TROUBLESOME CULVERT.

New Zealand Herald, Volume LXV, Issue 20132, 18 December 1928, Page 14

TROUBLESOME CULVERT.

LANDOWNER SEEKS REDRESS. THE CITY COUNCIL ABSOLVED. Judgment in favour of the Tarnaki West Road Board and its successor, tho Auckland City Council (Mr. Stanton), in a claim made by Mrs. Harriett Sale, of St. Heliers (Mr. McYeagh), was given by Mr. Justice Frazer in the Supremo Court yesterday. The plaintiff was the owner and occupier of land at St. Heliers, through which a tidal creek runs. In 1921 the road board placed a culvert and floodgate across tho mouth of the tidal creek, and in 1926 Mrs. Salo claimed relief from damage alleged to be caused by "the culvort. The board undertook to construct a second culvert, and to keep both culverts clear, v

The questions now submitted wero whether the board had any right or power to enter into the obligation to keep the culverts freo from obstructions of all kinds, and what, if any, were the legal obligations of tho Auckland City Council under this settlement.

4 VA local body is a creature of statute, and it cannot bind itself absolutely and in perpetuity and pledge its funds in future, unless it is expressly authorised by tho statute to do so," said His Honor. "There is no statutory provision enabling the Tarnaki West Road Board to bind itself as it has purported to 'do in tho present case." The Judge found tho road board had 'no right to enter into the obligation, and that tho City Council had no legal obligations in tho matter. The council was allowed £l2 12s costs, with disbursements.