UNLIMITED POWER TO LAND SALES COMMITTEES

Greymouth Evening Star, 15 October 1947, Page 2

UNLIMITED POWER TO LAND SALES COMMITTEES

(P.A.) WELLINGTON, This Day.

That the Land Sales Committee was not bound by the decisions of the Magistrate’s Court or by any other body was a submission made on behalf of the Crown, and agreed to by the committee, at a sitting yesterday.

The Crown’s submissions were made during consideration of the valuation of a house and land in The Terrace, Wellington. The unusual circumstances regarding the case were that in 1946 the property was valued for death duty. purposes at £2375, being £1995 for the unimproved value of the land and £3BO for the 60-year-old house on it. Executors Appeal

The Guardian Trust, being the executors for an estate, took the case on appeal to Mr A. A. McLachlan, S.M., to have the valuation increased. Although an increase meant the payment of higher death duties, the executors felt —it was stated by their solicitor—that the lower valuation might prejudice their obtaining a higher sum on the subsequent sale of the property. After hearing evidence and after viewing the property, the Magistrate had fixed the valuation for deathduty purposes at £2280. Counsel for the executors asked yesterday that the Land Sales Committee adhere'to that valuation. The Crown opposed it and submitted that lower valuation should be fixed by the committee.

For the Crown, it was stated that it was the duty of the committee to obtain a valuation as in 1942. The committee, it stated, owed no duty to the Magistrate’s decision. In Agreement

Counsel for the executors agreed that the committee was in no way bound by the Magistrate’s decision, but considered that weight should be given to a magisterial decision and it should not be disturbed without serious consideration.

The hearing of the case was adjourned until next week.