Compensation Court.

Gisborne Times, Volume VI, Issue 225, 1 October 1901, Page 1

Compensation Court.

[By Telegraph—Press Association.] Napier, last night. The award in the Forest Gate compensation case was given this morning on the basis of £5 10s per acre for 8783 acres. Claimants asked £5 15s 9d, and the Government offered £4.

This claim for compensation for compulsory seizure was heard before Mr Justice Edwards and Messrs J. C. MeKerrow (for Government) and C. Elgar (for claimants) for assessors. Messrs Cotterill and Humphries appeared for tho claimants and Dr Ffndlay for the Crown. In opening the case, Mr Cotterill said the Forest Gate estate had been the property of the late Colonel Herrick, and was vested in Mr Sydney Johnston and MrJ.N. Williams as trustees. On the 23rd May, 1900, these trustees offered the property to tho Government for £4 10s per acre. Apparently time was taken to make the most careful enquiry, for it >vas not till the 18th September following that

tho Land Purchase Board replied offering

£3 17s 6d per acre. On tho 27th of the same month, the trustees wrote that they were unable to accept tho oiler, and on

the 4th October the Chairman of tho Land Purchase Board acknowledged, in another letter, receipt of the letter from the trustees, and added; “ I believe tho Government, if advised, would give£4 por acre. If the trustees agree to this, the Board will recommend the Government accordingly.” After consultation, tho trustees refused the offer, confirming

their refusal in a second letter of a subsequent date. On the 10th April of this year, tho Government gave notico that tho property would be taken under the Land for Settlements Act. Ho (counsel) did not propose to say anything with respect to any of tho items in tho claim with regard to interest, loss through disturbance, etc., because lie believed that some agreement would be come to between tho parties as to them. Tho only matter, therefore, he would deal with at that stage was compensation for the land taken, for which was claimed the market value to sell. It had been known that the property consisted of between 8500 and 9000 acres, and tho claim was based on 8777 acres, exclusive of roads and a block of 39 acres to which the Herrick family had no right except that of occupiers. Tho ques-

tion then was the value of the land, and the total amount of the award would be in accordance with the ascertained acreage. They claimed that they were entitled to

tho marketable price of the land at the time the requisition was gazetted. In order to maintain their claim they were only called upon to show that the land was of greater value than £4 10s per aero.

It was offered at £4 10s to the Government under circumstances which rendered it desirable at that time for tho trustees to accept the offer of the Crown. During the negotiations Mr Sydney Johnston wrote oil April Bth to tho Government withdrawing the property from sale, circumstances making it improper that the trustees should keep their offer of £4 10s afloat. The Government had intimated practically to the Laud Purchase Board that they wero prepared to give £4 10s per acre, the price the trustees had asked for the land.

Dr Findlay : Mr M’Korrow states that never has there boon any intention to offer more than £4 per acre. Mr Cotterill: My authority is Hansard, published under authority of the Government.

Dr Findlay: I object to that boing taken as evidence.

Mr Cotterill: Why ’?

Dr Findlay : Tho Premier has no power to make a statement binding the colony. He can’t mako an offer. The offer must come from tho Land Purchase Board. It is a novel way of bringing evidence. It imperfectly unauthorised, and is refuted by the only officer who can know.

Mr Cotterill: We must assume that the Premier of the colony was at the time speaking with a full sense of his responsibility. His Honor : Well,Mr Cotterill, it would be just as well to hear what it is. Mr Cotterill began to read a portion of the debate, when Dr. Findlay requested that the whole of it be read.

Counsel then road tho following statement from Hansard, No. 7, page 516, referring to the Forest Gate estate : Captain Bussell —I know it is considered extremely impropor to say anything against the administration of the Land for Settlements Act, but I have distinct views upon the question, and I shall not hesitate to place them beforo tho people, however temporarily unpopular they may be.

Mr Seddon—The honorable member has misrepresented.the Government.

Captain Bussell—l shall object to the lion, tho Premier being allowed to comment, except where he has been himself individually misrepresented. Mr Speaker—He is entitled to correct any misrepresentations of what he has said.

Mr Seddon—lt is a misrepresentation of the Government to say that they were turning out a widow. The widow’s trustees offered the land to the Government first.

Captain Bussell—l must be allowed to explain that it is perfectly true the widow was at one time prepared to offer the land, because she then had an opportunity of reinvesting her money in another property ; but the Government refused to take her offer at the time, and her opportunity of purchase lapsed ; and they afterwards said because she bad offered it once

they were going to take it when they chose. She had an opportunity of making what 1 know myself would have been a good investment ; but because the Go vernment would not purchase her land, that opportunity fell through, and then the Government insisted on taking the land when it did not suit her.

Mr Seddon. —The price the .trustees offered the land at, the Govenment were prepared to give her, and then they altered their minds and asked to withdraw it.

Dr. Findlay : That doesn’t state £4 10s per acre. . Continuing his opening address, Mr Cotterill said they would not take the returns of the property as part of their case, but upon a basis of the sale of the property as a whole, as a sheep run. They would show absolutely without question that they had been in a position to realise at £5 15s 9d per acre. Forest Gate was situated at tho edge of the Buataniwha plain, coming through after leaving Takapau railway station, south-west of Waipukuvau. in the direction of the Buahme hills on the inland side, distant about ten miles from NVaipawa. It was divided into four blocks, with three tongues of undulating hills which van down this plain, and each was separated by valleys through which in each case the public road ran. Thea rea of each of these blocks was practically the same, eaeh comprising a little over 2000 acres.