SPECIAL AREA RATES

Taranaki Daily News, 11 September 1935, Page 11

SPECIAL AREA RATES

EGMONT COUNTY POSITION MOVE TO RESCIND RESOLUTION. r . .. ' COUNCILLOR’S VOTING RIGHTS. ANOTHER OPINION TO-BE SOUGHT. ‘That all special area rates be levied this year as in previous years and that all previous resolutions of the council that have the effect of abolishing any special rates be rescinded, and further that immediate application be made to the Loans Board for a modification of the council’s conversion scheme to provide for the exclusion of all special area loans from the scheme.” This , was the text of a motion by- Cr.. W. .A. Sheat at the . meeting of the Egmont. County Council yesterday. ■ “Before giving notice of - motion . I would like to have read the legal advice' received in regard to the voting rights of councillors on the subject of paying interest on special rates out of the general account,” said Cr. Sheat. The legal opinion was-read by the clerk. Cr. Sheat expressed dissatisfaction -with this opinion. He suggested that the matter’be referred, to a leading authority to get the position cleared up. He was not raising the matter in any trivial spirit, but he had obtained a con-., trary legal opinion. The meaning of ; the Act wasmot quite clear, and it was one. that could well be the subject of a Supreme’Court judgment. Unless the voting rights of councillors were ruled'out if would be useless to challenge the issue and he suggested that the motion be held over until the point of the voting rights of councillors was settled and the whole matter could be cleared up in one hit.' If the opinion was not favourable to his contention he would not pursue the matter further. He suggested that , the question be submitted to the solicitor to the New Zealand Counties’' Association. The chairman (Cr. W. C. Green) said personally he had no objection to submitting the question in this way. He respected the present legal opinion, but another authority might give a different one. ' Cr. E. G. Holmes agreed with the proposal to seek a high legal authority’s ruling.... ■ ■ Cr. J. Young explained his attitude on the question and regretted the delay in the proceedings. However, he would abide wjth the legal advice. - Cr. Sheat said if the opinion were definitely against him he would abide by it, „but there had been no case .in New Zealand to settle, the point. If. the independent legal advice that was being obtained was in the objectors’ favour they might test the matter in the court. .. It was agreed on the motion, of th* chairman and Cr. Young to hold the matter over 'till a legal opinion had been obtained from the New Zealand Counties’ Association. solicitor. t’ Cr. G. Gibson asked if Cr. Sheat would give an assurance to .'drop the matter. if this legal opinion were against him. Cr. Sheat said he . could-not do this as others interested were obtaining - an independent opinion and he could not say that they would not go on with the matter if their legal opinion were, favourable. ” ' . ' ' ' “I came down .to the meeting prepared for a big fight,’’.-said the chairman; “I am sorry to disappoint you,” responded Cr. Sheat. “Well next.time I will be in good form. I thank you, gentlemen, said the chairman in closing the council, “and- I.' hope we .will all be as,-good friends after the next meeting as we are to-day.” ' ’ . “If. the South riding has money to waste in litigation, then I think its valuation should be put up,” said Cr. Gibson.