MANGATARATA ROADS
OBJECTIONS TO RATING. NO LAND EXCLUDED.. Objections to inclusion in the Mangatarata roads loan special rating area by six landholders were heard by Mr F. W. Platts, S.M., at the Magistrate’s Court, Thames, yesterday. In each case the objection was struck out and the roll was signed. Mr E. L. Walton appeared for the Hauraki Plains County Council. Formalities Not Completed. The first case taken was that of H. F. Purnell, for whom Mr E. J. Clendon appeared. Mr E. L. Walton, for the County Council, submitted that the Court did not have jurisdiction to hear the objection because it did not comply with the regulations governing such objections.
Mr Clendon argued that these matters were trivial, but the magistrate held that he had no jurisdiction, as Mr Walton had submitted. The case was accordingly struck out. For a similar reason objections by R. A. Coxhead (Mr H. F. Purnell) and G. J. Coxhead were also struck out. Benefit ’of District. Miss Ivy May Marshall (Mr 11. F. Purnell) objected on the grounds that her land did not derive a benefit. The evidence led by Mr Walton showed that the proposed scheme included the metalling of the frontage of her farm, and in striking out the objection the magistrate said that the development of a district could not be held up by anyone who obviously derived a benefit. .Degree of Benefit. The objections, of Miss Jean Mildred Dalgety and of Donald Dalgety (Mr A. G T. Bryan) were taken together, being based on the contention that no benefit was derived as the scheme did not provide for the metalling of the road to their farms. Mr Walton submitted that it was not for the Court to decide degrees of benefit, and there was no provision for the classification of land according to the degree of benefit to be derived from roading loans. This view was upheld by the magistrate and the cases were struck out.
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https://paperspast.natlib.govt.nz/newspapers/HPGAZ19291211.2.13
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Hauraki Plains Gazette, Volume XXXX, Issue 5512, 11 December 1929, Page 2
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327MANGATARATA ROADS Hauraki Plains Gazette, Volume XXXX, Issue 5512, 11 December 1929, Page 2
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