COMPENSATION APPEAL.

New Zealand Herald, Volume LXII, Issue 19144, 9 October 1925, Page 12

COMPENSATION APPEAL.

STOP BANKS ON RIVERS. WAIHOU AND OHINEMURI. [BY TKTJSGBAPH. —PRESS ASSOCIATION.] \YELLIN GTON. Tb« red ay. The Fall Court was engaged to-day hearing a ease stated under the provisions of section 68 of the Public Works Act, 1908, between Wallace Napier Chamberlain and the Minister for Public Works. By proclamation dated March 25, 1895, the Waihou and Olxinemari Rivers and their tributary streams were proclaimed under the Mining Act to be sludge channels for the deposit of tailings and mining debris. In consequence of numerous and continual complaints that this was tilling up the channels of the rivers, causing serious floods, damaging lands, and impeding navigation, a Royal Commission was appointed on May 14, 1910, to investigate complaints and report thereon. As a result of a report made bv the commission on July 8, 1910, tho Waihou and Ohinemuri Rivers' Improvement Act, 1910, was passed, making provision to remedy and prevent or mitigate the silting and overflow of the rivers and to improve tho same for navigation. It is contended by respondent that (a) under section 10 (1) (a) of the Waihou and Ohincmuri Rivers' Improvement Act, 1910, no compensation is payable for lands injuriously affected by reason of the construction of stop-banks or any works enumerated in that section; '£) respondent was at common law entitled to construct stop-banks, and, consequently no claim for compensation could he, even though damage accrued to claimant; (c> if the lands of claimant wore injuriously "affected, betterment accruing to plaintiff would counter-balance any such injury. it is contended by claimant that a series of natural watercourses at Monanui's flat and other places through which the waters of tho rivers flowed in times of flood, constituted a distinct natural flow of channels, and the ancient and rightful course of the river at such times, and such channels had been blocked by the construction of stop-banks, but no such allegation was set out in the claim. Questions of law involved in the above contentions are reserved for the opinion of the Supreme Court and the Compensation Court made a preliminary award to claimant of £SOO. The question for tho opinion of the Full Court now under discussion is whether any compensation is payable to claimant for any injury or damage to his land as the result of the erection of stop-banks by the said respondent. Mr. West is appearing for claimant and Mr. Fair, K.C., for respondent. After legal argument tho Court reserved its decision.