I move amendment No. 1:—
Section 9, sub-section (1). After the word "Act" in line 2 to insert the words "or that such order would seriously interfere with the amenity of the residence of the owner of the lands proposed to be taken or with his enjoyment of the lands immediately adjoining and customarily occupied with such residence."
The object of the amendment is to secure an appeal to the courts where it is proposed to take land and by doing so to seriously prejudice the amenities of a residence. That principle is already admitted in the Acts under which land may be taken for the purpose of providing plots for labourers' cottages. If it is reasonable in that case it would appear to be reasonable in this case. One quite understands that the needs for public services must predominate, but they should not be allowed to do so in the face of manifest injustice to owners. Under the Bill as at present drafted there is only an appeal to the courts against wrongful procedure under the Act itself. There is no appeal on the question of prejudice to amenities. On that point the Minister is to be the sole judge. It would appear to me to be reasonable that a final appeal should lie to the courts, and that is the object which I hope to secure by the amendment. Those who have advised me in the matter assure me that the amendment is on the lines of the provision in the Labourers Acts. I hope the House will accept the principle embodied in the amendment.