“AN IDIOTIC PIECE OF LEGISLATION”

Sun (Auckland), Volume I, Issue 179, 19 October 1927, Page 13

“AN IDIOTIC PIECE OF LEGISLATION”

MAORI LAND CASE

LESSOR AND MORTGAGEE Press Association. WELLINGTON, To-day. The Court of Appeal heard to-day the case in which the Superintendent of the State Advances Department is appealing against the decision of Mr. Justice Reed at Wanganui in favour of the Aotea District Maori Land Board. In this case the former was the first and second mortgagee and later the lessor of lands granted to Elsie May Goile. The lessee made default both in the payment of rent to the respondent board amounting to £l6O and in respect to mortgages to the State Advances Superintendent, under which ’there was owing £865. When on June 30 this year the board re-entered tlie premises the question arose as to who had priority against the improvements to property, which were valued at £1,400, for satisfaction of their claims, the lessor, or the mortgagee. Mr. Justice Reed held that any moneys received by the mortgagee in respect to the value of improvements where the lessor had re-entered for non-payment of rent should be applied, first, in payment to lessor of all rent and other moneys owing by outgoing tenant, secondly in extinction or reduction as the case may be of moneys owing tin respect of the mortgage and, thirdly, the balance if any should be paid to the outgoing tenant. Mr. A- Fair, K.C., Solicitor-General, and Mr. Izard, Wanganui, for the Land Board. The court allowed the appeal without calling upon Mr. Fair to reply. Its judgment mterially alters Mr. Justice Reed’s judgment. All the judges caustically referred to what Cir W. A. Sim termed an “absolutely idiotic piece of legislation,” namely, section 97 of the Native Land Amendment Act, 1913, which brought about such ai unjust position. The court was, however, unanimous in its opinion that the meaning and object of the Act gave no option but to give judgment for the State Advances Superintendent. No costs were allowed.