ACTION INVALID

New Zealand Herald, Volume LXXIV, Issue 22695, 6 April 1937, Page 10

ACTION INVALID

TOWN BOARD MEMBERS BOWLING CLUB INTERESTS NO POWER TO REMIT RENT POSITION AT MANUREWA The unusual position of a local body being precluded under the statute from considering matters relative to the district bowling club on account of four of the seven board members also being members of the club was disclosed at the Manttrewa Town Board meeting last night. Advice to this effect was received from the board's solicitors in a report 011 the powers of the board. This report was called for at the last meeting, when a letter on behalf of ratepayers questioned the board's power to remit any part of the rent payable by the Manurewa Bowling Club under a lease through tho board. The board had previously adopted a resolution to remit £ls of tho club's rental due this year. Ratepayers' Contentions Upheld The board's solicitors stated that tho contention of tho ratepayers' solicitor that the board had 110 power to remit rent owing, and could reduce future rent only by special order, was correct. The Town Board had not been declared a leasing authority under the Public Bodies Leases Act, 1908. If it had been so declared, tho Act would give ample autnority to tho board by special resolution to 'reduce rent, and also to compromise with a lessee. The ratepayers' contention that members of the board who were also'members of the bowling club could not legally vote on any matter affecting tho club was also found correct. The Town Boards Act, 1908, prohibited members in such position from voting upon or taking part in any discussion. The additional safeguard for members in tho Municipal Corporations Act did not apply to town boards. The position, therefore, was that members of tho board associated with tho bowling dub must not vote or even discuss at a board meeting any matter between tho board and the club. "This could easily lead to an impasse," stated tho report, "as wo understand that four of tho seven members of the board are also members of the club." Resolution at Informal Meeting The solicitors stated they had been so impressed with the seriousness of the position that they had investigated the board's actions regarding the remission of rental. They found that tho bpard had recorded a resolution passed at an informal meeting of the board. As the meeting was informal and the board could not have a quorum of non-club members, the resolution could not become operative, and the matter coidd not bo reviewed until the district became a borough. "The position is serious, as members very properly are interesting themselves in the-, various sports clubs and other organisations in tho district, and Section 31 of the Act prevents them, if members of such clubs, from even joining in any discussion at a board meeting concerning them," continued the letter.

The solicitors advised the board to apply for an Order-in-Council declaring it a "leasing authority" under the Public Bodies Leases Act, 1908. The chairman, Mr. W. T. Cox, said the result would be very far-reaching. It was decided to advise the bowling club that the board had no power to deal with the matter.