ONEKAKA IRON

Greymouth Evening Star, 16 July 1943, Page 2

ONEKAKA IRON

COURT OF APPEAL HEARING

WELLINGTON. July 15.

The Court of Appeal to-day commenced hearing an appeal between the Inspector of Mines at Reefton, appellant, and the Onekaka Iron and Steel Company, Ltd. (in liquidation), the Golden Bay Proprietary Company, Ltd., and Pacific Steel, Ltd., respondents. The appeal is from a judgment of the Chief Justice (the Kt. Hon. Sir Michael Myers), dismissing an appeal from the Warden’s Court brought pursuant to the Iren and Steel Industry Act, 1937. The Act was passed to nationalise the iron and steel industry in New Zealand, and declared all mining privileges held by the Onekaka Company to be revoked. The Act further provided, for the purpose of determining whether compensation should be allowed, that an inquiry should be made by the Warden’s Court as _ to whether, under the legislation existing before the Act was passed, the company’s privileges, or any of them, were in any event liable to forfeiture, and would in fact have been forfeited but for the Act. The grounds on which it was contended that the Crown was entitled to forfeiture were that the lands and licences of the company had not been used for the proper purpose and neglected for nearly three years; that labour Conditions had not been complied with; and that thO’ privileges hud been abandoned. The Warden’s Court, after a long hearing, determined that the privileges were liable to forfeiture; but would not, in fact, have been forfeited if before the Act was passed proceedings had been taken by the appropriate officer under the Mining Act, 1926. An appeal by the Crown against the decision was heard by the Chief Justice and dismissed, and the present appeal is from the latter dei vision.

The question for determination by the Court is whether the privileges were liable to forfeiture, and in effect the decision of the Court will, determine whether the respondents have the right io have their claims determined by a compensation court. On the Bench are Mr Justice Blair. Mr Justice Kennedy, and Mr Justice Callan.