING COUNTRY CASE. COST OF FENCING REMOVED. A claim for £719 against the Crown for damages and for the cost of fencing a road formed through her property at Poro-o-tarao, between Te Kuiti and Taumarunui, was made by Helen Baird Hunt, married woman, before Mr. Justice Smith, in the Supreme Court, Hamilton, on Thursday. The claim was in the form of a petition of right. Counsel for supplaint said Mrs. Hunt owned a farm of 2092 acres at Poro-o-tarao, of which 1800 acres were affected by the action. In 1911 the property was owned by the late E. H. Hardy, and was completely fenced. Sub-divisional fences were also erected. The title was issued subject to any existing right of the Crown to take or lay off roads. In 1915, acting under the Native Lands Act the Governor-General proclaimed certain of the suppliant's property for the purposes of a road. In November, 1930, the Public Works Department started to form a road through the land, but found that the old survey road was unsuitable for modern motor traffic, and it was necessary to deviate in certain places.

Cut Down Fences.

When they formed the road the Public Works Department cut down the northern and southern boundary fences and five subdivisional fences. They failed to fence the road line and still refused to do so. Under the Public Works Act, counsel contended, the department was liable to erect the fences. Suppliant had been obliged to erect them herself, and was claiming damages. Counsel' added that the only defence was that the old road was proclaimed under the Native Lands Act, and therefore none of the provisions of the Public Works Act could apply. He claimed that under the latter Act all authority for the taking of land without compensation was abolished. The Crown solicitor submitted that the case arose out of misconstruction of a section of the Public Works Act. None of suppliant's property had ever been effectually protected from trespass by law, and therefore anything the Department had done made no difference. He pointed out that a decision against the Crown would affect hundreds of other roads throughout the country.

Counsel engaged in legal argument for some time, after which His Honour stated he would give his decision later.