LEVY OF WATER RATE.

New Zealand Herald, Volume LIX, Issue 18210, 2 October 1922, Page 5

LEVY OF WATER RATE.

GRADUATED SCALE USED.

HELD TO BE ULTRA VIRES.

A graduated scale in levying rates wa« held to be outside the powers of a local body in * judgment delivered at the Supreme Court by the Chief Justice, Sir Robert Stout, on Saturday morning. The rate in question was one levied by tfas Pukftkohe Borough Conncil (Mr. Bttdeftn) for wal/er cliargea, and decreaised as the armual value of ratable propertnas increased,, Against Ute collection «.»<• rate, an injunetion was sought «M»t th« council by H. G. R- Maaon (Mr. Quart*yK\» Honor, said U»e main question wm whether the council had power, to irate on a graduated, scale. The Rating Act, 1908, provided, that every rate nhould be of a stated amount m the ■«,. on the ratable values, except a* otherwise provided in the case of a water rate or other rate specially assessed. But there was no provißion for a procedure such as the defendant** followed te levying water rates. Under the Municipal Corporations Act, I&8, tliere was provision fenr gradinz the rates, but the amended Act cf IPSO had not repeated the provision. Hia Honor therefore,held thaVthe council had no power to vary the water vat" |° form and to the effect which it had done. The injunction asked was therefore granted., with costs.