APPEAL TOO LATE

New Zealand Herald, Volume LXXI, Issue 21807, 23 May 1934, Page 12

APPEAL TOO LATE

PUBLIC WORKS DEPARTMENT NATIVE LANDS DECISION An appeal by the Public Works Department against a decision of the Native Land Court has been dismissed by the Native Land Appeal Court on the ground that it was received one day after the expiry of the statutory period of two months in which appeals are required to be lodged. Tho file submitted to the Native Land Appeal Court showed that, while the petition of appeal had been despatched from the office of the Minister of Public Works on a date prior to the expiration of the statutory period it was not received by the Registrar of the Court until one day after the final date for lodgment. The Appeal Court dismissed tho appeal, ruling that the date of receipt of appeal was the actual date of lodgment. Tho decision of the Natjve Land Court from which the Public Works Department appealed was given in February, 1933, in tho matter of an application for tho assessment of compensation for certain lands taken under the Public Works Act for the purpose of the Dargaville branch railway and road diversions. The grounds of tho appeal were that the amount of compensation was excessive, and that there was no evidence to support tho finding of tho Court. Under the decision then given by Judge Acheson tho native owners of various sections at Oumnvahao, Kaihu and Maungaru, comprising an aggregate area of 10 acres 21.8 perches, were awarded compensation amounting to £526 lis 2sd. In addition, the Court held that the department was to construct into the sections, "with no present or future charges," six crossings over the railway line with tho necessary metalled approaches, drain, ditches, culverts and gates. An overhead traffic bridge was also to be constructed across the railway cutting at Kaihu.