MAORI RATES CLAIM

Sun (Auckland), Volume III, Issue 713, 12 July 1929, Page 16

MAORI RATES CLAIM

OLD PROMISE INVALID LAND COURT’S DECISION (Special to THE SUN) THAMES, Thursday. Decision in the case in which the Thames County Council applied for 79 charging orders against natives for unpaid rates was given by Judge McCormick in the Native Land Court today. It had been contended that under a promise made 52 years ago the natives were exempted from paying rates for all time. “With reference to the agreement produced by Mr. Clendon on behalf of the natives,’’ said Judge McCormick, “and purporting to be made between the Thames County Council and certain leading chiefs of the Ngatimaru tribe, the court can only repeat that this agreement had and has no legal force or effect. It was not one into which the County Council could lawfully enter. Though the council may have observed the agreement in the past, the present council is within its rights in declining to recognise it, and Mr. Clendon did not really dispute this. “As to the contention that this court should exercise the discretion given it by section 108 of the Rating Act, 1925, and refuse to make charging orders in respect to any of the blocks which mny bo covered by the agreement, the court, after giving the matter the fullest consideration, is satisfied the present case does not come within the purview of the section. Its discretion must be judicially exercised and not merely out of sympathy. “With regard to the discussion as to further steps being taken, the natives may rest easy in their minds that ample time will be given. No steps can be taken to enforce any order until the expiry of 12 months, and then only after a further application to this court, which will see that the natives are not prejudiced for want of time, provided they show reasonable diligence in taking whatever course they may be advised to take.”