0003230
G.F. 323
CONFIDENTIAL
(b)
4
To put over Government's plans for developing the area on the basis that the Walled City is part of the Colony.
Reoccupation of Land
23.
The immediate physical occupation of land probably involves few serious difficulties, but it will be necessary to consider the legal processes by which the land can be exploited for future development.
240
(a)
(b)
(c)
Resumption is a slow process for which Crown Lands and Survey could not undertake any preparatory work except at the expense of other more urgent tasks; it cannot be set in motion with less than one month's notice (three months' notice is normal).
Requisition.
Power exists to requisition land under the Emergency (Principal) Regulations. At present only D.C.N.T. is a competent authority but it should be possible to authorise someone else for this specific task.
Magistrates have powers after a fire to refuse to release premises until an investigation has been carried out. This could provide the initial legal cover for occupation but there would have to be a decision whether some more lasting authority, such as requisitioning or resumption, would be necessary to enable work to be done for temporary or permanent development.
Land tenure and claims to ownership of buildings will present many problems, and disputes are likely to arise between registered leaseholders and persons claiming ownership of buildings erected (illegally) on the land. Whatever is done for tenants,there will be opposition from leaseholders and landlords to any action to occupy and put to public use land in the Walled City.
Compensation
25.
To the extent that generous and speedy compensation to landlords or tenants would ease the problems of redevelopment and might serve to abate political agitation, it would be necessary for such compensation to be quickly available; if necessary on a purely ex- gratia basis in the first instance. Entitlement to compensation will be difficult to prove because of the difficulty of establishing ownership and the complex nature of leases, some of which are known to be for agricultural land.
Legal Position.
26.
Legal advice would be constantly needed, both in the preliminary planning stages and during the actual exploitation of an emergency, with particular reference to the powers to condemn buildings and to requisition, resume or otherwise occupy buildings and land.
Development Planning for the Walled City
27.
It should be
A plan, shelved in 1963, already exists. reviewed to see how it can be fitted in with the proposed Nunnery Site development and how it could be adjusted to fit a piecemeal development of the Walled City. An overall plan for exploitation could then be based on this, and on advice from the Fire Services,on how the City could best be divided into segments. This plan would be one of the background documents held by members of the policy committee.
28.
There is a need for up-to-date details on the Walled City, to be amended, as necessary, from time to time, including particulars
CONFIDENTIAL
/of lease