THE "THIRDS" QUESTION.

Stratford Evening Post, Volume XXIX, Issue 133, 28 July 1911, Page 2

THE "THIRDS" QUESTION.

DEALT WITH BY WHANGAMOMO.NA COUNTY COUNCIL. At the meeting of tlie W hangamoiiuau County Council on Wednesday, Ml. W. A. "ulcCutciiau wrote as follows, under date Loin July: — “1 enclose a letter from the Commissioner of Croua Bands, -New Plymouth, from which your Council will gatJiei that the Lana Board will not permit the partition of fiords from section 2, mock 15, Bouatu, as requested oy your Council’s resolution of toe 2btn ultimo as grounds lor fui incr delay are removed oy the Land Board's enporsemcMit of its previous decision, i make application for the immediate expenditure of the thirds scheduled for the construction of the Mauku Load, so that full access to my holding may be available at the approaching shearing season. Should, nowever, a majority of your Council again hold up this matter, 1 ask for early official intimation, of their decision, so that 1 may request the Minister for Public Works to relieve your Council of the control of these funds, in cider that the outlay may be undertaken, under the guidance of the officers or his department, as provided for in the Public Works Act, 1908.”

The following letter from Air McCutclian was also attached under date 20th July:—“Since writing to you yesterday a lengthy legal opinion nas reached me upon the whol? question of thirds from Mr J. 15. Roy, solicitor, New Plymouth, a widely recognised authority upon local government legislation. The opinion is too lengthy to quote here, but as the concluding paragraphs summarise Mr Soy’s views j. append them, feeling sine tnat they will interest tno members of the County Council.

Extract from Mr Soy’s opinion:— Land Act, 1908.-—“Thirds”.—“A careful consideration of the wording of section 145 makes it perfectly clear that the primary and only object of the application of thirds is in the opening voids of the section ‘For or towards the construction or maintenance in any district of roads and bridges leading to or opening up the land disposed of under tnis Act.’ Section 150 again speaks of the completion of the making of the roads of access to open up tiio said lands. Wiiitianga Hoad, having been already opened up, and formed, is not, in our opinion, a road which is now entitled under section ioO to the benefit of the expenditure of thirds. We therefore consider that the Land Board has acted properly and within its absolute discretion in sanctioning the expenditure of the whole of tne thirds from section 2 on the Maiden Road, for we can see nothing in the wording or spirit of The Land Act, 1908, from which it can ho reasonably inferred that the allocation of thirds should, under such circumstances as in the present case, be made otherwise.

The following letter, received by Mr W. A. McCntchan from the Department of Lands and Survey, New Plymouth, under date 20th July, 1911, re thirds from section , block XV, Pouatu Survey District was also read. Referring to your (letter of the 29 th ultimo., I have to inform you that the Land Board ou the 18tu instant resolved that it sees no reason to alter its previous decision. ' Cr. Robertson moved, and Cr. Meredith seconded, That the Land Board be written to asking them if they would be good enough to state the reasons why the Council was refused permission to alter scheduling of thirds accrued to section 2, block XV, Pouatu, seeing that the Council consider it would be. unfair to..spend- the. whole of tneso thirds on Mauku Road.

A good deal of discussion ensued, the resolution being eventually carried on division :—Ayes : Crs. Jones, Anderson, Roberton, Meredith, and Mcllroy. Noes: Crs} McCluggage and Davis.

It was also decided to advise Mr McCntchan of the Council’s decision as requested. Later on the Clerk was instructed to write to the Commissioner of Crown Lands to the elfoct that settlors are almost always consulted re expenditure of thirds, and the Council knows of no case where the thirds are reserved for metalling where the money could he spent to better purposes. With respect to accrued thirds, the Council is now formulating proposals for expenditure of same, and hopes to submit a scheme after its next meeting on the 23rd prox. Further, the Council cannot admit laxity in submitting proposals for expenditure of thirds on roads under County control.