MEANING OF “ADJOINING”

Timaru Herald, Volume CXXXVII, Issue 19300, 29 September 1932, Page 16

MEANING OF “ADJOINING”

APPEAL COURT REFERRED T 9 a•• Telegraph—Press Association WELLINGTON, September 29. The Court o£. Appeal this morning considered the appeal of the Taranaki Electric Power Board, from the judgment of Mr Justice MacGregor,. in an action brought by the appellant Board, against the New Plymouth Borough Council for an interpretation of section 282 of the Municipal Corporations Act, 1920.

The section requiring interpretation states that a CounciL having established electric light works for the purpose of lighting the streets of public places of the Borough, and of supplying electricity to the inhabitants of the borough, may contract with a local authority of any adjoining district to supply electricity to such local authority, upon such terms as may be mutually agreed upon. At the trial the Judge held that the boroughs of Inglewood and Waitara were adjoining districts to New Plymouth borough, within the meaning of section 282 of the Municipal Corporations Act. 1920, and the supply of electricity by the respondent Borough Council to the Inglewood and Waitara Boroughs was, therefore, Within the pow-er conferred by that section:-The plaintiff Power Board appealed from this decision.

Counsel for the appellant submitted that the words “any adjoining district’’ used in section 282 of the Municipal Corporation Act, 1920, mean any district in actual contact with the boundaries of the New Plymouth borough. Legal argument was submitted to show- that the word "adjoining" means contiguous, or in actual contact with. Counsel for the respondent contended that in interpreting the phrase “any adjoining district,” not only its context, but also the surrounding circumstances of the case should be taken into consideration. The contract for the supply of current between the respondent council and the Inglewood and Waitara boroughs had been running for a number of years, and the Court,“he submitted, should hesitate before adopting any narrow interpretation, which would make the contract void. " , After hearing counsel for appellant in reply, the Court 'reserved decision.