RATES ON NATIVE LANDS

Dominion, Volume 11, Issue 4, 29 September 1917, Page 2

RATES ON NATIVE LANDS

-e • I IMPORTANT DECISION. Ilesci'veti judgment was giv.in yestsrda.y by Jlr. S. K. Jl'Carthy, fb'.M., in the Magistrate's Court in an iniportn.nl. enpe involving Hie question of lates on Nativo lands. The l'elone l-torougli Council proceeded against To llannmiilaka and Hohua Wnrona for tlio recovery of .£lO7 16s. 7d. in respect of certain Native lands. In his judgment the Magistral)! said that the legality of the rates sued for was not questioned, but it was contended that, the suit was not instituted within the statutory period as to at least some of Iho rales, wliica wore all mado payable on September 30 in each year.. There were'four sols of rales sued for, one for 1013, Ihe second for Mil. tho third for 1915, and the fourth for 1918. The plaint was not laid and tho summons not issued until June 0, 1917. His Worship referred to the various soclinns of the Rating Act dealing with Native lands, and said that, it would bo necessary to determine whether- Section 13 of tha Act of 1910, and Section 12 of the Act of 1913. affected rights in procedure. If they affected rights they could not apply to rates struck before either of the statutes in question came into operation. It was clear to him that these wero procedure sections, and in such cases the rule was that 'unless the contrary was expressed a statute dealing with procedure applied to all actions whether commenced before or after the passing of the statute. It might be said that the Bating Act was a taxing statute, and that the rule of strict construction should applv; but Sections 12 and 13 cf the: Acts of 1910 and 1913 did not affect to impose grenter burdens on, or to relieve Native lands from, taxation, but to extend the time • in which rates on Native lands may be sued for.

The Magistrate held that the plaintiff was entitled to recover the full amount claimed, and judgment was given accordingly.

Mr. 0. Beere, who appeared at the | hearing for the defendants, pointed out that by a section in the 1913 Bating Act ', Amendment extension of time did not apply to Nativo land held by only one ■ owner. This was the main point in dispute, and counsel submitted that it had been overlooked by the Magistrate. ~ Mr. M'Cnrthy said ■ the question wonldt not be materially affected by. the point . raised. Mr. Beere: I would like to point out that it was the only point .in question. Mr. K. C. TCirk represented Ihe Pctimt. ' Borough Council at the hearing.