CROWN LIABILITY

Poverty Bay Herald, Volume LXII, Issue 18633, 18 February 1935, Page 9

CROWN LIABILITY

IMPORTANT QUESTION WAIROA DISCUSSION (Herald Correspondent.) At 4he Wairoa County Council meeting a letter was read from the Wairoa Borough Council asking that body to take up with the executive of the Counties’ Association the question of stock belonging to the Crown, impounded from roads and not being liable for the same fees as the general public were called upon to pay. So far this seemed, somewhat mysterious to file councillors present until the chairman, Cv. A. G. Nolan, gave the information that on a recent occasion complaints were made about the dangers attending the wandering ot •stock on the roads, especially on the main highways. The point was pressed. not onlvby the automobile associations and the Main Highways Board, and cases were cited where cattle actually slept on the centre of the road and in one case with serious results. In pursuance of a request to try and keep the highways clear, the ranger, who is an employee of the County Council, impounded a bull off the main, highway and lodged it in the Wairoa pound. The county chairman, who is also the supervisor of the Mohaka development block, from which the bull strayed, asked in the interests of the Government, for the release of the animal, undertaking that the fees would be paid by the Native Department. Delivery was given, but the department later repudiated payment on the ground that the Crown was exempt. It was further learned during the debate which resulted that had any damage resulted to the hull, which was a valuable animal, the poundkeeper or the council that appointed him. would be liable for damages, but no information was elicited as to whether the Crown would be liable for any accident caused by the trespass of a Crown-owned animal on a public highway as would he the case if a private person were involved. This brings the ones (ion to the point of the oft-repeated allegation that “the King can do no wrong.” meaning thereby that the Crown, bv its agents, mav "ommit offences on roads or highways that a private- person could not- commit, with imnunitv. The Crown can only be sued by permission of the Attornev-Generni, but that is a slow and doubtless an expensive process. It seems clear that if all the Crown tenants whose lands are mortgaged to the Crown were to let out all their stork on the roads and escane the inevitable Penalties for so doing some members of l be travelling public wight sustain accident, or death, or material loss in conseouence. and the slogan “Justice for ell” must, become a veritable far'-e.. The amount involved Is small, but the principal at stake is of great magnitude. and it is therefore well that the oYinutv Assentations’ executive has been a<d'nd to take the matter up. Mnnv resiclo’ts consider that the rime must surelv come when the Crown will nav the -same rates and charges as the. long-suffering public has to pav. and not onlv that, but income and other taxes on their trading operations in competition with private enterprise.