FOR ELECTRIC POWER

New Zealand Times, Volume LIII, Issue 12431, 27 April 1926, Page 6

FOR ELECTRIC POWER

RATING QUESTIONS DECISION OF THE COURT. In answer to questions raised in Ml originating summons in the case between the Southland Electric Power Board, plaintiff, and the Attorney-Gen-eral, defendant, tlie Full Court replies that the board “has power under section 56 to define by a special order any portion or portions of it© district for the purpose of levying a separate rate or rates therein without any regard to the question whether or not the ratepayers therein have received or will receive any special benefit from the works carried out or proposed to be carried out by the board.’ To the question: “Can the board define portions of its district for the purpose of levying separate rates therein by setting out the external boundaries of such portions and excepting thereout properties it is not proposed to rate without setting out the boundaries of such properties but by describing such properties?” tho court replied: “This question ought to be answered, we think, in the affirmative, but subject to this qualification that the excepted properties must be described in such a way that a land surveyor, „ taking the special order as it stands and without any further information, could mark off on a map the excepted properties.” The court was also asked to determine the following question: “The board having, by lution adopted or purported to adopt -the system of rating on the unimproved value, can it rescind the said resolution in so far as it would apply to rates hereafter to be made and levied by it, and by resolution adopt with respect to each future rate before the same is made and levied either the system of rating on the capital value or the system of rating on the unimproved value?” The answer to r.he question is that the board is not entitled to rescind the resolution of November 19th, 1920, but must take a poll of the ratepayers on the subject as provided by. section 44 if it desired to change the system of rating. The board is to pay the costs of the Attorney-General, which are fixed at £lO 10s.