NATIVE RATES SOUGHT.

New Zealand Herald, Volume LXVI, Issue 20304, 11 July 1929, Page 9

NATIVE RATES SOUGHT.

AN AREA AT THAMES,

MAORIS CLAIM EXEMPTION.

I-ORMER AGREEMENT QUOTED

[llY TF.T.KGTtAT'ir. —OWN CORRESPONDENT.} THAMES, Wedneiidny.

The Thames Comity Council to-day applied to tho Native Land Court for permission to make 77 charging orders against native lands in order to meet (he unpaid rating liabilities of the owners concerned. The areas involved front the Totara-Hikutaia Road. '1 lie council claimed a total debt of £BOO. On behalf of tho native owners Mr. E. ,J. Clendon asked Judge McCormick to nullify the council's claim, cn tho grounds of a promise made 52 years ago to exempt for all time tho natives concerned from tho payment of rates on tho lands, mentioned.

The position was, said Mr. Cicndon, that iri 1875 the Thames County Council decided to ask tho natives for permission to make a road from Tolara to Matatoki, or still further to Hikutaia, as a military measure. The natives agreed to allow the road to go through provided they were exempted from tho payment of rates for all time. Mr. Clendon produced an agreement dated May 19, 1877. " 1 maintain," said Mr. Clendon, "that this is a solemn arid honest covenant. It has lieen observed for the last 50 years and is morally and legally binding upon tho county as it is upon the natives. This agreement has been religiously observed by the county since its .signing, and it is only this year tiiat there has been any attempt to force the natives to pay rates." Mr. Furnell, for the council, submitted that the agreement had no legal merit and was uitra vires, as far as the council was concerned. Judge McCormick: I have no doubt that the document has no legal value at all. Mr. Cicndon pleaded that the points of equity covered by the provisions of the Rating Act should be considered. Judge McCormick said he would deliver written judgment on that aspect tomorrow.

Subsequently Mr. Cleadon staled that further action would bo taken to validate the agreement, as it was a most vital matter.

" It certainly is one of the most im portant matters that has ever come be fore a Land Court," added .Judge Mac Cormick.