ROCKS ROAD MENACE

Nelson Evening Mail, Volume LXI, 8 June 1927, Page 5

ROCKS ROAD MENACE

COUNCIL'S RESPONSIBILITY TO THE PUBLIC

LIABILITY READILY ADMITTED

"ROAD MUST BE MADE SAFE"

The Mayor (Mr W. J. Moffatt) was asked by "The Mail" to make a full statement on the position in connection with the Rocks road menace. To this Mr Moffatt readily acceded. He said lie welcomed the opportunity of putting all the cards on the table. As a matter of fact the reports, opinions and documents relating to the matter were public property and should be available to the public. Apart from that there was the Council's responsibility, and his own responsibility, to the people. He wanted the people to consider for a moment what would be his and the councillors' feelings if, for instance, a. alio came down on a lorry load of children. But they were not thinking over much of their own feelings. They were thinking of the responsibility resting on their shoulders to make this road safe for the, public. Their expert's advice was that the road was a grave menace to life, and I; this advice had been confirmed by the f Resident Engineer of the PublicWorks Department. "I do not care whether the Council is legally liable cr not. Personally, I think it is, but_we are certainly morally liable and that is good enough for me." It is our duty' to pri:ect the lives of citizens. The original plans provided for a batter of 3 in 1. This was not completed and the diffs left largely as they were owing, I understand, to lack of funds!

COUNCIL'S LIABILITY

' Continuing, Mr Moffatt said Mr Martin's opinion was handed to the press by the last Council. The most important part of his opinion, it would be remembered, was where he pointed out that if on the evidence of engineers which could stand cross-examination the, road was properly and safely constructed in 1894 as regards safety of the cliffs and that it was not, from an engineering point of vjew dangerous or negligent to leave the cliffs cut perpendicularly, the Council would not be liable for accidents arising from slips. But if such evidence could not be given and supported, then Mr Martin was of : the opinion tliat the Council would probably be held liable by a jury. "It is not my intention to deal at length with the legal aspect," said Mr. Moffatt. "The Council is not so much concerned with its financial liability in the event of accidents arising from the cliffs as it is in preventing the threatened accidents from happening. Removal of the menace is a better task than fighting say, a widow and family claiming damages from the city for the loss of their breadwinner. : "

MUST BE SAFE FOR THE PUBLIC

"If we grasp the essential, facts of the position aright we must make the road safe for the public. I consider I would be guilty of grave negligence if I did not use my utmost efforts to remove the menace. .If there are any who think I am exaggerating the position, I ask what they know about it.. In its stand the Council is fortified by the opinions of its expert advisers, who have pointed out the menace in the clearest terms. It is only by -good luck that distressing fatalities have not occurred on the road, and no community in its senses, can rely on 'good luck' in a matter of life and death.

"How speedily would we all have put the work in hand had the two lads who escaped by inches in January last been i killed. The road to-day is even more dangerous than it was then, and if we dally on someone will suffer loss of life. Common sense dictates that we must act without delay. If a fatality occurs the city will have to face the expenditure. If the work is donebefore a fatality occurs will we not have something .to be most devoutly thankful for?

CAN WE AFFORD TO WAIT?

"This is a matter entirely different from j ordinary loan proposals. It is a matter of urgency, and even if it were turned down by the people, the Council would not be freed of its responsibilities and would have to approach the Government for power to proceed with the work. Further, the poll would cost over J3IOQ, and in all the circumstances it would be almost certainly a superfluous poll as the work would eventually be authorised which ever way the voting went. I trust all ratepayers will view this matter fairly and impartially. It is not a question of ignoring the people's wishes or right to decide the matter. In the actual circumstances it is a question of saving valuable time and money, for the work will be undertaken which ever way the people vote." Mr Moffatt then referred to Section 7 of the Local Bodies Finance Act, 192122, which is as follows :

7 (1) Where by reason of flood, earthquake, fire or OTHER ACCIDENT it becomes necessary for a local authority to provide money to an ex« ceptional amount beyond the expendb ture estimated by it for the year then current, it shall be lawful for such local authority, with the consent of the Minister of Internal Affairs, to borrow moneys from its bankers or any other person or persons to pro= vide for such emergency. As a matter of fact, the Town Clerk had sought an opinion from Mr Martin on the powers contained in this provision. The case ns submitted by Mr Edmonds was this: "The work being an urgent one rendered necessary by the action of the elements, would it bo a work of emergency coming within tlio scope of s. 7 Local Bodies' Finance Act, 1921-22, for which a loan could be raised without a poll?" Mr Martin's reply on this statement was: "No. Section 7 applies only in rases of 'flood, earthquake, fire, or other accident." hi the present case the danger has, T understand, arisen from the action of the elements over ft considerable number of years."

THE REAL POINT OF ISSUE "It is not a question of differing from that opinion which, of course, is based on the case as submitted," said Mr Moffatt. "The point is that a big slip on, the Rocks road would surely come within the meaning of 'other accident,' and as this, as stated by the engineers, is likely to occur at any moment, is it

IMPORTANT STATEMENT BY THE MAYOR

If a big fall of rock crashes on the Rocks Road the City Council will be empowered (Local Bodies' Finance Act 1921-22) to borrow money, beyond the expenditure estimated by it for the year, to fully cope with the position. The opinion of the engineers is that a serious slip may occur at any moment.

The City Council intends seeking permission from the Government to carry out the work by loan before the slip occurs and perhaps life lost. It is the Mayor's proposal and he stresses the fact that it is only common sense to do the work as expeditiously as possible in order that the menace may be removed—the work will have to be undertaken sooner or later—before possibly distressing fatalities occur. • .

THE COST

not wise to do the work before the slip occurs, seeing that life .is endanger-, ed? It is my ■ intention' to push .this.matter for all. lam worth. In it I have the backing of all the citizens I have had the opportunity of conversing with. Tlie public meeting next week is for the purpose of placing the matter before all who care to attend. T feel sure the citizens would view a poll reasonably and vote solidly for it once they realised the. danger. Hundreds of citizens use.the road and children, especially'in the summer months, predominate. We cannot allow them to run the danger of meeting a terrible death. Seeing the power the'Health Depart has in health matters in any city, it is my opinion it is only reasonable to suppose that the Government, being quainted with the position, would call upon the Council to remove the danger in exactly the same way as it exercises its powers in health matters. In both instances the lives of citizens are endangered."

"I would like to say something about the cost also. The estimate of £SOOO includes carting the spoil away and getting nothing for it. But we anticipate receiving quite a considerable amount in return. For instance the Council intends filling in King's Acre out of loan. The cost of spoil from the bill opposite would be 3/6 a yard, according to the City Engineer's estimate. We consider it reasonable to pay this price for spoil from the Rocks Road. This alone will reduce the cost by about £IOOO. Then again the Harbour Board will probably require some for part of its reclamation work. And I am certain private individuals will take quite large quantities. I believe it is excellent for gardening purposes. Anyway this will be thorougnly tested out. Tnere are other works, both in the City and Tahunanui where the spoil will be in demand, and I believe it would be a grave waste to tip it over the wall. A united demand for the spoil Will further materially reduce the cost.

SHOULD WAIMEA COUNTY BE CITED?

Some might think Waimea, County should contribute, said the Mayor. B was true the County was interested and was one of the contributory bodies to the initial work, but to-day if the city cited the County, the County would cite the city in other directions arid it was as broad as it was long, and probably broader. Recently the City refused to contribute to the cost of the Rai road and it could hardly turn round and ask the County to share, the cost of the Rocks Road, although admittedly the County was more interested in the Rocks Road than the City was in the Rai road. But apart from these instances it was better as the law now stood, for each body to look after its own works, except in very exceptional cases. Tahunanui has accepted its proportion of the- cost, £2OOO, and has resolved to carry out the work.