MOTORING ON SKIPPERS ROAD.

Lake Wakatip Mail, Issue 3719, 16 November 1926, Page 5

MOTORING ON SKIPPERS ROAD.

COURT CONSIDERS BY-LAW UNREASONABLE.

INEG KM ATI ON DI SMISISE D

Mr Geo. Cruickshank, Esq., SAjp lias given the folio wing written judgment in the motor by-law ease Lake County Council (Mr Harlow) v. Ivan Paterson (Mr iiobt. Giikison, jun). a charge of motoring on the Skippers road/ on May 11, 1926, contrary to the provisions of the County By-Law No. 13:— “Tin's is an infonmiat.on for a breach of the Lake County by-law which prohibits motor traffic upon the Skippers road, A similar information was was heard by me some time ago, when the by-law was upheld as reasonable upon the 1 grounds set out in the judgment. I am still of the opinion that the Counity in making the by-law are the; best jungles of what is required in that particular locality, and if .nothing further had been domes the by-,law would be valid. The by-law forbids motor traffic at all hours on this road-, and under the Motor Regulation Act the County has special power to do this-, and I do not think the Court should question their judgment in this matter. (See the case of Mcßride v. Powell, where! the by-law was upheld by the Supreme Court). Skippers road is a blind road leading to the old mining township of

■Skippers, now almost non-existent. It was nseid by the innholders and the few set tiers in the locality. It is a mountainous road out along the hillside., and provides thrills for the l many tourists who were driven over it in the horse-drawn coaches, as one of the scenic attractions of Queenstown. During the last two years there has been a revival of mining in the Upper S'hotover River which has led to an, increase, of traffic on this road. New methods' of mining are being 1 introduced, and those interested in the movement are! men who find the old horse-drawn vehicle too stow for them. They wish to motor up and down the road. The County Council found it when making the by-law, to be the. 'wish of the settlers that motors be kept off the road as being likely to frighten horses and cause accidents on this, narrow winding road. Since then representations have been made to the. Council by the mining men, that motors be allowed to travel. The. Council temporised and compromised. They passed two resolutions as follows: On the 15th May, 1918, it . was resolved that the Skippers road be. opened for motor traffic between, the hours of 7 pan. and 8 a.m, On the 22nd September, 1926, it was resolved that motor traffic be allowed on, the Skippers road from 4.80 p,m. to 9 a.m, When the County Council passed the by-law in 1912 it was satisfied that the use ol motors upon the Skippers road, would be, attended with risk of danger to the public. So- long as the Council is so satisfied the by-law is good. But the recent resolutions show that the Council is not so satisfied. In the case of Blythe v, Wheeler XXV 560, the Takapuna Borough Council had made a by-law restricting motor traffic to the pace of 20. miles per hour. Later by resolution it instructed its. Inspector not to prosecute unless the offender was 'travelling at 30 miles per. hour. Sir Robert Stout, 0.J., on appeal, held that this 'direction to the Inspector showed that 20 miles per hour was unreasonable Oil the authority of that case it appears that the Lake County Council’s recent resolutions are admissions, loin the part of the, Council that a restriction during the whole 24 hours is unreasonable.

If the Council made a new by law, or amended the present one, that- motor traffic was restricted between 9 u.m. and' 430 pun, I think it would be valid. But the. present by-law as stands prohibits traffic all through the 24 hours, which the Council itself thinks is. too drastic. On these 'grounds I hold the by-law' to be unreasonable' and the information is diSanissed, with costs £2 25,.