COUNTY RATING QUESTION

Gisborne Times, Volume XXV, Issue 2161, 17 August 1907, Page 4

COUNTY RATING QUESTION

A UNIFORM RATE LEGAL

, uiuded in tlio outgoing corrosim,hli no'c nt tin' Oount.v Council meetvcstcnlii.v was one from tho Cluiirma’ii", in the Council's solicitors, asking tlioir opinion on the subjoct of striktn■ r, a vi le. \'v. Lysnac objected t'o the terms of the loiter, on 111.' ground that tho position, :u discu.sod at last mooting, Ivas not r.eoumti'ly stated. Tho Chairman said it sot out what; tho Counc’l wanted to know. Or. Matthews: Does Cr. Lysnar none as our legal advisor? * (!r. Lvsnnr and the Chairman continued the argument IV." sonio time.

sVuli ik:* not pub beroro tho solicitors' properly, tho opinion would not ho worth the paper it was written on, declared tho former. Cr. Matthews, restless from tho start, rose to a point of order. Mas this sni> met to drag on for ever. When the rates wore being struck was the proper time to discuss it. Cr. T.ysnar said the Council had been following the wrong practice. This was not. mentioned at all in tlio letter. ...... The Chairman: You say most things are wrong. Yon can move a vote of censure if you wish. I will give you every opportunity. Proceeding lie referred to tlio minutes to show the letter met the resolution of the Council. Cr. Lysnar did not want to go so far. “What I say,” ho added, ‘is that no mention is rnado of tlio position of the respective ridings. Not a word is said about the overdrafts. The Chairman called for the next business. Messrs. DoLautour, Barker and Stock wrote: “In answer to the questions contained in your letter of the Ist hist., we have to'advise: (1) It is lawful to strike a uniform general rate in tho several ridings of tho County in order to meet tho general expenditure required to be provided in such ridings respectively. An estimate or forecast of tho County receipts and expenditure for the year, and an apportionment of the gross County income is all that is necessary in order to arrive at what uniform rate is required to cover tho general expenditure for the year. (2) All the expenditure provided for in the estimate being general expenditure, the rate required to meet it in each ridmg must be uniform throughout the County, because it has to be a proportionate burden. It is not necessary that the amount of rates contributed by each riding should bo expended within each such contributing riding. (3) The construction of main lines ol roads, bridges, or culverts out ol moneys provided by general rates is cast by section No. 149 of the Counties Act, ISS6, upon the general rates, and so falls proportionately on the amount of rates contributed by cacl: riding. The liability and the burden alike are uniform and the Council is acting correctly ill making provision for all such works, out of the genera rates. The amount of benefit eacl riding may or may not receive fron general expenditure has nothing t( do with tho question. What has t< be considered is the proportional burden, not tho proportional benefit

“Appreciable special expenditure may in the case of some ridings some day have to be provided for, but this must be some expenditure other than “general expenditure” as defined by section 145 of the Counties Act, When it does arise a higher rate may be required i in such ridings. The whole matter was exhaustively discussed and settled by the Court of Appeal in the very recent case of the Chairman. Councillors, and inhabitants of the County of Hutt v. Wanford, reported in 25 N.Z.L.R., 1906, page 65. In answer to your query as to the mode of striking the rate we tliin'k it would bo sufficient if a resolution is-passed by the Council stating that a rate of —d in the £ be struck in each of the respective ridings (naming them) of the Cook County. Cr. Lysnar wont on with his contention that the opinion was of no aid, as a correct case had not been stated. The solicitors had not been informed that the overdrafts of some ridings made an aggregate of close on £9OOO. The solicitors were only told a rate of one-penny was in force. Cr. Matthews asked if the discussion could not ho stopped, until the rates were to be fixed next meeting. The Chairman: If a man wants to speak it is a hard matter to stop him. It is a waste of time but I am afraid we must submit to it. Cr. Lysnar referred to the amounts overdrawn. This altered the position as to the uniform rate. The Chairman saw no necessity for going over the details again. If the Council raised a penny rate and expended that) sum it met the case. Cr. Matthews: The ridings are overdrawn because of the maintenance of main roads. Cr. Lysnar said all ho wanted was to strike a separate rate for each riding, and the Council should do it. If a penny was sufficient well and good. The Chairman said this was verbiage. Was it necessary to have separate resolutions for each riding if the rate were uniform? Cr. Lysnar said the auditor would have something to say ,in future if the Act were infringed. A general rate could only be struck for maintenance and with a separate rate for each, riding according to its needs.

Cr. Matthews remarked that this constant quibbling was distracting. The Chairman: Probably I am as much to blame. I asked a question. Cr. Lysnar said ho did not call it quibbling to object to having £BOOO or £9OOO of other ridingß’ money taken. The next business was proceeded with.