VALIDITY OF RATES

Sun (Auckland), Volume II, Issue 426, 7 August 1928, Page 13

VALIDITY OF RATES

TAURANGA RATEPAYERS’ CLAIM

AN INJUNCTION SOUGHT Contending that a rate levied last year by the Tauranga County Council was illegally imposed, Edmund Lowther Bond and Charles Watts Ingram, ratepayers, to-day sought an injunction of the Supreme Court restraining the council from collecting the rate. For the plaintiffs, Mr. A. H. Johnstone argued that certain requirements of the Rating Act had not been complied. with. Counsel held that not only had the rate been illegally made, but it was not made at all, according to an affidavit filed by the county clerk. The plaintiffs had been paying about £3O a year, but by an alteration in the method of rating, the amount had been increased to £lO9. There was a controversy in the district concerning the rate. A sum of £II,OOO had been paid under this rate, and if paid in error it could not be recovered. Mr. Johnstone quoted the resolution purporting to strike the rate, saying the resolution was irregular in that it did not make clear how or when the rate was to be paid.

Pleading for the defendant council, Mr. A. M. Gould said that even assuming the rate was invalid, the plaintiffs had delayed for over six months after the striking of the rate in bringing the action. It was therefore barred by lapse of time under the Counties Amendment Act, 1927. The council had an application now before Parliament for legislation to remove any doubt as to the validity of the rate. If an injunction were granted it ought to be a superseded one until next sitting of the court or until the rising of Parliament. Mr. Gould submitted that the rate was struck on July 8, 1927. The council on that day passed the resolution to that effect. Counsel said that the record in the minute book did not purport to be a copy of the resolution so carried. Mr. Justice Reed: Has the clerk power to paraphrase? Counsel: It is incredible that this council can have failed to strike their rate. His Honour: A lot of funny things are done sometimes. Referring to the question of an injunction his Honour did not agree with Mr. Gould that if it were granted the council must be embarrassed. “In any case the injunctions would be in terms of the applications to prevent the collection of the rates, but to prohibit the council from suing ratepayers." (Proceeding.)