COURT CONFIRMS VALIDITY OF RATING POWER

Chronicle (Levin), 9 July 1946, Page 3

COURT CONFIRMS VALIDITY OF RATING POWER

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WLLIJNGTON, July 8. The r.ower ilutt City Council sought a detdaralory judgment from tho Lourt of Appeal to ascertain whcthcr its in- ' tcntion to slrike a rute on the annual value and the steps leading thereto were valid. 'J'he questions the Court was asked lo deternuno were: — 1. Wliether the Lower Ilutt City ' Council, a poll having been conducted pursuaut to Mection 44 of the Itating Act, 1925, rcscinding the previous pro.PQsal adoptiug ^iatmg ^pn ^he.^ uqyn-j proved value, sucli poll being conducted and duly declared in .September, 1915, could by rcsolution of thc council passed in Octobcr, 1945, pursuant to Section 4 of the Kating Act, 1925, validly deteruiiue that the systcm of rating oji the annual value shall bo in i'uree iu the district as froni April 1, ! 1940. 2. Whelher, in such circumstances, a valuation roll prepared and transmittod to the council on or bcfore January 15, 1910, in aecordance with Mei'tion.s 7 and 8 of the Jlatiug Act, 1925, is validly available to the council for the carrying into oilect of the rcsolution referred to in ({uestion 1. ;>. Wliether the requirements of Section 44 (2) of tlie Ilating Act, 1925, ; are satisiied if the ehairman of the ; eonneil causes the result of tho poll to bo publishod in tho samc manner as is provided by Section 42 of the Act in tlie cuse of a poll, or whether the section requires a notice over the signature of the chajrman himself. The Court, which comprisecl the Chief .Tustice (Sir .Michael Alyers), Mr. Justicc Blair, Mr. Justice Johnston, Mr. Justice Fair and Mr. Justice Cornish, lias given a unanixnous decision answering all tliree questions in thc aflinnutive. The elTecl of the decision is that the i Lower Hu'tt City Council could, by rcsolution, validly determine that the system of rating on the annual value should be in t'orce in the district as . from April 1, 1940, and that thc vaiua1 ti on roll prepared and transmittcd to ' the council on or before January 15, 1910, is validly available for carrying thc council 's resolution into ell'ect. The' Court also lield that the requirements of the Kating Act had been compliod with in rcspect of tho publication of. the result of the poll.