WHAU WATERWORKS EXTENSION.

Northern Advocate, 25 July 1923, Page 2

WHAU WATERWORKS EXTENSION.

INCOMPLETE TITLE DISCUSSED.

BOROUGH COUNCIL ATTITUDE,

As reported ih connection with the last meeting of the Whangarei County Council, difficulty has arisen in association with the land title to the site of the existing water Teservoir and proposed extension in the Whau "Valley Road.

The .Whangarei Borough Council was advised by the County Clerk at Monday night's meeting that with regard to the present reservoir and the proposed extension on the old road-line adjoining the Wakelin Estate, in Whau Valley, there appeared to be some dtfjiculty, although not unsurmountable, in the matter of the closing of the Toad and vesting the same, in the absence of the adjoining owners consent. Legislation of the taking and closing under the provisions of the Land Act would be a simple matter if the adjoiniug owner, Mr W. Wakelin, could be induced to give his consent thereto. In the meantime, however, and in order not to hold matters up, the County Council had decided to grant the Council perr&ission to proceed with, and use such portion of the old read-line in question as may be required for borough reservoir extension purposes only (85ft by 72ft), but it was to bo clearly understood by all parties concerned that by the granting of such permission the County Council -.accepted no. legal or other responsibilities, whatsoever in the matter on account of the present complexity of the position. There was little prospect of the balance of the old road, when legally closed, being disposed of or vested in the Council, as desired, as such an action would deprive the adjoining owner from frontage which he might be entitled to claim. Any survey and> pla.is necessary were to be undertaken by the Borough at . its own cost.

In this connection Cr. A. T. Brainsby read an expression of opinion by Cr. S. Clayton-Thome, who was not at the meeting, in which he argued that the title to the Teservoir site should unquestionably be legally vested in 'he Council as soon as possible. The question of spending money on property which was not vested in. the Council or in which the Council had no legal interest was a very serious one. He suggested that the land required be taken under any statute which gave the Council power to take it and that, if Mr Wakelin's • frontage was cut off, some means of giving him a quod pro quo be immediately gone into. It was not clear what right the County Council had to grant the permission mentioned in its letter, but it would be noticed that it carefully mentioned that it accepted no legal or other responsibilities on account of the present position. This was a broad hint that, if the Borough Council accepted what the County Council offered, tho latter would not guarantee any definite tenure, as it apparently had no legal right to make the offer.

In ensuing discussion Cr. L. J. Brake spoke strongly against accepting contracts to extend the reserv iir on land that might not belong fo the Council. The Deputy Mayor, Mr W. U. Timowell, chairman of the meetiug, traversed the history of the investigations into the titles. Personally, we-T it his own business, he would not heutate to go straight ahead.

Cr. J. E. Holmes declared that the matter of the title to the property was not new, as Mr Holman had wanted it when the Council had not done so. After it had been offered to Mr Holman, Mr Wakelin had opposed him getting it. and the Council had then dropped the whole subject.

Mr Wakelin, said the Deputy Mayor, was quite prepared, to carry on the transaction for £50 compensation. The Deputy Mayor questioned whether in the meantime the Council should open the tenders for the extension which had been recieved prior to the meeting. Cr. E. G. W. Tibbits considered that there should be a definite arrangement with Mr Wakelin before the tenders were opened. Cr. Brninsby suggested .that there should be a provisional arrangement and that the Legal Committee be given power to act so that the tenders could bo opened. Cr. A. D. Jack reminded the Councillors that already there had been trouble with delay of tenders, as when that occurred the tenderers told one another what price they had put in. He held that tho Council should take care in going r.bout the matter of the tender?

with a view to getting at the base of the legal position involved.

Cr. J. E. Holmes moved that the tenders be opened and that the whole matter go through. It might mean blocking Mr Wakelin's frontage ani paj/ing £50 for it, although the reservoirs would not be on his land.

The amendment that the tenders bo opened was carried, Crs, Tibbits, Bra Im, Moore and Brainsby voting against the decision.