ARBITRATION COURT

Press, Volume LXXVII, Issue 23299, 8 April 1941, Page 7

ARBITRATION COURT

—♦ — APPOINTMENT OF JUDGE

LAW SOCIETY’S ATTITUPE

The appointment as Judge of tbj Arbitration Court of Mr A. Tyndall has been the subject Of representations to the Government by the New Zealand Law Society, states the “New Zea* land Law Journal.” The standing committee of the Law Society, after a recent meeting of the council of the society, wrote to the Prime Minister (the Rt. Hon. P. Fraser) and the Attorney-General (the Hon. H. G. R. Mason) with the following representations:— To provide that in future no person not having seven years’ expei lence jn actual practice (as distinguished from seven years’ standing only) be •appointed to judicial office. To transfer from the Arbitration Court, as now constituted, tp th* Supreme Court the jurisdiction tp deg} with appeals from Magistrates in-caws under the Industrial Conciliation ® n d Arbitration Act So to alter .the title of the pefSQh presiding over the Arbitration Court as to distinguish the rank and title of such person from that, of a Supreme Court Judge. Minister’s Explanation Subsequently Mr Fraser, Mr Mason, and the Minister for Labour (the Hon. P. C. Webb) were interviewed by th# standing committee, the president. Mr H. F.. O’Leary, K.C., and other members. “Mr Webb, who was responsible for the appointment, stated that he had had great difficulty in obtaining a suitable person for the position,” *ays the “Law Journal." “Various lawyers had been approached with a view to ascertaining whether they would be interested in the appointment, but without success. Mr Tyndall, who was then approached was, in Mr Webb’s opinion, in every way suitable, but Mr Tyndall had great diffidence in accepting. Mr Webb had considered Mr Tyndall a lawyer, and had not then appreciated the distinction since explained as t# , ‘seven years’ standing’ and ‘seven years’ practice,’ and in the circumstances he thought that the best possible arrangements had been made. Prime Minister’s View

“The Prime Minister agreed that the qualification of ‘seven years' practice' should be substituted for ‘seven years' standing’ as the qualification for appointment to the Supreme Court Bench and indicated that this should be made clear by legislation.“In regard to the resolution concerning legislation to transfer from the Arbitration Court to the Supreme Court the jurisdiction to deal with appeals from Magistrates in cases under the Industrial Conciliation and Arbitration Act. the Prime Minister said it was a matter for consideration by Cabinet.

“Tpe request that the title of the person presiding oyer the Arbitration Court be so altered as to distinguish the rank and title from that of a Supreme Court Judge was not favpurably received in so far as the present appointment was concerned, as it was considered it would be very invidious to take away a title already given, but the matter would be referred to Cabinet.”