RATES ON RIFLE RANGE.

New Zealand Herald, Volume LXVII, Issue 20595, 20 June 1930, Page 14

RATES ON RIFLE RANGE.

QUESTION OF OCCUPATION.

1 — ACTION BY COUNTY COUNCIL

[UX TELEGRAPH. —OWN CORRESPONDENT.] NEW PLYMOUTH, Thursday. The meaning of the term "occupation" with regard to levying a raLo was argued in the Magistrate's Court to-day, when Arthur J. Mack was proceodcd against by the Taranaki County Council for £2B 19s; being general and hospital rates, plus 10 per cent, penalty, alleged to bo payable by tho Defcnco Department on account of a section of the department's property farmed by him, part of which is tho liewarewa Riflo Range.

Tho county clerk said the Government valuation roll showed defendant to bo an occupier. Ho know that tho Crown owned tho properly, and that defendant did not. Tho Defenco Department was lesseo of the property. On July 1, 1028, lie received a letter from tho Minister of Defence, giving tho opinion that the department was not the exclusivo occupier. For defendant, Mr, C. 11. Croker''contended that defendant had, not a lease, but a licence, but it was not a licence under tho Lands Act or Miuing Act, such as would mako defendant exclusive occupier.

Tiio licence imposed certain conditions on defendant. 110 had to allow (lie defence forces c:i to tho property for training purposes and shooting practice, and tliero wcro other conditions, such as keeping cattle off (he range while shooting was going on, keeping grass on tlio range and so on. Thus occupation was not exclusive, as ho contended it had to ho before defendant was liable for rates.

Major A. E. Conway, an olKcrr of the Defence Department, stated that the forces had the right to go on to the property at any time by giving reasonable notice. Tho land between tho tiring points and tho target would bo dangerous -for Stock.

For plaintiff, Mr. R. 11. Qttilliani contended that tho docipnent gave pornuui'jnf occupation to defendant. Jt, was not enough to say that (ho wholo thing depended on exclusive occupation. It was a question of tho substantial purpose of tho transaction. Exclusive occupation meant exclusive with regard to all persons other than those to whom tho rights were reserved. Decision, was reserved.