THE PONSONBY NUISANCES.

New Zealand Herald, Volume XXV, Issue 9116, 26 July 1888, Page 5

THE PONSONBY NUISANCES.

HEAVIEST PENALTY INFLICTED. At the Police Court yesterday, before Dr. | Giles, R.M., four charges of committing nuisance at Cox's Creek were brought' against Messrs. Hellaby Brothers, butchers, Short-land-street. Three of the charges were under the Public 'Health Act, and one under the Police Offences Act. The prosecution was conducted by Mr. T. Cotter, city solicitor, instructed by the Local Board of Health, and Mr. Calder appeared on behalf of Messrs. Hellaby Brothers. . The clerk of the Court read the first complaint, which charged the defendants with, on the 17th instant, at Cox's Creek, Newton, keeping a certain place used for a trade causing effluvia, which had been certified to as a nuisance by the Local Board of Health's medical officer, Dr. Stockwell, and that the said effluvia was injurious to the health of the inhabitants of the district. Mr. Calder, on behalf of the defendants, pleaded guilty. Mr- Cotter said as the defendants had pleaded guilty, the only question was as to the infliction of a fine. He, however, suggested that the case be let stand till the other cases were disposed of. The complaint in the second case charged the defendants with allowing " an accumulation or.deposit of animal matter, which was a nuisance and injurious to health, and in the opinion of the said Board, the nuisance is likely to recur on the said premises." There was also a third charge, the said premises of Messrs. Hellaby were " in such a state as to be a nuisance, and injurious to the health of the district,';' etc.» f • A fourth charge was that, on the 17th of July last,. the defendants did unlawfully sufter part of a dead animal to remain unburied," upon the said' premises, aud was brought under the Police Offences Act,' 1884, section 3, subsection 19. Mr. Calder intimated that he would plead guilty to all the charges, but the charge under the Police Offences Act was withdrawn by Inspector Broham, as was also the third charge. •. Mr. Cotter read the sections—76-78—of the Public Health Act ; under which the cases were brought, 'and said although the defendants had pleaded guilty, he thought it desirable to outline the cases and to put in a certain amount of testimony. He then addressed the Court at some length, detailing in full the circumstances of the nuisance and the steps taken to abate it by the Board of Health. He then called Dr. W. Stockwell, Health Officer; Mr. George Goldie, Inspector of Nuisances; Mr. John Henry Field, printer, Cox's Creek; Dr. Frederick W. E. Dawson; Mr. J. Johnson, gardener, Cox's Creek, and Mrs. Jane Simpson, head teacher Bayfield School,' who testified to the terrible stenches that have lately spread over Ponsonby and district, to the fact of visitations having been made to Messrs. Hellabv's slaughterhouse, and the finding of large quantities of offal, manure, decaying animal matter, and blood spread over a two-acre paddock, and the odour arising therefrom as being " abominable arid terrible," and as decidedly injurious to health ; also to the subsequent steps taken to abate the nuisance.

" The Resident Magistrate stated he had been to the place, ana knew how it was himself.

Mr. Caider admitted the stench, but stated they had done ■ their best to abate it. He then called Mr. Richard Hellaby, who deposed to doing "his utmost to stop the evil smell by putting lime on the offal and afterwards burying it. He also stated they were taking measures to prevent a recurrence of the nuisance in the future.

Inspector Broham withdrew the case under the Police Offences Act, saying, as the offence was admitted, he saw no use in going on with his case. Other cases were also withdrawn, leaving but the case of spreading the offal on the paddock and the charge of keeping a slaughter-house causing offensive effluvia. The Resident Magistrate fined Messrs. Hellaby £5 and costs £7 9s in the former case, and a fine of Is and £6 4s costs in the second, also making an order prohibiting the creation of any nuisance for the future.