Refund wanted for pulling out willows

A riverside resident takes the harbour board to court over the cost of pulling willow trees out of the Ōpaoa River in Blenheim, this week 110 years ago, as we take a flick through the archives. From the Marlborough Express, February 9, 1914.

The case of Robert Allan, of Drumclog, v. the Wairau Harbor (sic) Board, in which a claim was made for £49 7s 11d, was heard by Mr F. O’B. Loughnan, S.M., on Saturday morning.

Mr S. P. McNab appeared for the plaintiff, and Mr C. H. Mills for the defendant Board.

The statement of claim set forth that the defendant Board served notice on the plaintiff requiring him, pursuant to the provisions of the Public Works Act, to remove the willow trees and stumps on the bank and extending to the centre of the bed of the Opawa (sic) River abutting on his property at Drumclog.

Acting in good faith the plaintiff complied with all the terms of the notice, the total of his expenditure being £49 7s 11d. The work was done in October and November, 1912.

Subsequently the Harbor Board took proceedings against S. M. Neville, to enforce a precisely similar notice to that given to the plaintiff, and the Board lost the case on the grounds that Mr Neville

did not own the freehold of the Opawa riverbed, nor was he a Crown leaseholder (with two years to run) of such riverbed, the Opawa being tidal along Mr Neville’s boundaries as also along the plaintiff’s boundaries.

The plaintiff approached the Board for a refund of the money he had spent. He did so at nearly every meeting of the Board as it was constituted at the time of the giving of the notice, and the doing of the work. When the Board was going out of office it passed a resolution recommending its successors in office to refund the plaintiff the money he expended.

Yet, although the new Board (with two or three exceptions) was the same in its constituent membership as the old Board, the defendant dishonorably and mala fide refused to repay the money that the plaintiff had expended for the benefit of the defendant.

The Board had staved Mr Allan off, month after month, and had, indeed, treated him most unfairly.

Mr Mills intimated that the Board had merely withheld the question of a refund to Mr Allan pending the result of further legal proceedings that it contemplated taking with a view to contesting the Magistrate’s decision in Mr Neville’s case.

Mr McNab called as witnesses A. J. Maclaine, secretary of the Board, who produced the minute-book; and the plaintiff, who said, inter alia, that he had exhibited a patience with the Board that really amounted to weakness.

His Worship reserved his decision, and intimated that counsel would be given whatever opportunity they desired of elaborating their arguments.

STUFF The Ōpaoa River, previously known as the Opawa River, winds its way towards the Wairau Bar.