PUKEROA RESERVE

Rotorua Morning Post, Volume 2, Issue 490, 25 March 1933, Page 5

PUKEROA RESERVE

ROTORUA'S RIGHTS MOOTED CONTROL TRANSFER RAISES INTERESTING POINTS NECESSITY FOR REVIEW The recent announcement made by the Minister of Health, Hon. J. A. Young, stating that the Government proposes .shortly to put into effect the recommendations of the National Economy Expenditure Commission in connection with the transfer of various Government controlled hospital. institutions to the hospital boards in their immediate districts, raises once again the question of the Pukeroa Recreation Reserve and the rights which the people of Rotorua have in that area. j This is a very much debated quesj tion, and one which has received a I considerable amount of publicity from I timo to time. I Even to-day there appears to be | a considerable element of doubt as to | the authority in which the control and administration of the reserve is actually vested. In view of the announced intention of the Health Department to transfer control of King George V. Hospital, it is probable that the matter will once again receive a large share of public attention, and it should be of interest to review the position as it stands. Gift By Maoris The Pukeroa Reserve is well known to the older residents of Rotorua as the former sports area of the town, and very many historie battles have been waged on this field. It is a natural sports ampitheatre and is one of which any borough may well be proud. The reserve originally was given to the people of Rotorua and visitors to the town by the Ngati Whakau e hapu of T,e Arawa tribes. The gift of the reserve was made in the days before the Tourist Department assumed control of the town and the area was, therefore, administered by the old Town Board. Later, however, when the Tourist Department took over control, an Order-in-Council was gazetted on March 12, 1908, bringing the reserve undor..the provisions of the Tourist and Health Resorts Act, 1908. War Emergency Later still, however, during the war years, when it was found necessary to erect a hospital for the special treatment of war cases, the use of the area was granted to the Defence Department in terms of Section 27 of the War Legislation Act, 1907. At this time, in order to compensate for the loss of the sports area to the town, it was agreed that a sum of money should be expended by the Government in the clearing of that portion of the Government "Grounds which is now occupied by the crieket and athletic ground. With the erection of King George V. Hospital and subsequemt additions, the control of the area virtually passed into the hands of the Defence Department and the j Health Department, but it is clear that this control did not in any way void the condition of the trust by which the reserve was originally granted, i.e., for the public use and' enjoyment of the citizens of Rotorua and visitors to the town.

From time to time, legal opinions have been obtained on the snbject, and the question at issue now appears to be whether the area is in fact vested in the citizens of Rotorua through the Borough Council, or is held by the Tourist Department under the Order-in-Council of March, 1908. The point was raised in 1922 by the Rotorua Chamber of- Commerce, which after some correspondence with the then Minister for Tourist and Health Resorts (Hon. W. Nosworthy), secured the following opinion from the Solicitor-General, dated November 12: — "The Defence Department does not contend that the land in question is Crown land to be used for any purpose the Crown desires as suggested in your letter. On the contrary, the land is set apart and dedicated for public use as the Pukeroa Reereation Reserve. On March 12, 1908, an Order-in-Ooun-cil was gazetted bringing the reserve under the provisions of the Tourist and Health Resorts Control Act, 1908. During the war it beeame necessary to use the reserve as a military hospital, and this " was carried out by the Defence Department in terms of Section 27 of the War Legislation Act, 1907. This emergency, of course, does not and cannot affect the trust on whicbi the reserve is held, i.e., for public use and enjoyment."

Legal Opinion In a legal opinion appended to this statement, the legal adviser to the Chamber (Mr. M. H. Hampson) , stat- • ed : "This clear and definite expression of opinion from the chief law officer of the Crown concludes the matter, and makes it clear that the Tourist Department cannot do more than permit the Defence Department to put up purely temporary buildings. The Crown clearly admits that if these temporary buildings are to remain permanently on the Pukeroa Reserve, then this will be contrary to the permanent trust on which the reserve is held, i.e., for public use and enjoyment. Mr. Nosworthy states that the Pukeroa Reserve was 'parted with' by the Department to the, Defence authorities. It is quite clear that the Tourist Department has no more than a mere right to allow the Defence Department temporarily, for emergency war measures, to assume control over the reserve, . Now that the special reason for that emergency has gone, it is clear that the original permanent trust on which the reserve was held, should be maintained." This legal opinion and others suhsequently obtained, definitely contend tbat the reserve, by virtue of the terms of the gift, is vested in the

people bf Rotorua. On the other hand it may be held that the terms of the Order-in-Council gazetted in 1908, placed control in the hands of the Tourist Department. In view, however, of the opinion . of the Solicitor-General, quoted above it appears evident the Crown does . .. not dispute the fact that the reserve was given for reereation purposes and for the use ?md enjoyment of the • people of Rotorua. The recently expressed intention of the Department of Health, however, points to the probability of this department asking the Waikato Hospital Board, as tho local hospital auth-ority,-.to assume control. The point imffiediately arises then as to whether in fact the Health Department has this wright, and it appears plain, in vieyr of the opinions already quoted, that it has not now, and nevei?. has had, such rightPosition of Hospital So far as can he ascertained, no direct representation on the subject has so far .been made to the Waikato Hospital Board, which has, therefore, had no opportunity to defino its attitude It is understood, however, that a suggestion has been made that . . in the interests of economy, and to prevent overlapping, a small general hospital should he erecled in the town, and the present institution closed down. ■ , .. • At the present time, the. Waikato Board eontributes approximately ;5s per head per day for each patient adniitted to King George V., but it has actually no voice in the administration of the institution, which is run entirely by the Health* Department. The proposal of the. Government, therefore, to. transfer- the control of the hospital to the Waikato Board, . opens up many interesting possibilities, including the whole question of consolidating the administration of the Government Sqnatoripm, JCing George Y. Hospital, ,and the Goyernment hath "buildings. , , v i-V In any case it is evident tl)at tthe people of Rotorua -have a very definite interest and also very definite rights in the disposal of this reserve, and that before any transfer of control is made the whole position should be reviewed and an equitable adjustment made.