Raglan Golf Club ‘reprieve'

Press, 18 July 1980, Page 4

Raglan Golf Club ‘reprieve'

PA Hamilton The Raglan Golf Club can keep its controversial course until the year 2035, a judgment by the High Court at Hamilton has ruled. In a 41-page decision, Mr Justice Bisson, validated the club’s lease from the Raglan County Council after ruling it was otherwise invalid because of an unsatisfied land registration requirement. The 33-year lease is due to expire in 2003, but the club has automatic right of renewal. The club had taken legal action to safeguard its tenancy in view of the intention of the Minister of Lands (Mr V. S. Young) to vest the land back with dg-

scendahts of its original Maori owners. - ■

His Honour said invalidity of the lease was a result completely disproportionate to the “quite innocuous" nature of a breach. .Of the Land Settlement Promotion and Land Acquisition Act. He believed there was a “cjassic case” for remedy under the Illegal Contracts Act. ' ■ ■

“I do not think that the technicality which has arisen to dispute the validity of the lease should be used as an opportunity to rewrite his? tory by treating a lease which has been in effect for 11 years as of no effect, enabling the land now to be vested in the Maori owners free of any lease, and thereby dispossessing the golf club,” his Honour said, With hindsight', it was unfortunate that the Crown, when it had opportunity. to do so after World War 11, had not taken steps to return confiscated land it no longer required for ;defence purposes, ’-?//? ?./ '

“Instead, it made the land available for a golf course by creating. a reserve for aerodrome purposes over 63 acres . riot actually required fpr that purpose, not likely to be required,” His Honour said. . .. However, it had to be appreciated that the Crown acted after a public meeting had unanimously supported a .golf course proposal, and that there was ho Maori protest in the two years before the lease was executed, he said.