Fresh Process Necessary to Evict Squatters

Evening Star, Issue 26117, 3 June 1947, Page 4

Fresh Process Necessary to Evict Squatters

An interesting development occurred in Dunedin’s first squatting case today, when the attorneys for the owner of a five-roomed dwelling at 35 Falkland street, Maori Hill, sought leave from the Magistrate’s Court to issue the warrant for the eviction of the squatters. It was discovered that because the attorneys, Messrs Smith, Lousley and Smith, had granted an extension of one, week to the squatters before putting into effect the order for possession granted by Mr H. W. Bundle, . S.M. on May 13 the order has now become invalid, and new proceedings will have to be taken before the family can be evicted. Tie family of nine occupied the house on April 28, and the attorneys for the absentee owner brought a claim for possession against the squatters under Section 183 of the Magistrate’s Court. Act. The hearing took place on May 13, and an order for possession under the relevant section was made by Mr Bundle, possession to be given on or before May 20. When that date approached, and the squatters had not found alternative accommodation, the attorneys decided to grant a week’s extension of time ; and the warrant for eviction was not issued by the court. After the expiry of the extended time, the attorneys applied to the court to issue the warrant, and the matter lay in the hands of the court until today, when submissions were heard from the solicitors of both parties by Mr Bundle in chambers. It was afterwards learned.that permission had been given to institute fresh proceedings, to include the issuing of a warrant, in the Magistrate’s Court. The relevant clause in the Act says that on proof of the;facts of the case (dealing with occupation writhout right, title, or license) being made, the court may issue a warrant to the bailiff . . . ‘‘on or before the day named in the warrant to enter, by force if needful, into the premises, and give possession of the same to the, aforesaid owner.”