NOT RATEABLE

Dominion, Volume 34, Issue 9, 5 October 1940, Page 13

NOT RATEABLE

City Council Land In Petone

The Court of Appeal, comprising the Chief Justice (Sir Michael Myers), Mr. Justice Blair, Mr. Justice Kennedy, and Mr. Justice Northcroft, gave reserved judgment yesterday on the originating summons in which the Borough of Petone asked the Court to determine whether certain land in Petone acquired by the Wellington City Corporation for water supply purposes and containing an artesian bore not connected with the city water supply, was rateable property within the meaning of Section 2 of the Rating Act, 1925. “The land is rateable unless it comes within the exception in paragraph (k) of the exceptions to the definition of ‘rateable property,’ in Section 2 of the Rating Act,” said the Chief Justice in delivering judgment. “The exception in paragraph (k) is expressed thus: ‘Waterworks belonging to or under the control of any borough council; and wharves, river protection, and harbour works under the control and management of any harbour board.’

“The land in question, though acquired by the Wellington City Corporation for the purpose of waterworks, and though an artesian boro with an outlet protruding 18 inches above the surface has been sunk upon it, is not being used, and cannot prior to April 1, 194(1, be used except with tlie consent of the Petone Borough Council mid certain other local authorities, for the purpose of taking water from the land for the supply of the City of Wellington. “In our opinion the land iu question comes within the exemption and is nor rateable property within the meaning of Section 2of the Rating Act, 1925. The question asked by the originating summons is answered accordingly.” At tlie hearing Mr. R. E. Harding appeared for file Borough of Petone, mid Mr. J. O’Shea. City Solicitor, for the Wellington City Corporation. Ten guineas costs were allowed the Wellington City Corporation.