NATIVE RATES.

Hauraki Plains Gazette, Volume XXXIX, Issue 5308, 3 August 1928, Page 2

NATIVE RATES.

CLAIM BY BOROUGH COUNCIL.

CASE STRUCK .OUT.

At the’ Magistrate’s Court, Paeroa, yesterday, before Mr F. W. Platts. S.M., a c.P’e of considerable interest was that in, which the Pa.eroa Borough Council (Mr C. N. O’Neill) proceeded against Riehitoto Mataia Nicholls (M 1 ’ E. C. Blomfield), of Paeroa. claiming rate's due on land known as, Opatito B. sections 8, 10. 13. 15. £8 10s 6 ; Opatito B, section 17, £1 8s 51; Opatito C, sections 1 to. 14, £2O 6s; Opatito R-. £245 14s 7d ; ma,king a tota,l of £275 IPs 6d.

Mr Blomfiehl, in opening for the defence, raised a preliminary objection. an.d contended that the magistrate. had no jurisdiction to hear the, case. The' main Rating Act. of 1908 provided that rates could not be sued for in the matter of Native land. The land in question was .a, block of Native land owned by Mrs Nicholls. A number of years back the land was situated in the Thames County, and in, consideration of Mrs Nicholls giving land for roading purposes the' county had given an undertaking that the land would not be rated. When the Ohinemuri County took over, the la,nil was rated, ami subsequently the. Paelot Ber'ough Council took over and used the, roads which had been formed on the defendant’s land. Over £lOOO had been paid, but being un,able. to caj’ry on, she petitioned Parliament and had a year’s rates remitted; Later on shie again approached Parliament on account of hen inability to pay rates. In May, 1925. the. property was purchased by the Native Lands Department, and defendant, forwarded •a cheque to the council for the amount then owing for rates. There was a special procedure prescribed in tire. Rating Act which covered the point that the Court ha,d no jurisdiction to. adjudicate iix the case. Counsel quoted and dilated.’ on various sections of the Act referred to at some length.

For the Borough Council Mr O’Neill submitted that the history of the Act provided for relief to municipalities in. the collection of Native ra.tea In 1910 the Native Land Court had power towards charging orders. anil 1 that provision had remained unaltered. In 1913 the term of charging orders was extended to four years, and provision was inadfe for dual collection as well as providing for the right to object to the levying of ija.tes. Considerable time was spent in legal argument "as to cthe operation of tjie Rating Act in relation to the claim for rates and the quef-tion of the competency of the Court to give a decision. $ In summing up, the magistrate referred at length to th|p. Act, and said that 'Under the circumstances it was cle,ar that the proper place to take the case- was the Native Land Court. However, in vte'w of the facts of the case in relation' to the Act, it would bc> unwise to do so. He would hold that the Magistrate’s Court had no jurisdiction, and the case- would aeeordingly be struck out. Solicitor’s fee of £8 8s was also a.warded defendant.