OBJECTION TO RATING.

New Zealand Herald, Volume LVI, Issue 17110, 15 March 1919, Page 11

OBJECTION TO RATING.

ST. JOHN'S LAKE DRAINAGE. QUESTION OF LIABILITY. MAGISTRATE'S COURT ACTION An objection by a number of ratepayers in the Waiatarua drainage district to a classification which renders them liable to certain rates, was considered by Mr. J. W. Poynton, S.M., at the Magistrate's Court yesterday. The objectors—residents of the Maidstone estatewere represented by Mr. Ostler, Mrs. W. A. Mains by Mr. Alexander. Mr. Cawkwell appeared for his wife, who is a landowner in the district, and Mr. Meredith.for the board. The dispute arose out of the rating of certain land originally in the drainage ! district but now i.coipoiated in the city j j area. The board was constituted in 1904, with a view to carrying out a scheme for ' I the drainage of St. John's Lake, at a ! 'cost of £9000, which has just been completed. Under the " Land Drainage Act" the board has power to class.iy land in I its district into four classes;—(a) Land '• receiving immediate and direct benefit; (b) land receiving less direct benefit; ■ I (c) land receiving indirect benefit; and (d) other lands; the rates to be leviable on a graduated scale in accordance with the class under which the land falls. Mr. Ostler said* that 'the "Land Drainage Act" provided that no part of a city or borough area should be included in a drainage area, and that-therefore the area winch formed the subject of the objection ceased automatically to be part of the drainago district. Counsel, Messrs. Alexander and Cawkwell, also urged that the residents had received no benefit from the drainage, and that they had been wrongly classified, Mr. Meredith said the objectors were ; practically'asking the magistrate to amend ! the Order-in-Council by altering the drainage district boundary. The only way an area once included could be excluded was ] by' a petition to the Governor-in-Council. . There was no doubt that the Legislature , intended that, city property could be included in a drainage area, because Section 6 of th 6 Land Drainage Act allowed any land, which subsequently was found , to receive benefit, to be included in the area upon petition by the board. Section 12 of the Washing-up Bill gave statutory : authority to the Ellerslie Road Board, , the Tamaki West Road Board, and the Mount Wellington Hoad Board, to contri- . Bute to the rate payable to the Auckland . City Council, in respect of the Park area, , which was now city property. If the contention of the appellants was correct , no such rates were payable. After evidence as to the effect of the works and the attitude of the board had been given,, the magistrate reserved his decision.