CITY VALUATIONS

Evening Star, Issue 23499, 13 February 1940, Page 3

CITY VALUATIONS

MAYOR DEFINES POSITION VALUER AN INDEPENDENT OFFICER NOT INFLUENCED BY COUNCIL The legal position of the city valuer, who was appointed under Statute law and who was in no way governed or influenced by the City Council, although that body paid his salary, was outlined by the mayor (Mr A. H. Allen) at last night’s meeting of councillors, when the subject of recent protest resolutions by ratepayers against the new city property valuations came under discussion. . ~ ~ “ From time to time,” the Mayor said, “ statements are made that the council in some way can and does control and influence the making ot city rateable valuations. The statement is quite contrary to the truth. Every successive council has been the subject of the same charge, and, despite authorised statements made in council and explanations given per medium of the Press, attempts are still made to implicate in some way the council as at least an influence in causing rateable values to rise_. “ Once again, therefore, it is necessary to explain just how impossible and illegal it would be for the council, either collectively or individually, or, indeed, any officer of the council, tp interfere in any way with the making of valuations. The city valuer is [ a statutory officer, appointed pursuant to the provisions of the Rating Act, 1925. His duties are specifically laid down by that Act, as is also the method upon which he is to make his rating assessments. The city valuer is placed by the law in much the same position as the Auditor-General, in that he is removed, and rightly so, beyond the control of the governing body, in relation to the performance of his functions. OFFENCE AGAINST THE LAW. “ Section 4 (6) of the Rating Act,” Mr Allen continued, “emphasises that aspect by making it an offence for anyone to interfere with the valuer. The section reads as follows: —‘ Every person is liable to a fine not exceeding £lO who obstructs a valuer in the performance of his duty herein . . .’ “In order more' effectively to remove any possibility of the local body having any possible influence on valuations, the Act referred to, in making full provision for the making of objections to the valuer’s assessments, constitutes, not the local body, but an independent judicial tribunal, known as the Assessment Court, to hear and determine all objections to valuations. 'The magistrate is the judge of court, and the Act specifically provides: ‘ That the court shall hear and determine all objections, and may alter the valuation list and in respect of anything objected to . . .’ Hence it will be seen that the valuer is made fully accountable for his valuations, and that he must bo prepared to prove his assessments not, as already stated, to the council, but to ,a judicial tribunal. Precisely the same considerations apply to valuations made by the Government valuers. In that case, also, the valuers are not answerable to the Government for their assessments, but are required to submit to the determination of an assessment _ court. The principles are the. same in both cases—that there should be no interference by the governing authorities, and that the appeal by the property owner is to be an independent judicial tribunal.

GOVERNMENT REVALUATION. " Recently a complete revaluation of the city was made by the Government Valuation Department,” the Mayor said. “It is perhaps opportune to point out that as a result of such revalpation it is understood that the capital value of the city will he advanced from £18,450,302 approximately to £22,183,605, or by the very substantial increase of £3,733,303. This increase affects every individual ratepayer in the city because the Hospital Board levy is based on Government values —not on city assessments. “It need only be added that the council is concerned, and particularly so, in the prospect of any increase in local rates or charges. Any substantia! advance in basic rating values, whether local or not, naturally causes as much concern to the council as to ratepayers, and the council feels strongly that the ratepayers as a whole should recognise that fact. The council has never, however, had the power to regulate or control valuations, nor has it ever attempted to do so. The council does, however, control the basic rate, and there is no doubt that aspect will receive the fullest consideration at

the proper time, that is when the estimates are being prepared next mouth.

“ In conclusion,” Mr Allen said, “ I would again emphasise that although the city valuer is an employee of the Dunedin City Corporation, he holds statutory authority and must use his own judgment and knowledge without reference to the mayor or city councillors. Indeed, it would be an offence against the law for the mayor or any councillor to attempt to influence the city valuer in his work and judgment. I must say definitely that the City Council has given the valuer no direction whatever in connection with his valuation of city properties.”

SINS OF COMMISSION IS CITIZENS' ASSOCIATION KSPONSIBIE? ADVERTISEMENTS IN THE PRESS The receipt by the City Council of several protest resolutions, auent the increased valuations, passed by various ratepayers’ associations in the city, was the subject for discussion by the council when the sins of omission and commission of the Citizens’ Association came under fire, it being contended that the erroneous belief held by ratepayers that the increased valuations were the work of the council followed on. advertisements inserted in the Press by the Citizens’ Association at the time of the last election. The discussion arose when the Mayor moved that the letters containing the following resolutions be received:— The first was from Mr H. H. S. White, relative to a meeting of ratepayers held on February 10, and read:—“That this meeting of ratepayers of the city enter an emphatic protest against the increased rateable values of properties for 1940-41.” The second letter was from the hon. secretary of the Dalmore and Liberton Ratepayers and Householders’ Association, protesting against the recent heavy increase in rating values, and forwarding copy of a letter sent to the .city valuer.

The third, protest was from the Mornington Ratepayers and Householders’ Association, the resolution forwarded being couched in the following terms:— “ That this meeting protests against the rateable values as struck for the district, and if these values are sustained we ask that the council should take them into consideration in striking the rate.” Cr M'Millan said citizens had the idea that the council had control of the city valuer. Councillors knew that gentleman was independent of the council. However, some responsibility for thw idea getting abroad must rest with the Citizens’ Association, which, during the last municipal election, inserted advertisements in the Press, one of which he produced, which stated that if th*> Labour Party were returned to office the city values would be bumped up. It was surprising that the body of men supported by that association did not take the opportunity to correct the statements made by the Citizens’ Association, which were grossly exaggerated or misstatements of facts.

Cr Gibson objected to the remarks of Cr M'Millan that the council was responsible for what the Citizens’ Association had done.

The mayor then made the statement published above. ■ ■

Cr Taverner, concurring in Mr Allen’s presentation of the position, remarked that to those who may be perturbed about the rates to be struck he could only give them the time-honoured remark, 11 Wait and see.” It was not possible to give any indication of what the amount would be.

• Two years ago the rates were increased, the reason being the council desired to employ a larger number of men. The people cheerfully shouldered that burden, which enabled the council to continue the men in employment. Last year, continued O Taverner, the council was able to reduce the rates by Id. “I trust, although I cannot give any forecast and am not entitled to, that it will be possible to ease the burden of rates.” The speaker outlined the various calls which were made upon the city finances by the various departments. He knew the chairmen of the various spending committees would not ask for other than reasonable allocations. Citizens could rest assured that their interests were being watched. “I never remember in all my‘experience such a hubbub over city valuations,” stated Cr Munro. “ I don’t think it would have arisen had it not been for the advertisements referred to by Cr M‘Millan, and it is regrettable some action was not taken to correct them.” Cr Connolly: I cannot agree with Cr Gibson that the Citizens’ Association is a separate body from its candidates. The Mayor: The Citizens’ Association is not under discussion, Cr Connolly, and I must rule that it be not referred to. It is a purely extraneous matter.

Cr Connolly: The chairman and the secretary of the association are members of that association

The speaker was again called to order by the mayor just as Cr Gibson spoke. Cr Connolly: Cr Gibson says they are not. Did the association go out of existence immediately after the election ? Seconding the motion that the letters be received, Cr Cameron said the meetings of citizens were welcomed 1 by the council. Such discussions were helpful, and he noticed at one meeting that the chairman ruled that no political flavour would be allowed in the discussion. So far as he could see, it seemed to be the same old story. “If the city valuer reduces the valuation he is a fine chap,” Cr Cameron concluded. “ but_ if he raises them all sorts of hard things are said.” The motion was then carried.