SCHOOL TENNIS COURTS

Otago Daily Times, Issue 22545, 12 April 1935, Page 7

SCHOOL TENNIS COURTS

QUESTION OF RATEABILITY A MAGISTRATE’S RULING (Per United Press Association) AUCKLAND, April 11. The rateability of school tennis courts used by outside clubs under arrangement with the school committees concerned was questioned at a sitting of the City Assessment Court. Mr Towle appeared on behalf of the Auckland Education Board and the three clubs using the tenuis courts at the schools which had been assessed for rating purposes by the city valuer. Mr Towle said it was the first occasion on which an attempt had been made to collect rates from such clubs. It was an important departure, as it might concern a number of clubs. He raised three points in objecting to the assessments —that the land was non-rateable, that there was no occupier within the meaning of the Act, and that even if chibs were liable to pay rates the assessments had been made on’a wrong basis. The position was that the school committees concerned had given the three clubs licenses to use the tennis courts. At most the clubs had a bare license to use part of the land during restricted hours, and counsel submitted that the use was not exclusive. He admitted that the court did not have power to rule whether the land was nonrateable, but he contended that the point was whether clubs had exclusive possession. “ If there is any question of paying rates,” Mr Towle said, “ all these clubs will go out of existence.” He added that the points about the land being nonrateable and there being no occupier within the meaning of the Act could be referred to. another court. Mr W. R. M’Kcan said that subject to a certain restriction the clubs appeared to have the exclusive right to the courts within certain hours. Counsel’s statutory authority was correct and the valuations would be reduced to the actual amounts paid by the clubs in rentals.