AUTHORITY TO ACT.

Auckland Star, Volume LXI, Issue 219, 16 September 1930, Page 10

AUTHORITY TO ACT.

COUNSEL RAISES OBJECTION.

STANDING OF MAINTENANCE

OFFICER.

WOMEN WHO ARE POOR.

(By Telegraph.—Own Correspondent.)

WELLINGTON, Monday.

"I submit," said Mr. Sievwright, "that Mr. Pearson has no right of interference in proceedings of this type," in objecting to the maintenance officer conducting cases in the Maintenance Court.' One of Mr. SievWright's clients had asked for .the variation of a maintenance order, and when the case was called Mr. Pearson the maintenance officer, signified his . intention. of conducting the case for the other party, who was absent. He had : been asked to appear for the woman in whose favour the order was made. ■ "The maintenance officer.. is purely appointed under this Act to appear fori the women who are in bad circumstances and unable to afford a solicitor," said Mr. j Pearson. "In this case the woman has l written and asked to. be represented by the maintenance, officer." The Magistrate (Mr. McNeil): Supposing the summons, had been issued here, instead of in Dunedin, could you act then? Mr. Sievwright: I hold that he could not act even.-then. This is an Application for variation, not for. recovery of moneys; ■ From the professional pcyint of view, only two people can- appear in a variation proceeding of this type, only the party or the solicitor. The ,Magistrate (to Mr. Pearson): Where are your duties set out? Are they set out in section 9? Mr. Pearson: Yes, in section 9, subsection 3, but this has been done for years. What will happen if a woman is too poor to get representation? Mr. Sievwright: She will have to appear herself. . , > The Magistrate: I, think Mr. Pearson should be allowed to appear in this. v He has only done what his predecessors have done. , Sievwright: I have>no objection to his appearing in this case, but as a member of the legal profession I think we ought to have an authority. The Magistrate: I will take the opportunity of looking into it.