THE “BANDSTAND.”

Star (Christchurch), Volume XLIV, Issue 373, 15 March 1932, Page 7

THE “BANDSTAND.”

Right to Remain in Cranmer Square. CAUSE OF COMPLAINT. Though the community dances inaugurated by the Mayor of Christchurch have ‘given enjoyment to many people, residents living in the vicinity of Cranmer Square regard them as a mixed blessing. It is not the dancing itself that is taken exception to, but the council’s habit of leaving the “ temporary ” bandstand across the intersection of the two paths for the whole of the period during which the dances last.

On a wet day, people are forced off the asphalt paths on to the wet and sometimes slushy grass; and to this they object. The stand has been in position since the beginning of November, and people who are constantly crossing Cranmer Square have two complaints: first about the inconvenience in wet weather and, secondly", on the grounds that it constitutes something of an eyesore. The question has been asked as to whether or not the council is within its rights in leaving the structure there. The council holds that as Cranmer Square is a reserve the regulation with regard to blocking streets does not apply, and that, were it so inclined, the council could tear up the paths and put them down in grass without infringing the law. On the other hand, a prominent legal authority of the cityheld this morning that the paths through the public reserve were in effect streets. Certainly, there has been no annual blocking of the paths, a practice which is often adopted to maintain the rights of an individual or body in a private right-of-way in constant use by the public. Are They Streets? If the paths come under the definition of streets for legal purposes, then the rights of the council to block them are limited by the Municipal Corporations Act. The Act lays down that the Council may carry out work such as drainage which may stop a street at any time when it may be considered that the traffic should be temporarily diverted to other streets. Further, the statute gives the council the right “to erect upon any part of a street any shaft or structure in connection with any drain or system of drainage, and to enclose and plant any part of a street, and to erect upon any street any monument, statue, or other such erection: provided that no erection or enclosure pursuant to this paragraph shall be such as will in the opinion of the council be likely to impede ordinary traffic.” The bandstand has been obstructing the paths for over four months, so that, if the definition “ street ” applies, its right to remain there is highly problematical. * It is not certain whether another community dance is to be held or not, so in the meantime the stand remains. The reason the structure has not been dismantled and removed after each dance is simply that the cost would cancel the proceeds of the dances completely.