HARBOR RATE.

Opunake Times, Volume II, Issue 67, 22 February 1895, Page 2

HARBOR RATE.

\V& asserted it as our opinion that the harbor rate in the future could be used for purposes other than paying interest. Nearly all the press of # the district deny this, and now we find our member referring to the statement as a ridiculous one. As ho is one of our worthy lawmakers we should feel inclined to place some weight on his statement were it not for "the apparently clear language of the Harbors Act, 1878, and the Haiv hors Act Amendment, 1894. We shall be only too pleased, however, to acknowledge our error if the contention k authoritatively proved to be

wrong. The followdug are the grounds on which we make the assertion. In the Harbors Act, 1878, it recites that the Harbor Fund shall consist of — (1) Harbor dues, pilotage rates and other dues, &c. (2j Harbor improvement rates. (3) Rents and profits of land vested in the Board. (4) Proceeds and profits of land set asiie as endowments. (5) All other moneys which may be received by or become the property of the Board under the authority of this Act or a Special Act. Sub-clause 4 we take to mean the Land Fund, and sub-clause 5 we take to mean the rate. If our reading of this be correct, and it seems as plaiu as language can make it, then there can be no doubt that the phrase Harbor Fuad includes both Rate and Land Fund. The Act of 1878 provides that any surplus from this fund may be applied towards repayment of loan, but here the power ends. We now come to the Harbors Act Amendment, 1894, and this, according to our reading, enlarges the powers conferred on the Board in dealing with the Harbor Fund, Section 4 says : “ Any Harbor Board may appropriate in any year any part of the Harbor Fund, not otherwise appropriated for any special purpose, towards the creation of a speciaramd to provide for the following contingencies :

(1) Destruction of or injury to any of the properties of the Board. (2) Depreciation in the value of any of the property of the Board. (3) Claims which may bo made upon the Board by employes. (4) Any other exceptional losses or expenditure.

We do not know of any limiting clause by which the Board is bound not to levy more rate than is sufficient to defray interest from year to year like is provided in the Local Bodies Loans Act, and it therefore can, if it chooses, levy the full three farthing rate from year to year. Once levied and received, under sub-clause 6 of the Act of 1878, it becomes Harbor Fund. The amount appropriated for a special purpose is £12,000 for interest on loan, and after this is provided the surplus, according to our reading of the Amending Act, 1894, may be used for any of the purposes mentioned in connection with the special fund for contingencies cited above. If it does not mean this we should like to know what is the meaning of it. It cannot refer to the harbor dues and pilotage rates, because we think it was fairly well understood that the Harbor Board could dispose of funds derived from this sonree iu any way they thought fit iu harbor works, and we do not suppose the amendment was inserted merely for the sake of having an additional clause in the Act. If Mr McGuire or the New Plymouth papers would enlighten the ratepayers on this point, if they can, it would be more satisfactory than their dealing in general contradictions without adducing any proof.