FACTORY NOISE

New Zealand Herald, Volume 81, Issue 24878, 27 April 1944, Page 6

FACTORY NOISE

NEIGHBOURS COMI'LAIN COURT ACTION FAILS The hearing of an application for an injunction to restrain Walter Lionel Lincoln, builder (Mr. Hubble), from operating a joinery factory at Wallace Road, Papatoetoe, was concluded before Mr. Justice Callan yesterday. The plaintiffs, the Misses Marian Ruth and .Muriel Eileen O'Loughlen, of 10 Wallace Road (Mr. H. A. Anderson), claimed that the noise and smoke from the factory seriously interfered with their health and comfort. They also claimed £SOO damages. The defendant denied that %ny nuisance was created by his factory. For the defendant several further witnesses who lived close to the factory gave evidence that its noise caused them no trouble. Some said that trains and aeroplanes were more inconvenient. The defendant produced permits for his factory and extensions. The factory was connected with defence work and Government housing, he said, and ho could not do without it in his business. His Honor said there could be no question but that these ladies had beon suffering intensely, but the law gave no assistance to hyper-sensitive persons or those who were seriously disturbed by conditions which did not affect the average person. The case was simply one of fact. Were these ladies suffering because they had let these noises get on their nerves? If so the law did not assist them. His Honor said the only question was whether the suffering which the plaintiffs were enduring was due_ to their being hyper-sensitive in this matter. They were not entitled to a remedy merely because the factory was in an area zoned us residential. She result was that these ladies, although one could not but be sorry for them, had completely failed to prove their case. Judgment was for the defendant. LOCAL ELECTIONS SUPPLEMENTARY MOLLS SOME CLOSE ON SATURDAY About 8000 applications for enrolment on the City Council's supplenientarv roll had been received at the Town Hall uj> to last evening. They have been coming in freely for some days, and it is possible that the total of 12,10(i on the supplementary roll of 1941 will be equalled by 5 p.m. on Saturday, when the new roil closes. Several thousand claim forms have been obtained by organisations interested in the election, but so far the number of applications returned by them has not been by any means commensurate. The rolls of the seven suburban boroughs with populations exceeding 5000 will close at 5 p.m. on Saturday. In seven-smaller boroughs the date May 13. These latter are Birkenhead, Ellerslie Manurewa. New Lynn. Newmarket, Northcote and Papakura. The same date applies in the Glen Eden, Howiek and Papatoetoe town districts. Although in general the rolls to be used in the Auckland Electric-Power Board election close next Saturday, arrangements have been made for all persons on the Ellerslie, Newmarket, Manurewa, Papakura, Howick and _ Papatoetoe rolls to vote in that election. MAYORALTY OF OTAHUHU MR. A. MURDOCH NOMINATED The nomination of Mr. A. Murdoch for the Mayoralty of Otahuhu was made yesterday. He has been deputy-Major for the fast six years and a member of the council for'eight years. He has been headmaster of the Otahuhu district school for 23 years. Mr. Murdoch is also a vice-president of the Suburban Local Bodies' Association, and occupies several other public positions. HARBOUR BOARD CANDIDATE ONE TREE HILL SUPPORT Support for the candidature of Mr. E. V. Sutherland as representative on j the Auckland Harbour Board for the combined districts of One Tree Hill. Onehunga, Mount Wellington and New- | market, was decided on at last night's ! meeting of the One Tree Hill Borough Council. A letter received from Mr. Sutherland indicated he would again be a candidate. A member of the council, Mr. J. Adams, indicated he would not be seeking re-election. ELECTORS' ASSOCIATION SPONSORING OF CANDIDATES A decision to sponsor independent candidates for the City Council, Harbour Board and Hospital Hoard has been made by the Auckland Municipal Electors' Association, a recently-formed body which advocates a home-building programme on the largest scale, financed by a municipal bank, the establishment of an open fruit and vegetable market and the early construction of a harbour bridge. It was stated last night that the following would be nominated for the City Conned: —Messrs. J. A. Govan, T. H. Megann, J. A. Ritchie and C. P. Bolton. Candidates for other bodies would be announced later. MAINTAINING E.P.S. Opposition to a resolution of the Suburban Local Bodies' Association urging the disbandment of the central E.P.S. organisation was expressed at a meeting of the One Tree Hill Borough Council last night. Members expressed the opinion that, in view of the lessened cost of the E.P.S. and the undoubted value of the organisation in the event of an epidemic, its disbandment was not justified. A letter from the chief executive officer advised that One Tree Hill's allocation of the estimated expenditure for the present financial year was £2Ol, compared with £063 last year. Total expenditure since the inception of the E.P.S. to March 31 was £396,663, of which the contributing local bodies found £140.452, stated another letter received. The Minister of Civil Defence had said that the scheme must be maintained for the present.