WESTMERE PROPERTY

Wanganui Chronicle, Volume 88, Issue 202, 24 August 1944, Page 3

WESTMERE PROPERTY

WANTED FOR BREEDING OF RACEHORSES LAND SALES COURT APPEAL A submission that the breeding of thoroughbred racehorses was a useful and economic industry of benefit to New Zealand was made by counsel in a case which came before the Land Sales Court at a sitting in Wanganui yesterday. Robert Graham Bennett appealed against the decision of the Land Sales Committee in refusing to permit the sale of 15 acres of land which he wished to add to his stud farm at Westmere, the grounds of the committee’s refusal being undue aggregation. After hearing submissions by counsel, who contended that if the land were not transferred to Bennett it would not become an economic unit, as it contained neither water nor dwelling, the Court reserved its decision.

Mr. Justice Finlay presided, and associated with him were Messrs. W. Stewart and W. E. Scott.

Mr. S. T. Barnett (Wellington) appeared for the Crown, Mr. B. C. Haggitt represented appellant, and Mr. N. R. Bain was counsel for the vendor, Banks Estate.

The occasion was the first sitting in Wanganui of the Land Sales Court. Mr. Haggitt submitted that the use of land for stud racehorses was not necessarily uneconomic. After entering into a contract regarding this property, Bennett obtained a permit from the Government and imported a stallion from England in May of this year. He now had three stallions on the property and visitine mares during the season were never fewer than 6D or more than 100. When running a thoroughbred stud farm it was necessary to close the paddocks off for three months each vear. In addition to stud horses, counsel added, appellant, since taking over the property in 1942, had been using it for mixed farming. At present he had 11 dairy cows, 350 sheep, including 300 breeding ewes, and up to 35 dry cattle.

When the matter was before the Land Sales Committee, this tribunal apparently paid a great deal of importance to Bennett’s Eltham property of 88 acres, but Bennett did not want to sell this land and was anxious to keep it for his son. His Honour: Here is a man with two farms and he wants to acquire another 15 acres. The question is whether or not it is aggregation. Mr. Haggitt said the 15 acres was without buildings and water. If not taken over by Bennett it would not become an economic unit. “This property could not, by the wildest stretch of imagination, be called an economic unit by itself,” counsel added. His Honour: We quite realise that. Submitting that the appeal should be upheld, Mr. Haggitt said that Bennett, in all good faith, had entered into a contract before the Land Sales Act came into force. His Honour: If this area is of more use to anybody else it may affect the question of aggregation. Mr. Haggitt said a stud farm such as this was an economic benefit to other farms because of the large quantities of feed used.

There was no suggestion that the land was being used for purposes of speculation, arid he did not think it could be argued that a stud farm of this kind was uneconomic, said Mr. Bain. He added that, on the contrary, it was an industry essential to the country.

His Honour: Your point is that horse racing is of benefit to the country? Mr. Bain: To a reasonable extent, though I don’t suggest that it could be extended. Counsel added that situated as at present this land would be useless for rehabilitation purposes. “It would seem that this land would be of far more benefit to Bennett than anybody else.” counsel added. His Honour: Is this 15 acres of any use for the settlement of an individual or a family?

Mr. Bain: If the matter went before the Rehabilitation Committee it would consider very carefully before putting anybody on the property, having regard to the cost of building a house. Mr. Barnett submitted that Bennett already had sufficient land, but people with other property wished to buy the 15 acres in order to increase their holdings. After calling evidence In support of this contention, Mr. Barnett said that it was a question of whether people who had insufficient land should be given an opportunity of acquiring the 15 acres. The property that appellant wished to acquire must be associated with other land. “We submit,” said counsel, “that it amounts to aggregation as there are others who would benefit if they could acquire this land.” The breeding of thoroughbred racehorses for sale was a useful and economic industry which brought much money to New Zealand from Australia and India, said Mr. Haggitt, making his final submissions.

The Act was an ipfringement on the rights of the neopie to acquire land and use it, for the nurpese they wished, said Mr. Bain. It had been established that to erect buildings on this property for a poultry farm, which was the only use to which it could be put, would cost £2OOO, which would he uneconomic. “It would be a denserous principle to lav it down that this is undue aggregation.” Mr. Bain added. Decision was reserved.