Dear Waitaki District Council,

If an application is made by a private property owner, to erect a cattle stop over a legal road, and the application is considered by the Waitaki District Council under the Local Government Act 1974, Sect. 344, and subsequently, a permit is granted under this section,
1. Would it not necessarily follow that the cattle stop be consistent with the Act, in that it be over a road “...constructed through private lands..” as per the Act ? and
2. Would it not also follow, as per the Act, that it “...be erected on the outer boundary...” of the applicant’s property ? and
3. Would it not also follow, that the ‘permit' as it must be in writing, state, if it were to reference construction of a fence, also conclude that any fence permitted under this section of the Act, be either within the private property, or on the boundary of that property ?

Yours faithfully,

James Russell

Dear Lynley Scott,

I have not as you advise, provided several 'interpretations' of the Act. (Sect 344)
I have quoted the Act. References within quotation marks in my request are as pasted directly from the Act.

And as I have numbered my questions 1. & 2. & 3, then these are "exactly what questions..." I "...would like answered."

With reference to Q 3. (quote Sect 344 1.)"The council may, in writing, permit..."
So I imagine that if there were a cattle stop permit, it would be in writing as required, and if there were a fence involved, it would presumably be mentioned in the permit. See Section 344, 11..

Yours sincerely,

James Russell

Dear Lynley Scott,

The two PDF documents do not answer any of my three questions.

You have supplied a cattle stop application. This document has questions, and I seek answers, not questions.

The other is the complete edition of bylaws. My questions relate only to Section 344 of the Local Government Act 1974, and not bylaws.I will keep them, but they are unhelpful today.

I have FYI, repeated my questions. I struggle to put them any more plainly than below.

If in doubt, see SECT 344 of the Local Government Act 1974 [GOOGLE will take you right there, and the answers are at the top of the page]

[Question 1] A permit is granted in writing [Sect 344 (1.) would not the cattle stop necessarily be over a road “...constructed through private lands..” ? [quote 344 (1.) (b)]

YES or NO ?

[Question 2] Would it not also follow, as per the Act, that it [the cattle stop] “...be erected on the outer boundary...” of the applicant’s property ? [quoted the Act] [Sect. 344 (1.) (b)]

YES or NO

[Question 3] If an application is made and a permit granted it would be in writing would it not ?
SEE SECT 344 (1) Gates and cattle stops across roads

YES or NO

Yours sincerely,

James Russell

Dear Lynley Scott,

Thank you Lynley,

I agree with your answers to 1 & 3, however, with regard to question 2, in which you respond NO, it seems that the Act, with regard to this is clear, and I have for reference, cut and pasted as follows; "...the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary..."

And my question, copied below

Would it not also follow, as per the Act, that it [the cattle stop] “...be erected on the outer boundary...” of the applicant’s property ? [quoted the Act] [Sect. 344 (1.) (b)]

Your NO answer is inconsistent with my interpretation of Sect. 344 (1.) (b).

Please elaborate on your reckoning ? It seems very clear to me.

Yours sincerely,

James Russell

Dear Lynley Scott,

You have in your reply provided two options for the location of the cattle stop; 1. across a road on road reserve, or 2. across a road through private lands.

The Act does not provide either of the two options in support of your claim; it provides one single option in Section 344, that applications for a cattle stop under this Act be over a road. “... erected on the outer boundary...” The key point in defining its location is the outer boundary.
Clearly, it will be over a road, but Section 344 does not accommodate an application to be made for a cattlestop to be erected on road reserve alone, and applications made under this Act can only be for a cattle stop on the boundary of private land.

To reiterate and hopefully clarify my questions; as Sect.344 of the Act is clear that applications for cattle stops and gates be permitted in writing, there can not be a ‘permitted’ cattle stop without the written permit (we both agree), and that applications to erect a cattle stop or gate over a road; we mean a ‘road’ as defined in the Act and WDC bylaws, and that the road is constructed through private lands (seems we both agree).

My unresolved question 2; Do applications made under this Act; dictate that the cattle stop or gate be on a boundary of the applicant’s land, and therefore not remote from the applicant’s land. Such as areas of road reserve where no part of a proposed erection of a cattle stop or gate has any physical connection to the applicant’s land?

Yours sincerely,

James Russell

Dear Lynley Scott,

Under the Act, in the context of applications such as this; is the word 'boundary' critical in dictating the position of the cattle stop?

Yours sincerely,

James Russell