GRAZING RIGHTS.

New Zealand Herald, Volume LXVIII, Issue 20930, 21 July 1931, Page 11

GRAZING RIGHTS.

CITY COUNCIL'S CHARGES. APPEAL BY A DEFENDANT. Interesting legal points were raised in an appeal against a Magistrate's Court decision, heard by Mr. Justice £mith yesterday. The appellant was John Raphael Lundon (Mr. Sullivan), who had been sued by the Auckland City Council for £l4 4s grazing fees, and lost the case. Against this decision the appeal was lodged. Mr. Sullivan stated that the appellant had been grazing a pony and a horse on the Mt. Hobson Domain for 3s a week, and the amount grew to £l4 4s. When he was sued his defence was that under sect-ion 55 of the Public Reserves, Domains and National Parks Act, 1928, before stock could be depastured on a domain or any charge made for depasturing a by-law should be made fixing the charges, and that by-law must have the approval of the Minister. No ,«uch by-law existed in this case. Appellant had paid for the grazing until he decided that the council had no right to make the charge. The council had been receiving money it had rio right to receive, contended counsel.

Mr. Stanton, for the City Council, said this was the case of a person who had deliberately taken his horses to an authority, asked to be allowed to graze them, kept them there for a period under an express promise to pay, and after a certain time ceased to pay. When claim was made for the unpaid money, life said there was no right at all to charge. He had had the benefit of the contract, but he was not going to pay. Counsel submitted that having accepted the contract it was not now open to Lundon to raise any question of informality. The council was empowered to make by-laws, but until it had done so it was open to it to make a contract in the ordinary way. The power to make bylaws did not interfere with the power that resided in it to make contracts. Mr. Sullivan submitted that his client was just in the position of the country yokel in Sydney to whom a stranger in the Domain had sold the sundial for £2O. When the yokel came to remove it he found the man had sold him something ho had not got. The council had sold his client something it had not got. His Honor reserved his decision.