THE FROZEN MEAT COMPANY'S LEASE. Auckland, March 14.

Te Aroha News, Volume IV, Issue 195, 19 March 1887, Page 1 (Supplement)

THE FROZEN MEA T COMPANY'S LEASE. Auckland, March 14.

ix .slpe'ciial meeting qf the members of tha Jaarbour Board was held at 2.30 yesterday afternoon, for the purpose of considering fcbd dsfer>ed business relative to the proposal to take ovor the land reclaimed by the New Zealand Frozen Meat and Storage Company. There were present : Messrs W. R. Waddel (Chairman), C. Laßoche, Phillipps, M. Niccol, A. Devore, D. H. McKenzie, T, Henderson, C, B. Stone, and J Lamb. A legal opinion from Messrs Russell and Campbell, solicitors t3 the Board, was read as follows :— " Be Freezing Company we have aonddered more fully the question referred to us yesterday by you verbally, viz., whether the Board has po wer to pay to the Freezing Company the cost of reclamation of lands reclaimed under lease 3 from the Board. Section 172 of the Act of 1878 directs that the Harbour Fund may be expended inter alia in tho construction, maintenance and repairs of hatbour works. It appears to us ihat-the payment cannot como within that section, for although it is in a certain sense for the construction of harbour work, yet the wo*k has not been done under a contract made afttr public tender, as required by sections 65 to 67. Unless, therefore, the payment can be brought under eectidn 149, which provides for the purchase or acquisition of any land necessary for obtaining ac cess to other land vested in the Board or lequhed for the purpose of any reclamation or other work, the payment ib outside of the powers conferred by the etatute. Whether the purchase is necessary or required in the torms of the section last cited, is a question of fact upon which we have no materials before us to found an opinion. — Yourd faithfully, Russell and Campbell " Mr Laßoche said that the legal opinion did away with the idea of paying any money to the Frozen A3 eat Company from the genera l revenue. — The Chairman Baid that certainly there was no provision for such an expenditure in the new loan. -Mr Devore remarked that for that very roueon it was suggested that a bill should be pas&d to deal with the matter. — Mr Niccol said that the fact was that the Board had engaged to do what they had no' legal power to carry out. Therefore the only honourable course for them to^ 'take was. to draw back from su*ch % -an untenable position, a"rfd not to string on the Frozen Meat Company with the idea fchafc ultimate^ the Board would take over the land It m-atit a large expenditure of public money, equal to an annual charge of £1,000. This was an expense that they had no light to incur. Then there was another important matter That was, that tho price charged was much too high, and although they might sympathise with the Company, it was not tho duty o f the Board to take up the position of relievers of distressed Com panics. He would therefore move, "That in view of tho improbability of the Board agreeing with the Company aa to price, and also the doubt as to the legality of the action, the Board declines to proceed further with the matter." — This was peconded by Mr Laßoche pro forma — Mr lamb was about to start the discussion when it was suggested that the Board should go into Committee. Thia was decided upon, and accordingly the representatives of the Press withdrew. —After remaining in Committee for a considerable time the Board resumed, when the following recommendation was adopted : -" That all the clauses be struck out excepting the C and D, and that these be referred to the Engineer to examine and report to the Board."