MINISTER V. TEACHER.

Auckland Star, Volume LIII, Issue 155, 3 July 1922, Page 3

MINISTER V. TEACHER.

MISS PARK'S CASE.

STATEMENT BY MR. PAKK

The Minister of Education, Hon. C J. Parr, made a statement at Wellington on Saturday regarding the judgment of the Supreme Court in the case of Miss Park.

"The case of Mis 3 Park is in itself trifling as compared with the. far-reach-ing results that follow on,the judgment of Sir John Salmond," eaid the' Minister. "The regulation giving the Minister power to cancel the certificate of a teacher has 'been in operation m New Zealand for over forty years, and has been acted upon. The Judge says now that the regulation is not good in law. I think that even- previous Minister of Education has acted upon it. It was made originally in 1878.

"The regulations give the Minister power to issue a certificate of competency and fitness to a teacher. Sir John Salmond's judgment says that the Minister cannot subsequently, in any way, control this certificate, no matter what happens.

'•I suppose there are over twenty teachers who at different times in the past have had their certificates taken away by the Minister of the day because of gross misbehaviour. For instance, teachers have committed crimes which landed them in gaol. Previous Ministers and myself have taken away their certificates under the regulation which is now declared to be ultra vires. One teacher, Miss Weitzel. was convicted in the Police Court of open sedition and dismissed toy the board. Her certificate was taken away. If Sir John Salmond's decision is sound law then it follows that in all theee cases the Department and the Minister of Education, for the time Ibeing, have acted unlawfully, and it would seem to mc as if we may "be called upon to restore their certificates to people admittedly quite unworthy.

'"11l short, the effect is that, although the teacher fell from his high estate and became a forger, seditionist, or even murderer, the certificate of fitness that the Minister has given him is to etand for life and cannot be withdrawn. In the interests of the teachers themselves such a position should not be allowed to remain where it is. Common sense and ordinary decency alike require that a certificate of fitness, which is a variable and inconstant quality, should be subject to some subsequent controlling power. ,.

Asked what he proposed to do, the Minister said that for the present he could not say anything further. The Solicitor-General wae advising Him in the matter and was now considering the position. A point to be considered wa9 that there were hundreds of native school and private school teachers who did not come under the Education Boards at all. It appeared that, under the judgment, the Minister could not in any way control the certificate issued to such teachers.