DRAINAGE ACT MUDDLE.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5195, 26 October 1927, Page 1

DRAINAGE ACT MUDDLE.

FORTUNATE HAURAKI BOARD.

EFFECT OF CLASSIFICATION.

When the classifier for the Hauraki United Drainage Board recently classified the lands of its ratepayers either wholly as “A” or wholly as “B” and did hot divide the land of any farm into two or more classes, and wlhep this system was upheld by the magistrate., despite some 40 appeals, the Hauraki United Drainage Board was saved from a state of utter confusion which now confronts all other drainage boards as the result of a decision given in the Magistrate’s Court, Hamilton, on October 4‘. It has been the practice for years for drainage boards to insert in theh ratepayers’ lists required by section 6 of the Land Drainage Act the total area and Government valuation c± sections, portions of which are classified as A, B, or C. In making up the rate-books the values of the land to be rated have been fixed by averaging the Government value per acre upon the total valuation given in rolls supplied by the Valuation Department. At the Magistrate’s Court at Hamilton on October 4 this system was successfully challenged. The magistrate held that the drainage board must obtain from the Valuer-Qeneral, and enter on the ratepayers’ 1 ist } values of the respective pieces of land in each class, i-e., A, B, and C, and show only these lands on the list.

This in practice meansi that the ratepayers’ list is a replica of the classification list, but with separate valuations shown. In the opinion of the magistrate this is what the Act inteinds to be the interpretation! °f “Property within the district liable to be rated under this Act,” as set out in siection 6 of the Act.

This decision me,ans that in cases where rating is on the capital value the rate to be struck will be so high that in most cases special permission will have to be obtained, probably by amending legislation, to enable boards to carry on. The security given for loans is also likely to be upset, for special rates struck will not be adequate. In rating on unimproved value the, disorganisation will not be so great.

As most boards have by this time compiled tlheir ratepayers’ lists for the current year the decision is a most, important one, likely to have far-reaching effects and producing chaos in drainage board managem ejit. In effect it means that lists drawn showing any other than actual values for the respective A, B, and 0 classes (even if they have been signed by a magistrate) will probably be useless to support a claim for rates through the Court.

This is as the Te Rapa Drainage Board understands the position, and it points.out that the following proceedings will be necessary : The board must have a classification prepared Showing clearly on a plan the; classification of all lands within its district ; the Valuer-General must upon this plan value each piece of land separately and enter the values in the valuation roll supplied to the board. These assessments, of coursei, shall be open to objection in t,he usual way. When the figures, are finalised the board would then have to ascertain what rates, special and general, are. necessary, and apply to Parliament to permit the striking of rates largely in excess of those already made under the statutory limitations.

The expense of such a system aa laid down by the Court would b® colossal, and the disorganisation and hardship such that general confusion would result.

It appears that the 'Government must either permanently validate the existing system or givdl temporary validation to enable boards to parry on for, say, two or three years. In any case the Valuation I Department, State Advances, Public T rustee, and others will reiquire time to make adjustments.

To meet the great expense involved in making plans and maps, paying for valuations, and contesting classifications, etc., it would appear necessary that some special officers "be allotted to this work at the public expense. As it is impossible for drainage boards to carry on if this decision is enforced, it appears necessary to immediately approach the Government and request protecting legislation.

This has been done by thq T<e Rapa, Mangawera, Woodland, and. '.Eureka drainage boards.

In acknowledging receipt of this letter from the Te Rapa Board - the clerk of the Hauraki United: Drainage Board pointed out that the system of rating on an acreage basis would ob’" viate the difficulties referred to. When the matter came bejfore the Hauraki United Board on Friday, members commented that ttie board was very fortunate indeed J,n being out of this trouble.