ONEKAKA IRON

Grey River Argus, 16 July 1943, Page 3

ONEKAKA IRON

APPEAL BY CROWN.

AGAINST CHIEF JUSTICE’S DECISION.

P.A. WELLINGTON, July 15. The Court of Appeal to-day commenced ’the hearing of an appeal case as between the Inspector of Mines, at Keefton, appellant, and the Onekaka Iron and Steel Company Ltd. (in liquidation), Golden Bay Proprietory Co Ltd., and Pacific Steel Ltd, respondents. The appeal is from a judgment of Chief Justice, Sir Michael Myers dismissing an appeal from the Warden’s Court, brought pursuant to Iron 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 enquiry 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 licenses of the Company had been unused for the proper purpose, and been neglected for nearly three years; that the labour conditions had hot been complied with; and that the privileges had been abandoned. The Wardn’s Court, after a lengthy hearing determined that the privileges were liable to forfeiture, but that they would not, in fact, have been forfeited if, before the Act were passed, proceedings had been taken by the appropriate officer under the Mining Act 126. The appeal by the Crown against the decision was heard b'yl Chief Justice Sir Michael Myers, and was dismissed and the present appeal is from the latter decision. The question for the determination of the Court is whether the privileges were liable to forfeiture, and would have been forfeited, and, in effect, the decision of the Court will determine whether the respondents have the right to have their claims determined by a Compensation Court. On the bench are Justices BTair, Kennedy and Callan.