PUBLIC WORKS ACT, 1876

New Zealand Herald, Volume XIX, Issue 6296, 21 January 1882, Page 6

PUBLIC WORKS ACT, 1876

•COMPENSATION COURT. : XBefor* MrL Jastic® Gillies, and Messrs. A, Backland : aad. Henanmt Brown,- Assessors*] The Court was resumed this morning, when the claim of Mr. Triphook, for the mill, part .heard yesterday, was continued. Th» Court reserved its decision. Hkmi Tautari v. The Minister oj Public Works : Ci aim, £400. Mr. Tyler for the plaintiff, Mr. A. E. W hi taker for the Department. The claimant is the owner of two blocks of land, T« Kapa, containing five acres, which le valued at £100 an acre, the depreciation "being £200 ; also an adjoining block, named Waiotapu, of six acres, the depreciation l>eing estimated at £200. This depreciation was caused by the deprivation of a frontage to a road, through the high ground being taken away, and an outlet from the land neing also 'taken away. Tha Government had offered £100. Mr. Triphook, an engineer and surveyor, described tho land. He considered the frontage to the road taken away was worth 5s a foot, and there were 290 feet. He considered that the land was of exceptional value in the district. The natives were always unwilling to sell such land. It was sear to a market; it was the source of supply for produce to the surrounding district. Mr. Salmon, a merchant at Russell, de"posed that the l:i.nd upon, one block might bs worth £40 or £50 an acre. The depreciation might be about £75. As to the Waiotapu block, iti was greatly depreciated, supposing the road frontage to be taken away or the access very much narrowed. He ■was negotiating a loan for tho claimant, but seeing the circumstances of the property by tha railway comictj there, he withdrew from all negotiation. Taking the land all round as good land, it would be worth the ordinary price—from £30 to £40. Mr. T. P. Moody deposed that he bought land near the Kawakawa township (3.V acres) for £36. He had bought 54 acres of the very best land in the whole district for the Bay of Islands Coal Company, and paid for it £611, being at the rate of £11 6s an acre. R. C. Carr, auctioneer, deposed that the outsid* value was £10 an acre ; the average value about I'S ; and, suppoiing the frontage take naway, between £4 and £5. Mr. VV. S. Cochrane gave similar evidence. Mr. Whitaker said the position of this case was peculiar. In fact, the Te Kapa boundary did not come up to the railway at all. The piece of land taken would really gi« Hemi Tautari a frontage which he never had before. XBYKSS AND TRIPHOOK V. TUB MISISTBR OF PUBLIC WORKS. Mr. James Russell for the claimants ; Mr. A. E. Whitaker for the Government. The claim in this case wa3 for land known as Manurewa North and South. The amount of the claim was £664. Mr. Whitaker said the land had not yet passed the Court. Mr. Russell said some of it had passed through the Court. There appeared to be some difficulty as to the boundaries as set out on the survey map, and the t oundaries of the land actually taken by proclamation. The Court adjourned for an hour. Upon the Court resuming the claim was dismissed for want of identification of boundaries. RI'BERT JOHN TRIPHOOK V. MINISTER Or PUBLIC WORKS. Mr. James Russell for the claimant ; Mr. A. E. Whitaker for tha Government. In this case the claim was £70 for land taken, being a part of the Awahe blook. Mr. Whitaker said the land had not passed through the Native Lands Court. Mr. J Ruasell sai.l that was true as to a portion of the land. Iu the present case the land had been grouted to several native?, and the claimant had purchased his share from one of ihe grantees. His Honor : But the land has not been subdivided. Mr. T. D. Triphook said the claimant was his son. He was able to state for a fact that the land had been purchased from the native owner, and money was paid on it. His Honor said it was plain that until the land siiould be subdivided it could nst be the subject of a claim. Tiie deed was handed in. His Honor said the deed did not mend the claim which wa3 therefore dismissed. The Court adjourned to this (Saturday) morning at 10 o'clock. .