Horowhenua District Council is to proceed with the removal of the overhead tram line cables at Foxton.
Horowhenua District Council is to proceed with the removal of the overhead tram line cables at Foxton.
Horowhenua District Council (HDC) will begin to dismantle the train and trolley bus lines in Foxton after an earlier order was reinforced in Levin District Court last week.
Sections of the bus line and poles had been deemed a public health hazard. For the last five years, HDC had soughtto have the entire network dismantled in the interest of public safety.
HDC had initially applied for orders from the District Court requiring the owners of the trolley bus lines to remove the system after a notice served under the Government Roading Powers Act 1989 was ignored.
Judge Christopher Tuohy had ordered that the entire trolley bus loop be removed by its owners within two months at an earlier hearing at Levin District Court in June, 2022.
When the matter was revisited again on Friday, Judge Tuohy said no court order was required for HDC to start dismantling the trolley bus network.
HDC could seek reimbursement for costs incurred up until the date of the second hearing, and it would be entitled to pursue recovery of that cost as a debt, he said.
The network was the responsibility of Wellington man Malcolm Little, who up until now had managed to stall the dismantling work, and had sought legal advice.
Little said he still wanted to see trolley buses return to Foxton and continue a venture that was started by his late parents, Ian and Christina Little, in the late 1980s. He was now considering taking the matter to the High Court.
Little Sr established the Foxton Tram and Trolley Bus Museum. He got a fleet of eight old buses going and created a circuit around the Wharf Street square in 1989, with help from local authorities. Trolley buses were a familiar sight in Foxton for many years.
An old trolley bus using the lines in Foxton.
Ian Little died in July 2008 aged 76. Christina Little died in 2012, aged 65. The last time a trolley bus travelled its route in Foxton was in July 2016.
The issue first came to light with the construction and reconfiguration of the new carriageway on Main Street in 2018 at the corner of Wharf and Harbour Streets as part of the development of Te Awahou Cultural Park in Foxton.
HDC said it was proceeding with the removal as quickly as possible, citing the hazard the system presents to the public. It had asked electricity lines company Electra to provide an estimate and timeframe for the removal, which it expected to receive early next week.
Section 319 of the Local Government Act 1974 provides that the council has the power to construct, repair and upgrade all roads, which included provision forthe removal of anything that posed a danger to people.
Under the Local Government Act 2002, it could undertake work that an owner or occupier of premises failed to do, despite being directed to do so.
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