LOCAL BODIES' RATES

Dominion, Volume 11, Issue 37, 7 November 1917, Page 8

LOCAL BODIES' RATES

AX IMPORTANT CASE. A case of particular interest to local bodies came before Mr, S. E. M'Carthy, S.M., in tlie Magistrate's Court yesterday, wliea the Lower Hutt Boruugli Council, tor whom Mr. E. P. Bunny appeared, proceeded against Dwan Bros., represented by Mr. K M. Boechey, to recover rates. Dwan Bros, are the owners of property at Lower Hutt, and prior to March, 19i7, not being satisfied with tho assessment value of the land, they applied for a re-valuation, which was made in due course. The owners still being dissatisfied with the value placed on tne laud, they lodged an objection, which the Assessment Court refused. Taking advantage of the. provisions of the Act, Dwan Bros, umde application to tho Government to take over their property in the borough at the value set upon it by the owners. After a considerable lapse of time the Valuation Department notified Dwan Bros, and the Hutt Borough Council that the Government was not prepared to take over the properties, and that the valuation has been reduced to the owner's valuation. In the meantime the valuation roll had been returned to the Hutt Council, which had framed its estimate on the values contained therein, and struck the rates for the year accordingly. It was contended to"r the Hutt Borough Council that it was bound to accept 'the valuation as set out in the valuation roll certified to by the Department and had no power to reduce the valuation on a property unless such • reduction appeared on the certified roll. Mr. Beechey stated that the amount involved was not large, but the case was brought as a test one, as a considerable number of property-owners were concerned. He submitted that the final reduction made by the Valuation Department on the property owned by' Dwan Brothers was part of the determination that was commenced prior to March, 1917. . The Magistrate reserved his deoi6ion.