SHORE'S WATER.

New Zealand Herald, Volume LXVIII, Issue 20988, 26 September 1931, Page 11

SHORE'S WATER.

building.

OPPOSES COUNCIL.

j£GAL ACTION SANCTIONED

QUTICISM BY HEALTH OFFICER

/ tbe Takapuna Borough Council's action {g lifting the ban on building constructor on the land surrounding the Lake pnpuke reservoir was opposed by the Xorth Shore Boroughs' Water Board at J meet" l ? yesterday afternoon. A motion portioning legal actioo to prevent the joancil from giving effect to> its decision carried. Dr. H. Chesson, medical aficer of health tor North Auckland, and 'Sr. 0. N. Campbell, commissioner of frown lands, attended the meeting. Ha Mayor of Takapuna. Mr. J. Guinitb3» expressed his council's determination to carry out its proposal. An appeal jgaicsfc the restrictions had twice been ejected in Court, but no opinion on the question had' been expressed on these jccasions. The decision had, he said, Jaen the outcome of the council's opinion {jat it should not be required to lose i considerable amount of revenue by Dot receiving rates from the properties. Dr. Chesson said the Health Departed had been compelled to take action jeoa years ago in regard to building jcerations on the land. A proposal to fere a water supply in the Waitakere flanges had been rejected, a condition Ijeipg that there should be no pollution consequent upon building on the !aki watershed. He considered that the board fjiould have more power over the area tian the council. Effect on Rating Revenue.

Takapuna had complained about th» effect on its rating revenue, Dr. Chesson proceeded, but it was the general opinion among all responsible residents of the North Shore he had met that the lake area should originally have been pro daimed a water reserve. Had that been done, Takapuna could not have received rates from the property.

"As the position stands, Takapuna has received rates from the area which it had no business to obtain," Dr. Chesson idded. "Now it is simply cutting off its nose to spite its face. It is lifting the ban when all authorities on watet ripply hold that a watershed should be protected." He quoted several authorities contending that the aim of any bod? controlling a water supply should be to eliminate any possible source of contamination ami to obtain a pure supply without resorting to artificial purification. '"Here you have a lake, the water of which is of excellent quality." said Dr. Chesson. 'lt is the duty of all authorities concerned to protect this supply. I tell yoa candidly that your beard is to blame for the trouble to a large extent for no: putting through its by-laws and securing the power of protection." Replying to a request by Mr. Guiniven for anv passage in the regulations giving tile board power to restrict building operations in the area, the secretary, Mr. H. Wson. said the provision would be under tie building restriction laws. Dr. Chesson: I know the board ha 3 pow?r to put practically any restriction it Ilka on the area. "Absolute Bluff."

"Wa are a constituted board and we bare one member, a council, trying,_ so far as we know, to violate the principle of keeping the water clear," said Mr. E. ZL Little, deputy-Mayor of Devonport, "If we have power to protect the lake, we should use it. Mr. Guiniven, it looks to- me, is offering absolute bluff and seems to have something up his sleeve. This board should do all it can to safeguard everyone concerned. Mr. Guiniven has appealed to somebody and has the authority—or thinks he has—to proceed with the council's action. If he has the power, why can the board not secure it ?

Mr. Little thought the board, had it the powir, should pass a resolution prohibiting the Takapuna Council's action. The revenue to Takapuna was not serious compared with public health. "This is not bluff." said Mr. Guiniven. **We have the best legal advice, although I am not prepared to divulge it at this stage. Any resolution such as you suggest would be ultra vires. The only way oat of the position I can see is to induce the local bodies concerned to pay their proportions of the £ISOO lost in rates by Takapuna. We will fight this to the finish and the Health Department has no power to prevent the building." Mr. H. F. W. Meikle. Mayor of Devonport: It seems that Takapuna is a Jaw unto itself and can defy all New Zealand.

Mr. R. Martin. Mayor ot Northcote, did not think there would be a great demand for permits to build on the area when the heavy penalties for pollution ci water became known. Mr. Guiniven's Dissent.

The chairman, Mr. J. P. McPhail, Mayor of Birkenhead, said the board should not be concerned about the legal advice obtained by Takapuna. A motion by the chairman to instruct the board's solicitor to take any steps considered fit to prevent the erection of buildings on the area, in the event of the granting of permission, was carried, the only dissentient vote being that by Mr. Guiaiven. Mr. McPhail said he did not think the board would have power actually to prohibit building operations by a resolution. The resolution moved was principallv to deal with any emergency which might arise, pending provision in the by-laws. On the ground of objecting to "'further extravagance in framing laws," Mr. Guiniven opposed a proposal to have the board's bv-laws put in order, the secretary explaining that they had not been adopted by the board, although they had been approved. The secretary added that the completion of the by-laws would occupy five weeks. Mr. Campbell: A survey will have to te made, too. A motion' by Mr Meikle to have steps taken to expedite the completion of the by-laws was carried, Mr. Guiniven having bis objection recorded on the ground of Unnecessary expenditure.