COMPENSATION CLAIM.

Auckland Star, Volume LVII, Issue 136, 10 June 1926, Page 7

COMPENSATION CLAIM.

I I A CASE FROM LAST YEAR. JUDGEMENT FOR DEFENDANT. J A claim for compensation to the extent' of £2370, -which was commenced in May \ of last year, was concluded, yesterday with the reserved judgment of Mr. Justice Herdman and Mr. C. R. Vickerman. assessor for ths Crown, anil Mr. F. W. Walters, assessor for the claimant. The claim was brought by Wallace Napier Chamberlain (Mr. F. L. G. West i against the Minister of Ptiblic Work* irepresented by Mr. V. H. Meredith i fur compensation in respect of certain land, on the banks of the Ohinemuri River.' His Honor said: "The claimant submits that his property lias suffered injury ro the amount of £2:170 by reason of certain river improvement works carried out by the Government under legislative authority contained in the IWaihoH and Ohiiieiniiri Improvement fAot. 1910. "After re\ iainjr the evidence. ilie Court i< mjT unanimous about Mr. I Chamberlain"* right to recover compensation. Mr. Walters, the assessor ap-, I pointed by Mr. Chamberlain, agrees that. 'Mr. l hiimberlain'n land is not affected: in any way by any work done at the 'new meander." but he is of opinion that i-laiinant has been damaged by the opera-! I i ions at Moananui's Flat, and by wnrkj J done at the Kauoiti Stream. But the 1 other members of the Court aro of opinion that then , has been no obstruction of any watercourse or flood -channel. or any ancient or rightful course at Moananui'a Flat, or at the Kauoiti .Stream, that in any event no damasre ! worth speaking about has been done by operation* at the Kauoiti Stream, and 'that if there has been any technical intprference. with ;i water ■■nurse at the 'old ' meander' by the prection of a stop-bank iat its eastern pnd. claimant's property ! has suffered no damage therefrom. The I claim for compensation therefore fails. ! "In th.! circumstance* no order will be ; I made as to costs. The parties will pay ! j their respective assessors, the fee for j I carii assessor being fixed at tin; sum of: i £.-»2 in/.' .