RIGHTS OF THE CROWN

New Zealand Herald, Volume LXIX, Issue 21296, 24 September 1932, Page 14

RIGHTS OF THE CROWN

Sir—ln the Supreme- Court action p brought by the Crown against the Puke-, kohe borough for undermining a telephone cable, it would appear that neither side knows how it stands in the matter. The--, borough is compelled by law to fix theM, permanent levels of the streets and supply these levels to the Telegraph Department or Drainage Board or any person land along a street, on demand. borough may carry out the of the street' to these levels at any it chooses. If a. telephone cable or a sewergg| or a man's front gate is left in the air, or buried deep, the,owner is. to blame'for .not. working to the peimanent level. It is a shameful thing to see a small || local body hailed before the Supreme ggf Court by the Crown with the consolidated fund and the national debt and every-, thing behind it, and compelled to defend || itself at great expense for doing what it is there for. The telegraph office has an %| Act of Parliament of its own that appears to make it the supreme owner of the ; |§ streets and everything in them, and this gives officers swelled heads and leads them to bull-dose small local bodies. These | small bodies are sometimes served by M foremen with little knowledge of their :| rights against the Crown, and by councillors who are not lawyers; and this - J state of things encourages the bull-dosing abovo mentioned. Small local bodies should all know that though the telegraph office's title to the ownership of the '4. streets and everything in them looks like a good title, their-own title to the same things is a much better title; and they should see that they have all their permanent lines and levels properly registered, either in plans at the public disposal or by having made the streets "in some permanent manner." A telephone cable laid by telephone navvies over hill and dale in a shallow ditch, does not fix the permanent level or line of any street, and the bringing of this case to the Supreme Court is a shameful absurdity. Te Awaiiuio. Sept. 21, 1932. J