"NOT THE LAST WORD."

Auckland Star, Volume LVIII, Issue 211, 7 September 1927, Page 9

"NOT THE LAST WORD."

TOWN PLANNING ACT.

EXPLANATION BY MINISTER.

GENERAL POWERS CONFERRED.

WELLINGTON, Tuesday,

The Town Planning Act does not alter the essential functions of a borough council, but merely ensures that those functions shall be exercised in accordance with a scheme and not haphazardly,,, said Sir Hani Pomare, Act-ing-Minister of Internal Affairs, in a statement issued to-day in reply to recent criticism of town planning legislation. The Minister pointed out if the general authority conferred by the Municipal Corporations Act, with any special powers given to all borough councils by the Town Planning Act, were not sufficient for any particular scheme, ft would then become the duty of the city council or borough council primarily concerned to promote a local empowering MIL "It might, for instance," he said, "be necessary to confer sufficiently wide powers to enable, say the Auckland City Council, to carry out all works appropriate to a town planning scheme for what is really a metropolitan area, but to confer equally extensive powers on a small inland borough would not only be quite unnecessary, but in all probability mischievous as well. The obvious course to adopt is to leave to special legislation the business of conferring special and exceptional powers."

Compensation Provision. Sir Maui said he was advised by the Law Office that every person having any estate or interest in any land taken or injuriously affected by a town planning scheme had a right to compensation, assessed in the manner provided by the Public Works Act. It seems to be forgotten, however, that though a town planning scheme (which is in some aspects a prophecy of future development) provides: that in the process of development certain private lands may be required for public purposes, there is no immediate taking, and no immediate obligation to take. Claims for compensation only arise as the work of development proceeds, just as. at the preesnt time they arise from time to time as each new work is begun.."As against the present and prospective liability of a council to pay compensation, the Act has made provision for the recovery of betterment. Speaking generally, betterment will not operate to reduce any particular claim for compensation, but, by providing a fund, operates as a reduction in the gross compensation debt." The Minister further intimated that it had never been churned that the Act represented the last word in town planning, it did make sufficient provision to enable a town planning scheme to be prepared.