GAS FOR TAHUNANUI

Nelson Evening Mail, Volume LVI, 18 July 1925, Page 6

GAS FOR TAHUNANUI

REPORT TO CITY COUNCIL Arising out of a motion by Cr. S. A. Gibbs, tie Town Clerk (submitted the following report to lust night's meeting of ttie Council relative to the procedure necessary to enable the Council to supply gas to Tahunanui Under the .Municipal Corporations Act section 273 the Council may supply any person outside the City with gas upon such terms and conditions and at attch rates as may be agreed on with such person, and for such purpose shall nave the same powers outide the City as it has within the same under the provisions of that Act.

“Section 2cl of the Act stipulates that nothing contained in the Act shall be deemed to authorise the Council to lay any part ot the gasworks or anything connected therewith on or under any private property, without the consent of the owner or occupier. The Municipal Corporations Act does not expressly stipulate that it shall be necessary to first obtain consent of the local authorities through whine districts the mains and service pipes would pass before such mains and pipes are laid.

“Section .3 sub-section 4 of the Local Bodies Lt.ai:,s Act, however, provides that 'tlie local authority of a district nitty permit any other local authority to construct or carry out a public work or undertaking in such first mentioned district on such terms as may be agreed upon between such local authorities. The laying of gas mains would be a “Public Work.” This provision appears to me to be a mandatory. It would be obviously unreasonable and, as I consider, ultra 'ires of the powers of the Council to dig up the roads of another local authority for the purpose of laying gtisi mains without first obtaining the consent of such local authnritv.

“Some years ago the Council obtained permission from the Waimea County Council to lay gas mains under their portion of the Rocks Road and at Tahunanui but as the perni'itt lon was never acted upon and the reads have since passed into the hands first of the Tahunanui down Board and subsequently to the Alain Highways Board the permission has become abrogated. I, therefore. advise that application he made to the Highwavs Board for permission to lay uixlor the portion of the Hocks I toad belonging to them and to the Talutnunu Town Board for permission to iav mains under their streets.

If necessary the Council could, by taking the u-rcsenry steps under the Local Bodies Loans Act 1913, raise a special loan for the purpose of making the extension.' It was decided to defer consideration ponding a report from the Engineer.