RIGHT TO CLOSE STREETS

Taranaki Daily News, 23 May 1928, Page 10

RIGHT TO CLOSE STREETS

POSITION LEGALLY DEFINED. SEQUEL TO JUBILEE ACTIVITIES.

Arising out of the closing to traffic of Broadway during the recent jubilee celebrations in Stratford the borough council has had occasion to seek legal advice as to its [lowers in this connection. The matter was dealt with at the last meeting of the council when, in view of the general interest attached to the question, it was decided to hand the opinion to the Press. The position as outlined by the council’s solicitors is as follows:

“The streets of the borough are now divided into two classes, namely, those streets declared to be main highways under the Main Highways Act, 1922. and ordinary borough streets. The general powers of the council to temporarily close streets are contained Ji section 172, subsection 4, paragraph 1, of the Municipal Corporations Act, 1920, which confers power on the council to stop traffic on any street or part thereof for various reasons, such as for repairs, during any period of public disorder, or 'when for any reason it is considered desirable that public traffic and passage should be temporarily diverted to other streets.' Such power may be exercised by the Mayor on behalf of the council.” With regard to streets declared to be main highw'ays, the opinion went on to point out that under the Main Highways Act the Main Highw'ays Board had the sole power and control of ah roads and streets declared as main highways, and for that purpose the powers, rights, duties and liabilities vested in any local authority were transferred to the board. Provision was then made in the Act fbr the board to delegate back to the local authority such powers as were vested in the board. Broadway was one of the streets of Stratford declared to be a main highway, but by resolution of the board passed on February 24 of this year the powers of control were delegated by the board to the borough council, and therefore Broadway. together with other streets declared as main highways within the borough, were under the control of the council and power to close declared streets was therefore still vested in the council by delegation from the board.

“For the above reasons,” stated tho solicitors,, “wo have to advise that the council or the Mayor, on behalf of the council, can temporarily close any street in the borough, including those declared to be main highways, for any of the reasons set out in the section of the Municipal Corporations Act. Accordingly, no one had a legal claim against the council for the closing of Broadway during the jubilee celebrations.''