MAIN HIGHWAYS LEGISLATION

Wanganui Chronicle, Volume LXXXI, Issue 18965, 17 March 1924, Page 7

MAIN HIGHWAYS LEGISLATION

A LEGAL OPINION. EFFECT UPON LOCAL BODIES. A number of question in regard to the Main Highways Legislation were submitted by the Wanganui County Council to Mr. T. F. Martin, counsel for the New Zealand Counties Association, and his opinions are as follows: In the event of a road being declared a main highway in terms of Section 3 of the Main Highways Act, 1922, can a county council legally charge the proportion of cost of construction and annual maintenance payable in terms of 'the Act, (Sections 18 to 19) to the riding of the county through which the main road passes. Section 131 of the Counties Act, 1920 sub-section (c) refers to main roaejs in counties Being a charge upon the funds of the county as a whole, when such roads have been declared main roads •by special order. In the event of a 'county not declaring any roads mainroads in accordance with this section, docs the fact of the Main Highways Board declaring a road a main road have the same effect as if such road had been declared a main road by special order. The Main Highways Act provides for payment to and collection from local authorities within the specified Highways Districts, and in the event of a levy of say £lO,OOO being made on a certain local authority unless such •charge is over the whole county it would be impossible for a portion of the county with its limited rating power to pay the amount due and tne annual maintenance accruing thereafter. Mr. Martin’s opinion is:— The Main Highways Act, 1922, section 3, in providing that any public highway may be declared by Order in Council a “Main Highway,” enacts that the same shall “boa main highway within the meaning and for the purposes of this Act.” In my opinion therefore the declaring of a public highway to be a “main highway” makes the for no other purpose than the purposes of the said Act. In this connection I would point out that the said section 3 provides that the lines of any existing public highway need not be accepted *ur a ••main highway,” and further that section -2 “any main highways that have been declared to be Government roads under the Public Works Act, 1908.” This section 22 therefore contemplates the case of a road that Is both a “Main Highway” and a “Government Road.” In my opinion the declaring of a country road to be a main highway under the Main Highways Act, would not constitute it a “main road” within the Counties Act, 1920, or prevent the council from so

constituting it by special aider. “Main Highways” are such fw the purposes only of the Main Highways Act. Subject to the power given to the council by section 9, Counties Amendment Act, 1921, to place the cost of certain works on the whole county, or upon any two or more ridings, I am of opiuion that the costVf the construction or maintenance of a “Main Highway,” net declared to be a “Main Road” under the said section 131 would fall on the riding or ridings in which the road was suitable. The Main Highways Act deals with a local authority as a whole, and does not go into questions of internal finance within a

As the Counties Act, section 131 expressly provides what roads shall be “■constituted and-* maintained .by the council as a whole (namely roads declared by the council; by special ordei, to be “main roads”) and leaves all other county roads to be constructed and maintained by the several ridings, I am of opinion that any payments iu respect of “Main Highways” made by the council to the Main Highways Board, or to any other local authority under the Main Highways Act, would not conic within section 131 as being “contributions required to be made out of the county fund under any Act.” These payments would fall on the county as a Whole in the case of declared “main roads,” and on the ridings in respect of other roads, and payments by the board would be credited to the county or riding account on similar lines.

The questions put are answered as follows:

(1) The cost must be charged to the riding, subject to action being taken under the said section 9, Counties Amendment Act, 1921. (2 ? No. (3) , Unless it is felt that the said section 9 would meet the case, it appears to be one for now legislation.