RIVER BOARDS.

Hawera Star, Volume XLVIII, 20 November 1924, Page 7

RIVER BOARDS.

RATING POWERS QUESTIONED,

ACTION IN SUPREME COURT

(BY TELEGRAPH —PRESS ASSOCIATION. PALMERSTON N., Nov. 20. An action of ifiterest to local bodies and drajnage riyer boards in particular claimed the attention of the Supreme Court when James Kyle, farmer, Fitzherbeft East, proceeded against the Palmerslon North River Board, seeking a motion and writ of mandamus ordering defendant to classify rateable land and seeking a writ of injunction to restrain, defendant from enforcing payment of rates:

Plaintiff set out that defendant had demanded rates from him totalling over £ll, or had issued a summons for the same, but prior to levying the rate the Board did not classify the rateable land in its district in accordance with the Act. Plaintiff in consequence alleged that lie iiad had no opportunity to object to the rating of his property, and therefore claimed the writs as stated.

Thp Board.set out the rate duly on tfie property struck in accordance Avith the Acts, and denied, having failed to classify the laud or denied plaintiff an opportunity to object to the classification of his land made by the Palmerston and Kairanga River Board. Prior to being abolished by virtue of the provisions of the Reserves and Other Lands Disposal Public Bodies’ EmpoAvering Bill, 1920, the defendant Board was entitled to levy rates according to such classification. Plaintiff had had ample opportunity to object to the rating. Counsel stated that the parties had agreed to most, of the facts. What re mained was iegal argument as to th rights of the classification alluded to in the statements of claim by the defence.