A MATTER OF CHOICE

Waihi Daily Telegraph, Volume XXXX, Issue 9682, 20 June 1941, Page 2

A MATTER OF CHOICE

BEACH LEASES AND SOLICITORS ! i _. . i DEPUTATION TO COUNCIL REQUESTS BY RATEPAYERS Freedom to choose their own solicitor in the preparation of Waihi Beach leases was sought by a deputation from the Waihi Beach Ratepayers' and Leaseholders' Association which waited on the Waihi Borough Council at its monthly meeting on Wednesday evening. The deputation, which consisted of Messrs H. A. Pipe and F. Raddings (lion, secretary),

also wanted to know why the bal-ance-sheet of the Waihi Beach did ; not show rates collected at the i Beach.

Support of the association's request j regarding leases was lent by Cr. S. Bonnici, who had tabled a notice of motion: "That all resolutions appearing in the minute-book of the council relative to the preparation of Beach leases by the borough solicitor be rsccir.dnd; and that the existing leaseholders, or intending leaseholders, be permitted to appoint their own local solicitor to prepare the new lease." • Some lively discussion took place before a large and, at times, vocal gallery. Before introducing the deputation, the deputy-Mayor, Cr. S. M. Hovell, moved that Cr. Bonnici's notice of motion be discussed an'l dealt with in open council. This was seconded by Cr. T. A. C. MacDonald and carried without dissent. j CASK FOR LEASEHOLDERS ; Mr Pipe said a meeting of the ' Beach Ratepayers' and Leaseholders' ■ Association had been held just after ] the last municipal elections, as it was ' felt that then was the time to bring ! before the new council any matters ! about which dissatisfaction existed. jHe contended, however, that every solicitor in the town should have the J same right as the council solicitor to 'prepare leases. As ratepayers, all , had paid collectively towards the ' cost of the original lease, and he fail- ! ed to see why one man should get all I the money. The cost was £3 19s fox I each lease, and the money should be ' distributed among the legal fraternity of the town, Mr Buddings said he thought Mi Pipe had well covered the ground. There were about 200 houses on th : Beach, and 175 of the owners were 'members of the association. By fat ] the greater number did not live in jwaihi or at the Beach; and in time ! he thought all would be members, j Cue solicitor was getting a matter of £SOO for the preparation of leases. ! He contended that of the amount £2 12s was clear .profit—only the signing and stamping of leases was necessary. Waihi had one of the best beaches in the North Island, and all at the Beach were trying to help the borough as well; but he would like to know why the previous leases had cost 30s and the new ones £3 19s He had no fault to find with the borough solicitor, but it was the binding clauses imposed by the council to which the association objected. So ] far as Beach rates were concerned, ) hundreds of pounds must have been j collected and not shown on the bal-lance-sheet. Why could not such amounts be shown, so that the Reach would be known as a paying:, not a losing, proposition? "I think," added Mr Raddings, "that in another couple of years there will not be a spare section in the place." Mr Pipe: The matter so far as choice of solicitors is concerned is one I of principle—nothing more or less.

TOWN CLERK EXPLAINS

The deputy-Mayor said he thought any solicitor in New Zealand should be allowed to prepare the leases, so that people outside the district who had property at the Beach could employ their own men. The town clerk, Mr E. C. Wcstbury, said that, so far as rates paid from the Beach were concerned, he had been told last October that the matter was to be brought before the council, and so he had placed it before the Controller and AuditorGeneral, who had answered that the general rates or gold-duty could not he shown in any account other than the general account of the borough. So far as the 30s and the £3 19s were concerned, the deputation had not been correctly informed. The 30s was for the preparation and stamping of a ten years' lease, while the £3 19s was for the preparation, stamping and registration of a 21 years' lease, which would cost £2 2s more than 30s.

Mr Pipe: Could not the leases be stamped before a justice of the peace, and so save expenses?

Cr. Bonnici, in moving his notice of motion, said the council might have the right to force the leaseholders to go to the borough solicitor, but

was it going to do so? Cr. K. M. Wrigley said he thought the council should be fully satisfied that the Beach lease-holders were of unanimous opinion on the subject of choice of solicitors. The council could lose nothing; but that was not the point, and it did not concern him The point was that an overwhelming majority wanted a change of rights; and lie could see no course open to the council other than to agree.

"A DEMOCRATIC COUNTRY'! Cr. MacDonald said he was of the same opinion. The position was an extraordinary one, and ratepayers were begging fqr the right to Use their own judgment. New Zealand was a democratic country, and people should have the right to choose whichever solicitor they pleased. Cr. Hovell said that if Cr, Bonnici's motion were carried lessees who lived away from Waini and the I Beach would not be allowed to appoint their own solicitors, and he d'cl'

iot see why they should be deprived " '£ that right. He moved an amendaent to the effect that all resolutions learing on the matter be rescinded, md that leaseholders be allowed to :hoose their own solicitors; provided '| hat, in the event of other than the wrough solicitor being chosen, a >srusal fee of 10s 6d be charged. Cr. Novell said his reason for this was hat the borough had to protect its )wn interests. This was seconded by Cr. J. G. Uornes, who said it seemed that the people at the Beach did not want a monopoly; but that, if the motion were carried, a monopoly would be riven to the two Waihi legal Arms. Cr. Bonnici: Cr. Hovell has given me a surprise. I did not know anything about the proposed fee of 10s 6d. Cr. Wrigley asked whether the council deemed the perusal of leases necessary. Cr. Hovell: Definitely. The council and the borough must be protected. To whom other than the borough solicitor can leases be referroi' NOT THE FIRST REQUEST The Mayor, Mr W. M. Wallmut, said that the matter of allowing others than the borough solicitor to prepare leases had been first brought up in 1937, and the proposal had beea defeated. In May, 1939, a deputation from the Beach Leaseholders* Association had made representations to the council, and it had been decided to adhere to the usual practice, the charge of £3 19s for the service being considered reasonable. Further, last November the borough solicitor had explained the position at a meeting of the Beach Committee; and it had been decided that he : should prepare Beach leases. So far j as he himself was concerned, said Mr j Wallnult, he had always adhered to j the principle that the borough solicitor should prepare all documents ou behalf of the council. If the borough 1 solicitor did not prepare Beach 1 leases, then the council should cer- ' tainly see that he perused leases ! drawn up by others. # MOVER INDIGNANT Cr. Bonnici: I want all the money spent in Waihi. Cr. Hovell gave me : a surprise when, he suggested a . perusal fee of 10s 6d. Haven't we i got enough confidence in the soliciI tors of the town ? Did we have to • pay a fee for the perusal of leases ; drawn up by the borough solicitor? | No; I say that the proposed perusal , fee is only a "gag." Unless reasonable suggestions are approved by this I council we are not going to get anywhere. I would not be a party to the | taking of any money "out of Waihi j I do not think I need say any more. The issue is plain; and I leave it to the discretion of councillors. The amendment was lost, its supporters being the Mayor and Crs. Hovell and Cornes, and the motion was carried.