MAORI LAND COURT.

King Country Chronicle, Volume II, Issue 94, 7 August 1908, Page 5

MAORI LAND COURT.

Sitting at Te Kuiti. A sitting of the Maori Land Court was opened at Te Kuiti on Tuesday last, before Chief Judge Palmer and Judge Reeve. The compensation claim against the Railway Department in connection with the taking of a portion of land, leased by W. Lovett from Native owners, for quarry purposes was heard. Mr. Northcroft and Mr. Franklin appeared for Mr Lovett and the owners, and Mr. Prendergast represented the Railway Department. Mr Northcroft in opening. stated that Lovett leased a block of land from the Native owners about two years ago at a rental of eighteenpence an acre for a term of twentyone years, with the right of renewal for a further term of. 21 years, at a revaluation. In addition the owners were to receive a penny a yard royalty on all limestone taken from the property. Lovett established a crushing plant and supplied metal therefrom to various local bodies. There was a railway siding and branch line into the quarry, and Lovett paid about £3OO to the Government for the line. Lovett estimated his profit on the output at about one shilling and sixpence per yard, but owing to his being dependent upon the Government for the facilities to get metal away, and to the possibility of those facilities being withdrawn, he claimed at the rate of sixpence per yard for the limestone in the portion of the land taken by the Department. The area taken was roughly fifteen acres and was estimated to contain a million and a quarter yards of metal Lovett's claim was about £32,250, and the Native owners about £5,250, computed on the basis of one penny a yard royalty. Evidence in support of the claim was given by Irwin Lovett, manager of the quarry, who produced a statement showing the estimated cost of working the quarry, and assessed the net profit per yard of metal at Is 5J4. William Lovett, the claimant, verified his manager's estimate of profit. With regard to the bluff taken by the Department, he had intended putting in a larger plant, and working from it. The place where he was working at present would shortly be too expensive to continue working on account of the stripping that would be necessary, In cross-examination the -'claimant stated he kept no separate books showing quarry transactions. Expert evidence for the claimant was given by r Mr P. P. St. Hill, S. B. Sims", R. C. Jordan, and W. H. Mandeno as to the amount of stone, in the property taken, the value of the metal, and the cost of working. W. W. Baker estimated the value of the land at £3O or £4O an acre for agricultural purposes. W. Lorigan valued the property at £3O or £4O per acre for residential sites. The case for the Department was outlined by Mr Prendergast, who stated that his witnesses would show that in view of the surrounding circumstances, the stone in the property was practically of no value. The quantity of stone in the locality was unlimited, and the conduct of claimant's business depended upon facilities granted by the Railway Department, which could be withdrawn at any time. Compensation to the

owners and lessee should, therefore, be based upon the value o£the 1 ! .nd. .Evidence as to value was given by F. G. Ewington, land agent and valuer, of Auckland, who assessed the value of the property to Mr Lovett as follows : —Bs 6d per acre profit on lease, £;'s lOs ; building and fencing. £6O ; loss of water £75 : making a total of £2lO 10s. The owner's interest he assessed at: — Present value of Is 6d per acre (capitalised), £l3 4s ; reversionary interest in land, £/5 Us 3d ; loss of water £75 : making' a total of £l5B 15s 3d. The value was based on surrounding conditions. Limestone was unlimited in quantity in the locality ; railway facilities could be withheld at the pleasure of the Department; and other limestone properties could be obtained by paying surface value for them. Similar evidence was given by Messrs Esatn, Bankart, Garret, Peacock, Vaile, Ncwcombe, Dnncan and Ellison, the values in each instance being fixed at practically the same amounts. D. J. Mackitosh, District Railway engineer, gave evidence as to the value of the stone for crushing, and detailed the steps taken to acquire the property. Expert engineering evidence was also given bv Messrs E. H. Hardy and T. Burd, (District Roads' Engineer) and H. R. Cook, to show that the amount of profit claimed to be made by Lovett was exceedingly high. The examination of witnesses was concluded at mid-day and Counsel's address was proceeding as we went to press.