BLACKWATER MINE’S TIMBER

Greymouth Evening Star, 17 August 1935, Page 5

BLACKWATER MINE’S TIMBER

FORESTRY DEPARTMENT’S CLAIM

[OUR OWN CORRESPONDENT, j

REEFTON, August 16

A special sitting of the Warden’s Court was held on Thursday‘afternoon and evening, before Mr. 11. Morgan, to hear a claim by the Forestry Department for the sum of <£'2.225/18/2 for timber rents and royalties for mining timber, cut bv the Blackwater Mines Ltd.

Mr. A. A. Wilson represented the plaintiffs and Messrs. H. F. O’Leary. K.C.. and L. E. Morgan, the defendants.

Counsel for plaintiff stated that the claim was for rent and royalty on timber cut from areas held under two sawmill licenses and from adjacent land. Under a recent Full Court decision it was held that miners had the right to cut timber on Crown land for mining purposes without a license. In this case the Company had not included in its returns a record of timber cut for its mining purposes. It was claimed that royalty as fixed by the sawmill licenses was payable on timber cut on those areas even though used for mining. It was also submitted that on the timber cut on adjacent land royalty was payable at schedule rates as it was not cut by the wagesmen of the defendant company but by a contractor. It was estimated that 60 per cent, was from land adjacent to the sawmill areas. The Company was liable to be charged double rates on this, but double rates were trot claimed as it was considered not to have been wilful.

Evidence in support was given by F. AV. Foster, Conservator of Forests, Nelson. R. B. Collett. Forest Ranger. Hokitika, J. AV. Scott, Audit InspectorWellington, J. McEnaney, Forest Ranger. Westport. E. Loughnan and J. Dwyer, bushmen, AVaiuta. For the defence, counsel submitted the Company was entitled to free timber; and that Loughnan was an employee of the Company and not an independent contractor. Mr. AV. Gore-Porter, secretary of the Company, and Mr. T. R. Hogg, njanager of the Blackwater Mines, gave evidence on behalf of the Company.

After a lengthy hearing, the Warden reserved his decision.