UNPAID RATES

New Zealand Herald, Volume LXXII, Issue 22241, 16 October 1935, Page 16

UNPAID RATES

METHOD OF RECOVERY DECISION BY JUDGE COUNCIL TO APPEAL The Mount Albert Borough Council has decided to appeal ag?inst tho recent decision of Mr. Justice Fair regarding certain rights of local bodies to recover overdue rates, according to a statement made by the Mayor, Mr. R. Ferner, at a meeting of tho council last night. Mr. Ferner said there was little doubt that tho appeal would bo handled by the Municipal Association on behalf of all local bodies. The council's solicitors, Messrs. Nicholson, Gribbin, Rogerson and Nicholson, advised that it would be observed that Mr. Justice Fair had held that rate 3 which were the subject of a judgment could not bo satisfied out of any surplus moneys after payment of the judgment and costs in respect of which tho property had been sold. Tho solicitors could not agree with tho judgment. Mr. Ferner said that from a local body point of view the matter could not be loft in its present position. Local bodies had for many years believed that once judgment had been obtained the position had been made secure and that if a property were sold under a subsequent judgment the rates so secured under the earlier judgment could be collected from the proceeds of the sale. That sense of security had often operated in the interests of hardpressed ratepayers," and local bodies had given time to pay where it had been seen that a ratepayer could recover his position. If this new judgment was to stand it. would mean that local bodies would havef to proceed arbitrarily to sell all properties fairly soon after judgment had been obtained. There was little doubt, added Mr. Ferner, that the result now arrived at was not intended by the legislation and in tho event of the decision going against the council, or, in any event, there ought not to be any difficulty iu obtaining tho necessary legislation to correct the position. In order that that aspect should be taken care of Mr. Ferner moved that a suitable remit to the municipal conference be framed by himself and the chairman of the Finance Committee urging that legislation be brought down to correct the position which had arisen from the Supreme Court judgment. The motion was carried. NATIVE LAND PROBLEM LARGE SUMS OUTSTANDING [by telegraph—own correspondent] TE KUITI, Tuesday Since the "compromise" of 1930, when £IOOO was paid by the Government in lieu of all native rates up to that date outstanding, native rates in the borough of Te Kuiti have mounted up until at present the amount owing by natives in this respect is £2850 4s Bd. The Waitomo County Council in 1932-33 wrote off £4224, in 1933-34 £4339, and in 1934-35 £3586, because of the Maoris' inability to pay rates. In a period of six years, £10,641 has been written off by reason of the position as regards Crown rating. In the Mangapu Drainage Board district half of the area of 10,000 to 12,000 acres is native-owned, and tho board is unable to collect from the natives. The Te Kuiti Borough Council, at its meeting last evening, decided to take up the matter again with the Prime Minister, Mr. Forbes.