CROWN LANDS.

Hauraki Plains Gazette, Volume XXXVII, Issue 4951, 15 March 1926, Page 1

CROWN LANDS.

QUESTION OF RATING LIABILITY.

LEGAL .OPINION OBTAINED. At last month’s, meeting of the Pacroa Borough Council tire question of the council claiming rates from persons using Crown la/nd areas was discussed. Tire (subject, arose out of theacquisition of the Rawhitiroa reserve by the council from the Crown, and whether the person using the reserve for grazing purposes was .liable to the council ' for rates. Although the Mayor (Mr W. Marshall) ruled that the user of the reSjerve was liable, it was agreed to obtain a 'fur,then opinion.

At Thursday’s meeting of the council the following opinion wais’ submitted by the borough solicitor : — ' “I. find tha,t Crown land is not rateable unless there is an owner or occupier as defined in ,the Rating Act. “Occupier” is defined, as. the person on whose behalf any rateable property is actually occupied, if siuch person is in occupation by virtue of a tenancy that was for not less than six months: certain, and as to rateable property occupied by virtue of a tenancy not coming within the above description, and also in. the case of unoccupied rateable property, means the owner of same ; and as, to lands of tire Crown, whatever may be the term of the tenancy thereof, means the lessee or licensee thereof. It is, therefore, clear that the occupier Of Crown lands under the circumstances mentioned would be. held, under any form of tenancy whatever, liable for rates. Even in the event of there being no recognised tenancy, that is to say, as, created by the payment of rent,' and with no form of lease of any description, he 'would stilb be lia.ble as, occupier, -.for he would be a tenant at will.”