COMPENSATION COURT. — PUB. LIC WORKS ACT, 1876.

New Zealand Herald, Volume XIX, Issue 6297, 23 January 1882, Page 3

COMPENSATION COURT. — PUB. LIC WORKS ACT, 1876.

[Before Mr Justice Gillies, President; Messrs. Alfred ] JJucsland and Hermann Brown, Assessors. | ! IIOHBTA TE WIIATONGA V. THE MINISTER OF PUBLIC WORKS. i Mr. E. K. Tyler for the plaintiff, Mr. A. j E. \\ hitakcr for the Government. I The petitioner in this case claimed £230 for 3 acres 10 perches of the Ngatirahi Block, alleged to be taken for the purposes of the Kawakawa Railway. The evidence in favour of the claim was that the land was worth £50 to £70 an acre, but upon an examination of the plans and the land required by the Government, the area was reduced to 3 roods some perches. The Government had offered £61 17s 6d upon the representation that the larger area would he required. Mr. R. C. Carr and Mr. W. S. Cochrane deposed that the value of the land was £10 an acre. The Court retired to consider their judgment in the several cases, aud were'in delibsration for some time. The Court awarded £61 17s 6d, the sum offercl by the Government in the above case. COSTS OF ASSESSORS. His Honor asked what provision was made for the costs of assessors. Mr. Tyler said that no claimant could take up the award until the fee of the assessors, and the costs ordered by the Court were paid. His Honor : But how, where the award would be against the claimant, would counsel for the claimant in such cases guarantee the payment? Mr. Tyler said he had no instructions to make any such guarantee. Mr. "\Vhitaker thought that where there was a honafide claim the.Government would not insist upon the costs of the assessor. Mr. Buckland : There appears to be a defect in the law in that respect. It would be only reasonable to require that the fees of the assessors should be lodged with the claim. AWARDS. His Honor then announced the following awards :— Marsh Brown.—Claim, £2500; award, £81 15s, each party to pay his own costs, including the assessor's fees. Tkipuook's Leasehold.— Claim, £300. This was a claim for access to the mill on Marsh Brown's land, which was leased by Mr. Triphook. It appeared, however, that the mill had not been working for eighteen months, and that it was liable to be flooded. The Court awarded as follows: '"That the claimant is not entitled to any compensation, and that he pay £10 10s, the costs of the inquiry." Hbmi Tadtari.—Claim, £400. This was a claim of £200 for damage to a block of land known as Te Kapu, and £200 for a block known as Whatipu. The Court in this ease awarded the claimant £150, each party to pay his own costs. Bykrs and Triphook.—Claim, £664. This was a claim for land taken, and known as North, and South Manurewa. Upon the examination of the plans it was found that the area in the proclamation and that in the plans were dilferent. The Court dismissed the claim as being insufficiently described, without prejudice to its being brought at any future time. Te Pukutu.—Claim, £700. This claim was dismissed for a similar reason. J. R. Triphook.—Claim, £70. This was a claim for a piece of laud taken out of what is known as the Awahe block. It appeared that the land was purchased from a native grantee, lmt the evidence showed that the block hail not been sub-divided, so that his proper share should be assigned to each grantee. The Court held that the claimant .was not entitled to any compensation. . This concluded the business, and the Court liiijonrned.