INDEPENDENCE OF COURT

Press, Volume LXXXVI, Issue 26120, 24 May 1950, Page 8

INDEPENDENCE OF COURT

“NO ONE CAN GIVE ORDERS” MR JUSTICE TYNDALL’S STATEMENT (New Zealand Press Association) WELLINGTON. May 23. “I wish to refer to another matter of some gravity,” said Mr Justice Tyndall, in the Arbitration Court today, after delivering his statement on the procedure for seeking an interim general wage order. "Of all the conceptions associated with the administration of justice, none is more fundamental than that which predicates that a judge is impartial. “Impartiality requires certain conditions. the first and most important of which is judicial independence. Only the stamp of impartiality and disinterested justice can give real weight and authority to the decisions of a body such as the Court of Arbitration. “Of recent years, there have been signs of a tendency to identify this Court with the Government." he said. “Last year, one newspaper, in discussing the Court’s standard wage pronouncement. referred to it as a decision of the Government. Let there be no mistake about it. This Court is not a body of public servants carrying out a Ministerial policy. “No one can give orders to a judge or members of this Court as to the manner in which they are to perform their work. The only subordination they know in their official capacity is to the legislative enactments of the country. “Last Friday, my attention wat drawn to the following statement in a newspaper: ‘Workers at the meeting also expressed the view that Ihe recent statements bv Messrs Holland. Sullivan, and Bowden were proof that the 'Arbitration Court was not unfettered.’ “As the statement seems to carry sinister implications and with a view to removing any possible misapprehension in the minds of the public. I wish to state, with al] the force and vigour at mv command, that in carrying out its functions and in exercising its powers under the Statutes of the Dominion, the Arbitration Court is quite unfettered. A Judge of the Court accepts no direction from any person or group of persons, save such directions as are contained in the Statutes.

“It is only richt and proper to state in conclusion that on no occasion in the last 10 years during which I have occupied my nresent office has there been the slightest attempt on the nart of anv Minister of the Crown, either in the past Government or in the present Government, to interfere with, or influence, me in anv way whatsoever,” concluded his Honour. WAGE ADJUSTMENTS EMPLOYERS TOLD NOT TO ANTICIPATE ORDER (New Zealand Press Association) AUCKLAND. May 23. Advice not to make wage adjustments individually, in anticipation of the issue of an interim wage order by the Arbitration Court, is given to members in a circular letter posted by the Auckland Manufacturers’ Association. It says: “Wo do not want to see a situation develop whore varying increases are voluntarily given with the possibility of further staff bargaining on this basis among employers.” The letter adds that wage increases to meet the higher cost of living caused by the removal of subsidies, etc., arc for the Arbitration Court to decide. “The amount of any wage increase can only be guessed at and whether or not such payments will be made retrospective to May 8 must await th° Court’s decision.”