Court of Appeal Wellington
19 March; 3 April 1947
Sir Humphrey O'Leary CJ, Smith J, Fair J, Callan J
19 March; 3 April 1947
Sir Humphrey O'Leary CJ, Smith J, Fair J, Callan J
Rating — Systems of Rating — Swamp Drainage — Native Land in Drainage Area — Native Land classified as receiving or likely to receive Direct Benefit from Execution of Drainage Works — Native Owner not Appealing against Classification or Applying to Minister to amend Classification List — On failure of payment of Rates, Application made for Charging-order — Remission of Rates sought on Ground that Circumstances constituted "Special circumstances arising from Hardship" — Whether Classification, if, in fact, in Wrong Class, could constitute "Hardship" — Discretion of Native Land Court as to what constitutes "Special circumstances" — Swamp Drainage Amendment Act, 1928, ss 2, 3 — Rating Act, 1925, s 108 (3) (4) (6).
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