THE Hauraki Plains Gazette With which is incorporated THE OHINEMURI GAZETTE. Motto: Public Service. MONDAY. WEDNESDAY. & FRIDAY. MONDAY, MARCH 5, 1923. MINING REVENUE.

Hauraki Plains Gazette, Volume XXXIV, Issue 4535, 5 March 1923, Page 2

THE Hauraki Plains Gazette With which is incorporated THE OHINEMURI GAZETTE. Motto: Public Service. MONDAY. WEDNESDAY. & FRIDAY. MONDAY, MARCH 5, 1923. MINING REVENUE.

The attitude of the Mines Department in regard to rents from people who have acquired the freehold of mining areas, as set out in a letter appearing in to-day’s issue,, is difficult ■to understand. Mining privileges are held over certain lands in the,Goldfields area, and the rent from those privileges go to the local bodies as part of their ordinary revenue. Upon acquiring the freeholds of these lands, however; the owners, claim that they are entitled to the mining rents. The position is somewhat vague. In the opinion of the Crown Law Officers any moneys derived front the privileges should go to the local bodies. The Warden differs on that point, and has advised the' Treasury in the meantime to impend the rents pending some definite settlement of the (jiuestion. Ft. is, of course, apparent that there is some flaw in ‘the Act of 1908, allowing of a - varying interpretation, hence the deadlock. In a previous communication the department intimated that they purposed taking an action to clear the question up, and suggested that local bodies —and, apparently, the Ohinemuri Council in particular—should cite a case with a view to having the question decided in the Supreme Court.; The total amount at present due to the Ohinemuri County in this connection is £l6 odd, so that it would be little short of ridiculous for the council to involve itself in a legal action that would probably cost/more than all the mining rent revenue in sight—or likely to be for some time . It is quite obvious that 'the rents should go to the local bodies, as ruled by the Crown Law Officers. But why should a local body be asked at its own expense to cite a case for the purpose of testing any particular legislation ? It should not., of course. If the legislation is doubtful, and lea.ves a loophole through which money rightfully due to a local body can be diverted to a private owner, it should be remedied. Mining rents vary, though probably averaging somewhere in the neighboburhood of 7/6 per acre, ami if the position is not made clear what is to prevent a person acquiring land that is useless for almost all other purposes and obtaining a profitable return from the mining privileges ? The- uncertainty is creating a dangerous position, and should be remedied forthwith, but not by a local body. If the position was not so serious, the department’s suggestion might be regarded as humorous. “Here,” the department says, in effect, “ is a piece of faulty legislation. Please go to file expense of a Supreme Court test in order that it may be rectified."