SUPREME COURT.

Star (Christchurch), Issue 12570, 6 March 1919, Page 6

SUPREME COURT.

'— KAIKOURA ROADS. COUNCIL V. SNUSHALL. An action of special interest to residents of Kaikoura was heard in the Supreme Court before his Honour Mr Justice Hordman this morning. The Kaikoura County Council -was"the plaintiff in the action, and -was represented by Air G. G. Watson, of Wellington, while Hoary Snushall, a. settlor at OTydevalo, near Dunedin, was defendant. Ho was represented by Mr S. G. Raymond, K.C., with him Mr W. E. Kinnerncy. The plaintiff council’s claim was that defendant had enclosed 'by moans of fences mid barriers and had erected and maintained, fences and barriers whereby access to and passage along various public roads in-the Conway, riding, an outlying district of Kaikoura, is rendered impossible, the plaintiff council being deprived of the use of the .roads as public roads. Tho roads in question comprise an area of about 2000 acres of what are,known as "paper roads” in the Grconhill Estate. Plaintiff urged its claims under the provisions of the Public Works Act of 1908 and the Counties Act of 1908. which vested in the County Council the control and management- of roads. The council asked for an order declaring the roads to bo nublio roads; £5 7s, expenses of plaintiff in removing a. fence from one of the roads ; and £o general damages, together with the costs of the action. The statement of defendant admitted, that several parcels of land mentioned in the claim are shown as public roads, hut they had never been taken posession of, controlled: or managed by the council, and never used as roads, and no public or private money had been spent on fitting them for use as public roads. It was’further claimed that the Kaikoura Council had for years tried to get these roads closed to enable them to sell them and obtain the purchase money. Defendant expressed a willingness to pay a. reasonable rent to the Crown or other authorised body for thei use and occupation of the roads, but / objected to being compelled by the council to purchase the land. (Proceeding.) 1