SUPREME COURT

Dominion, Volume 12, Issue 5, 1 October 1918, Page 3

SUPREME COURT

RATING PROBLEM

WILFORD SETTLEMENT LAND

In the Supreme Court in Banco .yesterday His Honour the Chief Justice. Coir ltobeii Stout) heard the case of Pe.ter Sliarpe, of Poton'e, farmer, appellant, and the Hutt River Board, respondent. Mr. H. E. Evans appnured for the appellant, and Mr. 15. P. Bunny for the respondent.

This was a case on appeal from the judgment of Messrs. George Albeit Chapman and Andrew Yates Lees, Justices of tlip Peace, given in the Magistrate's Court, 1/oiver I-Jutt, on August 7 htbt. Jn the Lower Court the plaintiff, the Hutt Hiver Board, claimed floin the defendant Sharpe the sum of £4 ss. fid., being rates due to the plaintiff board on December -1, 1916, mid the sura of £4 11s. .(id. for rates due on December 1, 1917, by the defendant us occupier of part section. 8, Hutt district, particulars of which had boon supplied to the dofeiidant in two demands on tho respective dates. At tho hearing, , it was proved or admitted that all .matters incident to thy compilation of the valuation, roll, and the. ranking 'off the rates referred to had been duly carried out in accordance with law. The appellant's name was entered in the ratebook asjhe occupier of the land. The laud in question is part of the AVilford Settlement, which was acquired by the Government. Sharp?, who had been in oocupation of the land prior to tho acquisition by the Crown, was allowed to remain iiL occupation of tho parts unsold, at a rental of 30s. per week , , from week to week. On December 22, 1915, Sharpe was granted by the Wellington Land Board a permit to graze, and to occupy the bouse on the land at a rental of £190 per annum, on a yearly tenancy, subject to six months' notice of determination

It w.is contended on behalf of Sharpe that he was not the "occupier" of tho land for the purposes of tho Rating Act, 1908, in that either (a) the said land being Crown, land, Sharpe ■ was not the lessee or licensee thereof, or (b) if Sharpe was duly holding the said land under the grazing permit, then under section W of the Land Laws Amendment Act, 1914, he was not the ' occupier" of tho said land within tho meaning of tho Hating Act,. 1908. The Justices of the Peace pave judgment in wivuiir of the Hutt JBiyer Board for the amount claimed, with coßts, and held that Peter Sharpe was the occupier, inasmuch as he not only occupied tho land, but was also the person to whom the permit was granted.

1 After hearing argument His Honour rf-beivedj his decision.