AN IMPORTANT DECISION

Hauraki Plains Gazette, Volume XXXX, Issue 5384, 6 February 1929, Page 3

AN IMPORTANT DECISION

lIUAINAWE CLASSIFICATION.

ONLY ONE LIST PERMISSIBLE.

A decision of. Dominion-wide importance was given by Mr Wyvern Wilson, S.M., in the Morrinsville Court on Thursday, when objections te : the classification list of- the Tauhei Drainage; Board were being heard. The board had recently raised a sum of £4900 by way of special loan for a comprehensive drainage scheme within its district, and a special classification list of the land within the beard's area was prepared as the; basis of rating for the interest and sinking fund on the loan, At the same time a general classification list of the land within the board’s area was prepared as the basis fofr general rating purposes. His Worship held that thep-e could be only one classification list in existence at ope time in any drainage district. Af.t,er the magistrate had gven his ruling Mr McGregor quoted a passage from the Gazette Law Reports in the case of the Western Taieri Land; Drainage Board v. Gow, in which His Honour Judgje Sim held: “The concluding words of section 35 of the Land Drainage Act, 1908, make it clear that, speaking generally, there can be only one classification in force in a district at one time.” This decision was in conformity .with His Worship’s ruling. At this stage the Court jvas adjourned and a conference of solicitors was held, also a meeting, off the Drainage Board to consider the pew sltuar tion created by the magistrate’s decision. ( Op resuming, Mr McGregor intimated, on behalf Cjf the board 1 , that both Hats would be withdrawn in the meantime, and one fresh classification list prepared in accordance with the Act.