LICENSED TRADE

Auckland Star, Volume LXXVI, Issue 163, 12 July 1945, Page 6

LICENSED TRADE

PARTY FUNDS QUERY

FURTHER ARGUMENT HEARD

P.A. WELLINGTON, this day. Further argument was heard in the Court of Appeal to-day before the Chief Justice, Sir Michael Myers, and Mr. Justice Kennedy and Mr. Justice Callan in connection with the special case stated by the Royal Commission on Licensing inquiring as to the extent, if any, to which questions relating to contributions to political funds by persons or organisations connected with the licensed trade might be asked by the Commission. '

The Solicitor-General, Mr. H. E. Evans, said the Crown was content that the question of ultra vires should be considered, and decided on these proceedings. The Crown was concerned regarding any attack on the form and construction of the warrant of the commission. The whole of this form of general authority, apart from the last words, had been used for years past. The New Zealand legislation on the subject of commissions began with the Commissioners' Powers Act, 1867. This supplied power to render a Royal Commission effective by summorfing and examining witnesses. The language of general authority in the warrant, he submitted, was good as it did not offend against any statute, and it had the further authority of Royal prerogative, if necessary. The words "the law" in the preamble and elsewhere in the warrant were the open authority of a commission to recommend alterations to either statute law or common law on these matters. "A Valid Inquiry" Mr. R. Hardie-Boys, for the New Zealand Alliance, said the submissions for the National Council of the Licensed Trade had, a fallacious foundation. The commission was not set up to inquire into the private affairs of a private individual or a company, but to inquire into the making of the licensing law, which was admittedly a valid inquiry. These questions were relevant to that inquiry and .the' law would be reduced to absurdity if these questions were debarred. In course of a legitimate inquiry the commission might inquire incidentally into private matters if these arose. It was not necessary that legislation should have actually been proposed before the relevancy of questions could be tested. It was a fair inference from the setting up of the commission that the Government contemplated amendment of the law.

(Proceeding)