High Hedges Bill — Established hedges — 27 Apr 2001
Not amended in the Standing Committee, considered.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
Mr. Speaker:
With this it will be convenient to discuss the following amendments: No. 3, in clause 2, page 2, line 7, leave out from "means" to first "a" in line 9 and insert--
The Bill refers to two trees planted, to take the extreme, 35 inches apart as amounting to a hedge. That is ludicrous. It does not accord with common parlance and it certainly does not accord with the horticultural dictionary prepared by that most respectable body, the RHS.
An example is given of an appeal case in 1904, in which two boroughs in New Zealand six miles apart at their closest were held to be adjacent for the purposes of statutory contributions to the cost of building a bridge. I will not read out all the other references in the dictionary in relation to "adjacent", but the House will be interested in the use of the phrase "adjacent to the common boundary", which was included in a restrictive covenant. That was the subject of litigation in 1968, and the result was a finding that the expression was too vague to be enforceable.
Question put, That the clause be read a Second time:--
The House divided: Ayes 1, Noes 35.
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