UNPAID RATES.

Hawera Star, Volume XLVIII, 27 June 1924, Page 9

UNPAID RATES.

AN IMPORTANT CASE. AIAY GO TO PRIVY COUNCIL. vBY telegraph —press ASSJCIATJON.) TE KUITI, June 26. A case of exceptional importance was heard here before Mr W F Platts CW * V r t€l ' di * y ’ Wh ?" the Waitomo County Council sued the State Advances Department for rates as first mortgagee on a section of land in the 5l| V n£ X f n ' vey dist, ' if;t * Tlie decision uHI affect county councils all over New Zealand, and it is quite possible the case may go to the Privy Council. Coimse! for plaintiff said the facts admitted were: (1) The rating and the valuation rolls were in order* (9) the demands were duly forwarded to and received by plaintiff (but rt was not admitted that the demands complied with the Rating Act); the intention to impose a 10 per cent, penalty was advertised. The land was 0.R.P., and the State Advances Department was the first mortgagee. The defendant bad held that as the rent was not paid the occupier had forfeited the lease of the land, and therefore the Department s liability ended. The Land Board said the lease had not been forfeited, and a Crown "Lands official in evidence corroborated this. Additional, grounds of defence were that the demands did not comply with the Rating Act, and the superintendent was not liable under section 65. Counsel for the defence said it seemed that the forfeiture defence must fail in the face of the evidence of the Crown lands officer. Counsel for the plaintiff said the State Advances Department was the largest mortgagee in New Zealand, and paid £3OOO in rates in the Waitomo County last year. The point at issue had not previously been' raised in the Dominion. At the suggestion of the magistrate, the case was moved to the Supreme Court.