HARBOR BOARD JURISDICTION.

Gisborne Times, Volume XXVII, Issue 2434, 24 February 1909, Page 3

HARBOR BOARD JURISDICTION.

“WHEN LAWYERS DISAGREE.’

At the meeting of flic Harbor Board yesterday, Mr. F. Harris said it had been stated by a solicitor that tlie Board’s securities had been affected by the passing of the Wai-kiohu County Act, and he would like the Board to obtain the advice of their solicitors upon the point. It seemed extraordinary tlia-t if -a rate were to be struck hereafter Waikoliu County should escape payment. It was necessary to obtain a- legal opinion, -and lie moved in that direction. Mr. Mattliewson seconded the - motion. He had studied the matter, and ho thought that Mr. Rocs would not have expressed the opinion referred to unless lie had. grounds for doing so. If the English language meant anything, what Mr. Rees had said eyas quite clear. It was a matter that had evidently been overlooked when the W-aikoliu Bill was before Parliament. There might- be nothing in it, but in the interests of the bondholders of the Board he thought the matter should lie referred to the Board’s solicitors.

The Chairman here read an opinion on the matter under discussion that had been received from the Board’s solicitors, Messrs Clump and Coleman, as follows:

“As instructed we have to advise on tlie following points submitted by the .secretary for our consideration: (1) Should the ‘separate roll’ provided for by section 10 of ‘The Gisborne Harbor Act, 1905,’ include the names of persons whose qualification to vote is derived from land situated in the area now formed into the W-aikohu County under ‘The AVaikohu County Act, 1908 ?’ (2) Can a person whose qualifications is so derived sit as a member of the Gisborno Harbor Board ? “1. With regard to the first question we are of tlie oninion that the answer is ‘Yes.’ ‘The Gisborne Harbor Act, 1905’ is a special Act within the meaning of ‘The Harbor Act, 1875.’ Section 6, subsection (2) pro-vides-that any person qualified to be and not incapable of being a member of the Council of the County of Cook or Waiapu shall be eligible for election as a member of the Board for the county in which he is so qualified. Section 10 provides that lor the purpose of holding elections in the Counties of Cook and Waiapu under this Act the following provisions shall apply: (a) The chairman of each county shall from time to time, at least fourteen days before tbo date appointed for the holding of an election, require tlie clerk of the council, in the month of January next preceding such election, to make up from the ratepayers and all then in force for the several ridings of the county a ‘separate roll’ to bo used at elections under this Act, (b) Sueh roll shall be either written or printed or partly written and partly printed, cind.it shall be the duty "of the aforesa : d chairman to see that the roll authorised to he made for the purposes of this Act. is properly made, and the same when signed "bv the chairman and clerk ‘shall without any further authority nr proceeding’ he deemed ‘to her the roll'for the said county to be used at election of members of the Board under this Act.’ Wo are informed that such ‘separate roll’ has been prepared, and has been acted on at tho election of the members of the Board. The returning officer is unquestionably bound by tins separate roll, which by the Act is made without further authority or proceeding the roll for the county to be used at- the election of the members of the Beard. The onus of seeing that the roll is properly made is cast upon the chairman of the County Council, and the Board is bound to accept the roll ns signed bv the chairman and clerk. Wo can.' see -that a difficulty may arise when the next ‘separate roll is prepared. This difficulty, however, is more apparent than real. Tlie ‘"W aikohn County Act, 1908,’ was passed on the 10th October, 1908, and when tho next biennial election of the members for tho Board takes places the names of electors who in January last had payed rates to the Cook County to- the 31st March, 1909, in respect of land in what is now the Waikoliu County will not appear-on tho ‘separate roll’ for tho Cook County. The proper course will bo for the chairman in January next preceding the next biennial election to require the clerk of tlie Waikoliu County to .supply a ‘separate roll” for that county. 'The Waikoliu County Act’ does not sever the land in. the AYaikohu County from the Gisborne ‘Harbor District.’ Section 4 provides tlia-t no ‘local authority’ other than the Waikoliu County shall witilin the limits of the said county exercise any jurisdiction oY authority over any roads or over or in relation to any matter or thing in respect of which jurisdiction is conferred upon -a ‘county council’ under any Act. But it is clear, that this section does not repeal section 13 of ‘The Gisborne Harbor Act, 1905,’ or section 9 of ‘The Gisborne Harbor Board Enabling Act, 1907,’ where tlie ‘harbor districts’ are constituted for the Gisborne Harbor Board. The mere fact , of whittling away and subdividing into separate counties the land originally known as the County of Cook cannot, except by special legislative sanction, sever that land from an original ‘harbor district.’ It is the ‘whole area-’ comprised within the boundaries of the Borough of Gisborne and the County of Cook as tho borough and ' county stood at the passing of the Enabling Acts that -constitutes the. ‘harbor districts’ (see section. 13 ‘Gisborne Harbor Act, 1905, and section 9 ‘Gisborne Harbor Board Enabling Act., 1907.’). It is the area of land that the Board has jurisdiction over and on which the security of the debenture-holders rests, and not a portion of the .original area which retains tlie original name after severance of -a portion. “2. Our opinion with regard to the second question is also ‘Yes-.’ From what wc have already said it follow's that if a person oligibile for election as’--a member of a county is on any ‘separate roll’ for the hajrbqr district, that person, is capable of being elected as a member of the Board.” The Chairman, said the position, appeared to be quite clear. The Board was perfectly: safe. V Mr. Harris inquired if tlie rateable powers of- the Board were- curtailed by the passing of tlio AYaikohu County Act. ' ~ ' The Chairman said that the Board s powers were as free as before. H ue : cessary, however, the Board could

have an amending Bill passed by Parliament at the coming session. Mr. Mattliewson urged that tlie matter be referred to Mr. H. D. Bel., of Wellington, the Board’s consulting solicitor. The matter was further discussed, and Mr. Mattliewson moved that .#:c Board’s solicitors be requested to consult with Mr. Bell as to whether the Waikoliu County is still .a portion of the Harbor district, and whether it will be necessary to approach. Parliament with a view to special legislation. M.r Harris seconded the motion. Mr. Kells thought there was no necessity to go beyond the Board’s legal advisers. Their opinion was quite clear. The Hon. Captain Tucker felt mire there was no repeal of tlie boundaries, of the Harbor district as defined in the Act of 1907. He felt- inclined to support the motion, lor the Board would not be altogether doing its duty in ignoring Mr. Roes’ opinion. The expense of securing another opinion would not- be groat, and as the question had boon raised ho thought that Mr. Bell’s opinion should be taken. _ ~ . , , Mr. AY. D. S. MacDonald said no felt certain the Board’s (solicitors were right, but as a. County representative he was not disposed to oppose tbo motion. . On being quit to tho meeting tlie motion was carried witliou dissent.