WIDE SCOPE

Auckland Star, Volume LXXIV, Issue 198, 21 August 1943, Page 4

WIDE SCOPE

COURT'S FUNCTIONS

PROTECTION OF HOMES

(By Telegraph.—Parliamentary Reporter.) WELLINGTON, this day. In the all-night committee discussion in the House of Representatives on the 70 clauses of the Servicemen's Settlement and Land Sales Bill, critics paid a good deal of attention to the constitution of the Land Sales Court and committees that will operate under the new m (*ri sure The Prime Minister, Mr. Fraser, explained that the idea was to give the Court wider scope than an ordinary court of law. The Leader of the Opposition, Mr. Holland, when speaking on the clause concerning evidence in proceedings before the Court, objected to evidence being allowed which would not be permitted in a court of law Mr. Holland declared that the clause needed amendment so that only such evidence as would be admitted in the Supreme Court could be taken before the Land Sales Court. Mr. Fraser replied that there was nothing ulterior in the. clause, which was to help vendors and purchasers, but he gave an undertaking that the legal members of the House and the Attorney-General, Mr. Mason, would have another look at that clause. Position of Assessors

Among early matters raised was that of the appointment of two members of the Land Sales Court in addition to a judge. Mr Forbes (National, Hurunui) said that as the Crown was to make the appointments, it meant that the buyer was represented by two assessors, but the seller was not represented. That was contrary to the procedure followed when land was taken under the Public Works Act, and to the constitution of the Arbitration Court, where one assessor represented the employers and the other was nominated by the workers.

The Minister of Finance, Mr. Nash, replied that the Court in this case was a permanent tribunal and a court of appeal from decisions of the land sales committees. He asked if it was suggested that new assessors should be appointed for every case.

The clause was challenged by the Opposition, but retained on a division by 37 votes to 16. A Government amendment stipulating that the judge of the Court must be a party to a majority decision of the Court was opposed by Mr. Langstone (Government, Waimarinq), who said it was contrary to the principles of democracy. There was no reason for the clause except, perhaps, that the Law Society had asked for an alteration. If the two lay members of the Court were in agreement and the judge in opposition, there would be a stalemate. The amendment represented a distinct weakness in the bill.

Minister Twitted Opposition members twitted the Minister of Lands, Mr. Barclay, on the position revealed, whereby, if the two lay members of the Court were in agreement and differed from the judge, and all three were adamant in their views, there could be no decision.

Mr. Combs (Government, Wellington Suburbs) said there should be some provision to overcome such a position.

The Minister replied that one of the lay members would have to give way.

"Really, the Minister will say anything if he can only get the clause through," declared the Leader of the Opposition, Mr. Holland, amid laughter. "He has no idea of how to get over that problem." The Minister retorted that the same position obtained with the Court of Review for mortgage adjustments, and it had worked satisfactorily.

Mr. Poison (National, Stratford), who found difficulty in talking for the laughter, asked if it was suggested that there should be junior and senior lay members, and».that, if necessary, the junior should give way to the senior.

The clause was passed with the Government amendment without a division.

There was a further division on the clause stipulating that there should be no appeal from the Court's decision, but it went through.

Obtaining of Evidence

A sub-clause empowering the Land Sales Committees to obtain the opinion of expert valuers, or other persons, if they desired, was delated on the motion of the Minister of Finance, Mi-. Nash, who was in charge of the bill at that time. He explained that the Law Society's objection was that it might result in getting in evidence through the back door. However, if the committees wished to get expert evidence it could be called in the ordinary way Speaking to the clause which provides that part of the bill controlling sales and leases of land shall apply to contracts or agreements for the leasing of any land for a term of not less than three years, Mr. Langstone said that the object of the bill could be defeated, and he thought it would be in regard to hotels by making leases for two years and 11 months.

Mr. Barclay said that three years was the shortest period for which a lease could be registered Mr. Nash said that if there was any particular section of the community avoiding stabilisation, the Government would take steps to stop them. l

An assurance that the provisions relating to land suitable for the settlement of discharged servicemen did not include the taking of homes was given by the Prime Minister! He said he had thought that the clause as originally drawn was clear on the point, but there had been representations on the subject from the Law Society, and so as to make assurance doubly sure, the addition pi the words "farm lands" had been introduced as an amendment. Mr. Hamilton (National, Wallace) who had raised the point, said that he accepted the position that homes were protected, both on farms and in towns.

Values and Rents

Dealing with the section of the bill providing a formula for determining the basic value and the basic rent, the Prime Minister said that they were key provisions, and were experimental. He would be quite frank about that. These formulae might be fraught with injustices that were unintentional, and anyone calling attention to anything of that nature would receive the most carerul consideration, because it was an intricate and difficult matter. There might be factors overlooked that might result in great loss to vendors of land.

Before the committee adopted the clause giving power to the Land Sales Court to fix maximum fees for solicitors, Mr. Barnard said it had been suggested by the legal profession that valuers' fees should also be subject to limitation.

The Minister of Lands: We will do what we can by regulation.