BUILDERS FINED

Otago Daily Times, Issue 26607, 1 November 1947, Page 4

BUILDERS FINED

BREACH OF REGULATIONS GALVANISED IRON SPOUTING USED Five Taieri builders were charged with similar breaches of the Building Emergency Regulations in the Mosgiel Police Court before Mr A. E. Dobbie, S.M., yesterday. They were John White (two charges), R. J. Pearce (one charge), A. J. Soutar (one charge), Robert Muirhead and Sons Ltd., (four charges), and A. E. Pedlow (one charge), and in every case the charges related to the use of galvanised iron for spouting and down pipes when the permits specified wood. Mr R. L. Fairmaid, who represented White, stated that the Housing Department had admitted at the hearing of previous charges of a similar nature that the wooden material was not available at the time. These charges had been brought in July, 1947, while the iron spouting had been put on the houses in May, 1946, at which time there had been no fully dried heart timber of the type necessary for spoutings available. In fact, the Housing Department inspectors had complained of the lack of such material as it was holding up Government housing. His client had found while visiting the North Island that wood was seldom used for spoutings there. “ The peculiar fact is,” said Mr Fairmaid, “ tha,t wood for spoutings is not available, yet the regulations say that it must be used. At the same time, iron spouting can be purchased' in any hardware firm, yet the regulations say that it cannot be used.” Mr G. T. Baylee, representing Robert Muirhead and Sons Ltd., stated that the houses in question were being built for returned servicemen. There was the strange position of one Government department fighting against another —the Rehabilitation Department trying to get the men into houses and the Housing Department holding up the completion of houses through their regulations. Great as the shortage of galvanised iron might be in the view of _ the Building Controller, there remained the curious anomaly'that all sorts of galvanised iron articles were available in the shops. In the aipparent conflict of curiously based and framed laws dating back some time, it might be possible to take judicial notice of the fact that the Government departments were so busy making new regulations they- had not time to amend the old ones. , „„ Submissions along the same lines were made by Mr W. P. Hartslonge, representing the other defendants. Mr H. S. Adams, representing the Building Controller, stated that he had been advised that the correct wood had been available, and that tne builders had merely Jaken the opportunity of using material which made a better and easier job, and which was also available. Under their permits, however, the use of the galvanised iroß was prohibited. The iron plate used for spouting was in short supply and was used for other essential purposes. Its use had been controlled for reasons which were thought right and proper in the view of the authorities. It was immaterial in viewing the charges that the defendants could not get the timber. The law provided that they could not use the iron and that was the basis of the charges. On the first charge, John White was fined £2 10s with costs and solicitors fee (£2 12s), and on the second charge £1 10s with similar costs and fees. R. J. Pearce was fined £3 10s, with costs and solicitor's fee (£2 12s); A. J. Soutar and A. E. Pedlow were similarly fined; and Robert Muirhead and Ltd., were fined £3 10s with costs and solicitor's fee (£2 12s) on the first charge, and costs only (£2 12s) on the other three charges. Traffic Offences

For driving without due care and attention, Arthur Sinclair Kingan was fined £2 and costs (10s), and A. Didham was ordered to pay costs only (10s). , George Moffat McAllister and Harry Theodore Warwick were each fined £2 and costs (10s) for failing to keep to the left of the road. . . For failing to produce a driving licence when required to do so, Stanley Mulqueen was fined 15s and costs (10s). ■ , On charges of exceeding the speed limit Kan Young Yen was fined £3 and costs (10s); Howard Blyth Howes, £1 10s and costs (10); Robert James Cameron, £2 and costs (12s); Gordon Dungey Howell, £2 and costs (10s); and Thomas Derwent Mutch, £1 10s and costs (10s), with a further penalty of 10s and costs (10s) for having no warrant of fitness for his vehicle. For exceeding the load weight permittted by his heavy traffi licence,' Arthur William Williamson was fined £1 and costs (10s), and N. Trewby and Co., Ltd., were fined a similar amount for contravening the terms of their carrying licence. Charged with driving in a dangerous manner, Thomas Roy McDonald Burn was fined £4 and costs (10s). For parking too close to an intersection, Alexander John Archibald was fined £1 and costs (10s). Other Offences Samuel Snell and Bruce Jury were each fined £4 10s and costs (12s) for being in possession of iiquor in the vicinity of a dance hall at Momona. Leslie Bertram Borrow, was fined 5s and costs (10s) for permitting a chimney to catch fire.