UNOCCUPIED PREMISES.

Auckland Star, Volume LXI, Issue 202, 27 August 1930, Page 10

UNOCCUPIED PREMISES.

REBATE OF RATES.

APPEAL AGAINST DECISION.

; PROPERTY OWNERS' ACTION.

Consideration of the Auckland City Council's attitude towards giving rebates of rates on unoccupied premises was given at a representative meeting-of city property owners yesterday. Under Section 09 of the Rating Act it has been customary for many years for the council and other local bodies to allow to persons applying under the Act a rebate of half rates on .separately-rated premises which have'been vacant - duiing the rating year for a period of six months. • ■ - ' _

Some months ago the Auckland City Council had cause' to sue a- ratepayer for recoyery. of rates, a,nd in the course of his decision Mr. Justice Blair expressed .tlie 'following opinion:—"That a lock-up shop, even a small one, should not be considered as a /dwelling or other building' within the, provisions-of Section 69 of the Rating Act; and so would not be entitled to a .rebate of rates under that section.", 1 His Honor's view was that only dwellings or buildings which, although including, for example, shops, are mainly dwellings, are within the words of the section. In that case neither offices nor any other class of business or commercial buildings would be entitled to the rebate. The Auckland City Council and other local bodies are acting upon this opinion and are allowing rebate of rates on dwellings only. It was decided to endeavour to have the matter rectified by taking a case direct to the Court of Appeal, and, if unsuccessful in this, to endeavour to have the Act amended. It is contended that the intention was to give the benefit of the rebate to all owners of rented property. This has been the interpretation placed on the section for a number of years by the local bodies. A committee, consisting of Messrs. H. E. Vaile, Arthur Cleave, J. M. Stokes, and J. M. Elliffe, representing the property owners, together with Messrs. T. Mclndoe, S. E. Bennett, W. J. A. Thomson, representing the Real Estate Institute, was set up to take charge of the proceedings on behalf of the ratepayers. It was also resolved to ask the Chamber of Commerce to give its support to the movement.