TELEGRAMS.
CPBES3 ASSOCIATION/} LEASES IN PERPETUITY. / _____ AN IMPORTANT TEST CASE. NEW PLYMOUTH, 26th March. A case of considerable interest to holders of leases in perpetuity was the subject of an originating summons which came before his Honour Mr. Justice Chapman. It appears that a lease in perpetuity was granted to Mr. Bennie under section 121 of the Land Act, 1892, which reserved the surface, as also minerals, to the Crown. Mr. Bennie applied, under a recent amendment Act • oi: 1907 as an "owner of a lease in perpetuity," for a Crown grant of the land. The. Crown being of opinion that such grant could not be made by reason of the reservation of the surface and of minerals, a summons, by consent, was set down under the Declaratory Judgments Acts of last session for the purpose of obtaining the decision of the Supreme Court as to the rights of the parties. It is understood that a great number of leases have been issued of surface in the Ohura district, and these proceedings are in the nature of a test case. Mr. T. S. Weston appeared for the Crown, and Mr. J. M'Veagh, Eltham, for Mr. Bennie. His 'Honour, after hearing argument of counsel, reserved judgment.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19090327.2.85
Bibliographic details
Evening Post, Volume LXXVII, Issue 73, 27 March 1909, Page 9
Word Count
205TELEGRAMS. Evening Post, Volume LXXVII, Issue 73, 27 March 1909, Page 9
Using This Item
Stuff Ltd is the copyright owner for the Evening Post. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in