COUNTY'S RIGHTS TESTED

Press, Volume LXXII, Issue 21728, 10 March 1936, Page 5

COUNTY'S RIGHTS TESTED

ENDOWMENT AT LAKE FORSYTH . COLLEGE COUNCIL BRINGS ACTION The rights of the Wairewa County Council over a land endowment originally set aside for the drainage of Lake Forsyth were tested in the Supreme Court yesterday. The Canterbury University College Council, an,owner of property on the banks of the lake, brought an action against the county, contending that the county was obliged to spend endowment moneys on drainage works. The county in reply argued that the act of Parliament making provision for the endowment had been repealed and left the county frees to use the rents for general purposes. The case was heard bv Mr Justice Nbrtncroft, who reserved his decision. It was explained to his Honour by counsel for the county council that the permanent drainage of Lake Forsyth was still being considered, but there was no provision for funds for the erection of permanent drainage works. This action had been brought irt an attempt to clarify the position and make a starting point for new legislation. ', a . ~ Mr M. J. Gresson appeared for the college council, and Mr A. F. Wright for the county council. Mr Gresson explained that the college council owned land on the border of Lake Forsyth, subject frequently to flooding: The Lake Forsyth Drainage Act of 1894 set aside' 1019 acres as an endowment for letting out the lake. The endowment was given to the Akaroa County Council, and a title to the land was taken out in accordance with the'aqt. In 1896 another act, the Lake Forsyth Lands Vesting Act, was passed, setting aside another area of 196 acres. Then 'in 1907 the original statute of 1894 was repealed.

Title Remains

Though this act had been repealed, Mr Gresson said, the title to the land remained, the certificate of which he produced. In 1909 the Wairewa county was formed, embracing a part of the old Akaroa county. Automatically the two reserves then came into the Wairewa county. His Honour: The land might be within the boundary of the county, but the council might not necessarily have powers over it. Mr Gresson: The repeal of the act did not remove the title to the land, already taken out. Once the title was issued then automatically the trust was vested and could not be altered merely by a repeal of the act. v Mr Wright Would contend. Mr Gresson said, that- when the Wairewa County Council took over the lands all the trusts had gone, because of the repeal of the act, but the college council contended that if the county was to have the land it must take it clothed with its trysts. Mr Gresson read extracts from the affidavit of Mr C. C. Kemp, registrar of Canterbury College. Mr Kemp set out that 'he understood rentals from the original 1019 acres had amounted to £5450 up to March 31, d 935, and from the 196 acres £2067 up to the. same date. These moneys had, been Eaid into a separate account set up v the county council, known as the Lake Forsyth endowment account. He understood that about £3OOO had been spent in letting out the lake in times of flood.

Old Act Observed Mr Wright said he wanted to make it clear at the outset that notwithstanding this conflict the county had observed the provisions pf the 1894act. It had Kent the funds apart' and apnlied them to the letting out of the lake. The lake given trouble-for „

years and. evov now l imp\QrtantHP~«Hposals' were . under" consideration.- JV was .found that arfcfertain sum.:-of money was- lying to. thfe credit of>the, Wailrewa County Council, constituting; renfis from endowment lands at>ove. the expense of letting out the lake at flood times. It was hoped by this action to clarify the council's position; and rights over this; iiftoney and, make; a starting point for'ijew legislation* { The county council held,-Mr Wright, said, that, the Jrusts, carried land in\ question trievably "fell. was.repealed in, w. , .*r j j wi X * His Honour asked „how the county' came into possession Of the land, andMr Wright replied that it was probably taken over by agreement l with the Akaroa County Council. Unfortunately there was, no,,,record* .of this, Documents might haVe-tjeeri lost r itv the-fire which some-thpp,ago destroyed county records., */. <■,.',, t v '■ ~.-,?: ■ ■) "in mii mn j ml ■ «-., ;, , ,