PUBLIC TRUST OFFICE SITE

Dominion, Volume 13, Issue 275, 14 August 1920, Page 7

PUBLIC TRUST OFFICE SITE

CAN THE CROWN ACQUIRE LAND?

The question wlieuier the Minister of Public Works'has the right to acquire land under the provisions of the Public Works Act, 1908, for the purpose of erecting a Public Trust office, was argued before the Chief Justice (Sir Robert Stout) in. the Supreme Court yesterday. Tho land in question is situated in Ballance Street, Wellington, the area being 15"3-loth perches. Plaintiffs in the action wero Johnston and Co., Ltd., gcu eral merchants, of Wellington, who asked for an injunction to restrain the defendant from proceeding to take, or purporting to take, the land. Mr. C. P.. Skerrett, K.C., with whom Mr. A: Pair appeared as junior counsel, represented the plaintiffs. The Solicitor General (Mr. W. C. MacGregor) appeared for the defendant.

On behalf of the plaintiffs it was urg. Ed that the, construction of a Public 'Trust office was not a work "constructed, or intended to be constructed, by, of under the control of His Majesty; Hie Government, or any Minister of the Crown"; that the work was not a Government /work or a local work, and tliat the taking of the.land for the construe.lion of the office was not authorised by Section 11 of the Public Works Act. ISOB, or any other, statutory provision. It was also contended that the work was one that could only be constructed and undertaken by. the Public Trustee as a ..corporation, created under ,the Public Trust Office Act, 1908. •■• ■ • His Honour asked whether, the land was to be vested in. the Crown or tho Public trustee. • ;

Mr. Skerrett said it appeared to him that the action of the Crown in taking the land was a mere ruse to acquire the land eompulsorily. ■ His Honour said that the Public Trustee had no power as a public authority to take the land, and that, therefore, tho Crown was doing so for. the Public Trustee.

Mr MaoGrcgor contended that the site for the Public Trust Office ought to be acquired by the Crown and kept by theCrown. The point was whether the Publie frust Office was a Department ot H' vlr lf m thc x ln ? (1 Iver <? squired by the Public Trustee in his own.name, S£ ee i > W f,- n^ins l for tho G o™™iun Publ 'P lnisfeß wns the n*ent 0 r i'l . nnd sho,,w ''0 treat*! as liJ F n H'° X rustee bailie the property pf the Crown. Mr. KaoKri-w maintained that the application for an injunction was not well founded and MonTa be dismissed. Mr. Skerrett, in reply, pointed out that MI. MaeGregor had not referred the er°il fk Provision empow erm? the Minister to take the land as a Mto. for a'Public Trust office. Decision was reserved.