ALLEGED ILLEGAL WATER RATE.

Franklin Times, Volume 9, Issue 759, 8 September 1922, Page 4

ALLEGED ILLEGAL WATER RATE.

PROPOSED SUPREME COURT f ' INJUNCTION. TO RESTRAIN BOROUGH COUNCIL FROM DEMANDING RATE. At last Monday’s meeting of the Borough Council the fallowing letter was received from Mr H. G. R. Mason •Referring to the rate demand issued in respect of my property in Prospect Terrace the water rate therein levied seems to fre illegal as not being in accordance with section 48 (d) off “The Rating Act, 1908,” and I propose to instruct my solicitor to apply to the Supreme Court for an injunction restraining your Council from demanding the rate. I do not know that any good can be by mentioning this intention, but I do so as a matter of courtesy in order that your Council ma/ be surprised by receipt df the papers in the matter.”,—Yours faithfully (Signed) H. G. R. Mason. The Mayor mentioned that |he papers were before them and he read the documents to the Council. H 6 stated that the contention was that the Council icould only levy a water rate of equal amounts on the annual' ' value, which meant the one and: same rate right through. 'The Town Clerk had written to the Municipal Association’s solicitor (Mr J. F. Martin) for an opinion on the matter. The clerk’s action was endorsed. Cr Hamilton moved that the matter be referred to the Borough solicitors, the Mayor to confer with them on (the matter, Or Patterson seconded pro forma* and contended the Council should wait and see what Mr Martin’s opinion was. / The Mayor said that it would be necessary in any case to have a defence compiled. No doubt notice of * intention to defend had to be given so many days after the receipt of the statement of claim. He pro-> posed to see the Borough solicitors upon his return !to Auckland. If Mr Martin’s opinion was against the action of the Council, then to save money it would be necessary "to withdraw and strike a new water rate. The motion was carried.