PROVISION OF ACCESS

Wanganui Chronicle, Volume 73, Issue 370, 13 September 1930, Page 6

PROVISION OF ACCESS

RATEPAYER'S APPLICATION POWER OF A LOCAL BOD-

LEGAL OPINION GIVEN Provision of legal access to a ratepayer’s property by taking land under tho Public Works Act engaged the attention of the Wanganui County ‘Council at its meeting yesterday when an interesting legal opinion was tabled by the County Solicitor (Mr T. W, Blennerhassett). “I am asked to advise whether the Council has the right to take land for access to private property when there is already legal access to the same pro- h perty, ” Mr Blennerhassett wrote, x “There is only one New Zealand case in point—Hendry v. Hutt County Council. In that case the learned Judge in the course of his judgment, said that the local authority should act bona fide and should not, under any circumstances, act in an arbitary manner for the benefit of a private individual. “This is a repetition of the dicta of the Lord Chief Justice of England and another learned Judge in a case decided in England, and must be regarded as a true exposition of the law relating to the power of local authorities.” Mr Blennerhassett concluded by saying that in view of the dicta o*tho learned Judges it would not be advisable to take land as suggested. The proper course in the case before the Council, would be for the parties concerned to deal privately. The opinion was received and it wm decided to forward it on to the ratepayers who had made application for the Council to exercise its powere undqr the Act to give him access.