Evening Post 16 Feb 1883

The Wainui-o-mata Watershed

At the meeting of the City Council last night a letter was read which had been addressed by the Town Clerk to Mr A. E. Russell, of Foxton, in which it was stated that the Council were willing to purchase certain sections of the Wainui-o-mata Estate, amounting in all to 434¾ acres, providing they could be obtained for a fair price. In reply the following letter, dated Occidental Hotel, Wellington, 15th February, from Mr Russell, was received:- “I have the honour to inform you, in reply to your memorandum of the 8th instant, that I am not prepared to sell the sections which you mention in your memo, of that date. As, however, I am aware that the City Council is interested in the acquisition of the Wainui-o-mata watershed a portion of which I now own, I make the following proposition for their consideration, viz., that the City Council shall buy from me all my interest in the properties lately held by Messrs J. and D. Sinclair, containing 4166 acres (more or less) and recently purchased by me for seven thousand pounds (£7000). I may mention, for the information of the Council, that the land I offer them was under mortgage to Messrs Levin and Co., as agents for Saville, and to me for a total of £6500. Arrears of interest and other expenses will amount to over £500. I therefore offer the land somewhat under its cost price to me. Should the Council desire to purchase, I will be willing to let the sum of £5500 remain secured in such way as my solicitors may advise, for three (3) years at 8 per cent per annum, payable half yearly, with power to pay off the capital on three months’ notice being given. The balance of £1500 due to Mr Saville, 30th September 1883, to be paid, together with interest on the same, from the date of purchase, at 8 per cent per annum, on the 30th September 1883. This offer to remain open for one week from this date.” The offer was received with considerable ridicule by the members of the Council, and the Mayor remarked that it was perfectly useless wasting time over it. It was resolved, on the motion of Councillor A. W. Brown, that the offer be declined.

A letter was read from Messrs Brandon, Shaw and Brandon, on behalf of Mr Barnard, claiming compensation for land taken in connection with the Wainui-omata waterworks, and damage done by severance, also for removal of portion of the tramway. For the land Mr Barnard claimed £72, being 12 acres at £6 per acre; for the tramway, £250; and for damage caused on account of extra fencing, &c., £50, making £372. He would be willing, however, to take £300 in settlement.

The Mayor said it was very fortunate, in the light of recent events, that they had some hard-headed men of business among the Councillors, and that an agreement had been made with the Messrs Sinclair. It had been said that they had rushed into the construction of expensive works without making proper precautions for the acquirement of the watershed. So far as human wisdom could go, the Council had taken every precaution possible. In addition to the 6500 acres reserved as a watershed, they had assured the right in perpetuity, so long as the Messrs Sinclair remained owners of the property, to use and have benefit of all lands in their possession. He then read the following agreement, signed by the Messrs Sinclair, which he said had never been made public before:- “Re Wainui-o-mata water supply. – We, Messrs J. and D. Sinclair, agree to the following arrangements, viz. – That the Council form a road from the mills to the proposed reservoir, the road to be formed on a gradient suitable for a railway, we undertaking to ballast said line and lay rails, &c., and to carry all cement or other materials for the Corporation or contractor under them, or their servants, that may be required in carrying out the waterworks at Wainui-omata. This to be done free of charge. In consideration of above agreement, we agree to allow the Corporation to carry water-race and water-pipes through the whole of our properties at Wainui-o-mata and Lowry Bay district free of any charge or claim for compensation for all time. The Corporation, where passing through grass lands, undertaking to leave the land in proper order after finishing the laying of the pipes.”

The Mayor added that the agreement was signed in his presence at Sinclair’s mill at the Wainui-o-mata. Councillor Allen remarked that the Corporation had a similar agreement with every other person through whose land they passed. The Mayor said that was so. He added that the Corporation subsequently acquired under proclamation the freehold of the portion of the land which they required for the dam, for which £240 was paid. After mentioning that the land for which Mr Barnard claimed compensation was included in the agreement he had read, the Mayor went on to say that he hoped the public would realize that the Corporation had been compelled to stand with fixed bayonets to keep off these unrighteous claims, which were sent in because it was thought the Corporation were in a helpless position. No greater mistake could be made. Supposing the Council did not acquire one acre of this land, its position was secure. He admitted it would be better to have the freehold of a portion if it could be got at a reasonable price, but he should always oppose anything excessive being paid, and he hoped if these gentlemen pursued their claims they would be fought to the last in a court of law. Councillor Logan remarked that the question of severance would have to be met and some slight compensation would probably have to be paid to Mr Barnard for that account. The discussion then dropped, it being understood that the letter of Messrs Brandon, Shaw & Brandon would be considered by the Public Works Committee.

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