DRAINAGE RATES.

Press, Volume LXI, Issue 18463, 18 August 1925, Page 11

DRAINAGE RATES.

METHOD OF COLLECTION. CAPITAL OR UNIMPROVED VALUES ? Hitherto it has been the practice of the City Council to collect the drainage and river rates (levied by the Drainage Board and tho Waimakariri R'.ver Trust on capital values) according to the system in "operation for the collection of tho general city rate, namely, upon unimproved valuations. Tho point was raised that tho Council, being merely a collecting agency for the Drainage Board and Trust, was bound to collect the drainage rates in the manner as first levied, and the Council decided to obtain a declaratory " judgment" from the : Supreme Court. It was reported to the Council last night that the City .Solicitor advised that it would not be possiblo to obtain a declaratory judgment during the present month, and as it was essential that tho Town Clerk be instructed to notify publicly that it was the Council's intention, under protest, to make the rates for the current year on September 14tli next, giving fourteen clear days' notice of such intention, •tho Committee Recommended that tho Christchurch Drainage Board's rates and the Waimakariri I'iver Trust rates bo niado and levied on capital values :.as fixed by tho two local authorities named. ■ , ■ To a motion for the adoption of the .report, Cr. E. Jl. Cooke moved an amendment that the rates should be levied on the unimproved values. The City, he said, had adopted that system of rating and tho Drainage Board had no right to • insist that their rates should be collected by the Council on the capital values. The amendment was seconded by C'r. E. McCombs. Cr. A. McKellar said there was a conflict of legal opinion l as to whether the Council had power to levy those special rates- on unimproved values. The Council was merely a collecting authority for the Drainage Board. Cr. W. J. Sim said the Drainage Board "could apply to the Supreme Court to restrain tho Council from levying those rates on the unimproved values. The proper plan would bo to levy the rates as proposed, test, pending the declaratory judgment. Cr. C. Carr said the Council was justified in goinc to any length to ■sustain its protest. Tlie amendment was lost by 4 to 7, the minority being Crs. Cooke, Butterfield, Carr, and M»-Combs. •The report was adopted.