Sale Of Boarding House At Tutukaka

Northern Advocate, 13 October 1949, Page 6

Sale Of Boarding House At Tutukaka

How the apparent receding of a high-water mark at Tutukaka led to the building of a boardinghouse on a foreshore reserve belonging to the Crown was explained to the Land Valuation Court in Whangarei this morning. Being sold was a boardinghouse and property, owned by L. E. Caldwell (Mr D. K. Ross) to H. A. Tobin. The property had been sold to Mr Caldwell by Mr R. S. Mackenzie, who was represented by Mr D. J. Thomson. Mr Thomson explained that the nucleus of the boardinghouse had beep built in 1875 by Mrs Mackenzie’s father. Mr Caldwell purchased the property for in 1948. , After a 1 survey it was found that part of the boardinghouse had been built on the foreshore reserve. The reserve had increased in width owing to the apparent receding of the tide, said the Crown representative (Mr M. Shanahan). Mr Thomson said Mr Caldwell had brought a Supreme Court action against Mr Mackenzie for innocent misrepresentation. AGREEMENT WITH CROWN

However, the Crown had agreed to release part of its foreshore reserve on which part of the building stood if Mr Mackenzie exchanged some of his land as compensation.

This agreement had been accepted, although some seaside cottages were standing on the land to be exchanged with the Crown.

“The boardinghouse is now assured of a title,” commented the chairman (Mr E. H. Burton). “The cabins will have to be moved off the land to be given to the Crown in exchange for the piece of foreshore.”

The property was valued for the Crown at £5296 and for the vendor at £5319. The price asked was £5891. Eoth valuers later agreed to a figure of £SBOO, made up of £5309 for the land and buildings, and £491 for the chattels. Consent to the sale was granted at £SBOO, subject to the condition that the vendor remove all buildings on to the land sold or to which title could be given.