PUBLIC WORKS POWER.

Taranaki Herald, Volume LXVIII, Issue 16822, 21 August 1920, Page 6

PUBLIC WORKS POWER.

APPLICATION LIMITED. Per Press Association. AVELLINGTON, August 20. An important question affecting tho power of the Minister of Public AA’orks to act compulsorily was decided by tho Chief Justice this afternoon, in the case of Johnston and Co. v. the Miniated of Public AVorks. Certain land belonging to tho plaintiffs, a firm of Wellington merchants, was compulsorily acquired by tho defendant under clause 18 of the Act, for the purpose of a. site for the erection of an office for the Public Trustee. The plaintiffs sought an injunction against the defendant’s procedure, on the ground that the purpose was not one which came under the definition of a public work. in the Act. The Public Trust was a corporation, and there was no authority to spend money out of the consolidated fund for building Public Trust offices, and no statute allowing land to bo compulsorily taken for a Public Trust office. His Honour, in giving judgment for plaintiff, held that if the Public Trustee could, by the aid of the Minister of Public AVorks, purchase compulsorily land which must be vested in the Crown the security of the assurity and reserve fund of the Trust might vanish, and the beneficiaries of an estate have their rights invaded. There was no power, therefore, to acquire land compulsorily, and plaintiffs must succeed.