HUTT CITY RATING

Otago Daily Times, Issue 26199, 9 July 1946, Page 4

HUTT CITY RATING

EFFECT OF POLL QUESTIONS DECIDED BY COURT (P.A.) t WELLINGTON, July 8. A decision answering all three questions in the affirmative was given today by the Court of Appeal in a case in which a summons removed for hearing from the Supreme Court at Wellington was brought by the Lower Hutt City Council to determine questions arising out of a rating poll in Lower Hutt in September last approving, by 1560 votes to 284, a change of the basis of rating from unimproved value to annual value. . In October last, after the poll was held, the City Council passed a resolution that in future the rating should be on an annual value basis. Objections having been raised, the court was asked to determine whether the council could by such resolution, pursuant to section 4 of the Rating Act, 1925, validly determine that the new system should be in force as from April 1, 1946.

A second question for the court was whether, in "such circumstances, the valuation roll prepared and transmitted to the council on or before June 15. 1946, in accordance with sections 7 and 8 of the Rating Act. was validly available for carrying the council’s resolution into effect.

The court was also asked to determine whether the requirements of the Rating Act had been complied with in respect to the publication of the result of the poll, notice of which was published over the signature of the returning officer and not over the signature of the chairman. The effect of the decision is that the Lower Hutt City Council could, by resolution, validly determine that a system of rating on annual values should be in force in the district as from April 1. 1946. and that a valuation roll prepared and transmitted to the council on or before January 15. 1946. is validly available for carrying the council’s resolution into effect. The court also held that the requirements of the Rating Act had been complied with in respect to the publication of the result of the poll.