COSTS FOR ACCUSED

Press, Volume CI, Issue 29913, 29 August 1962, Page 14

COSTS FOR ACCUSED

More Awards Urged (N.Z. Press Association) WELLINGTON, August 28. The Attorney-Gen-eral (Mr Hanan) said today that, in his opinion, the Courts’ power to award costs to a successful defendant could be used more. He was asked by Mr H. R. Lapwood (Government, Rotorua) if he had seen a reported comment by a lawyer on the advisability of persons charged with minor offences pleading guilty to avoid the hazard of having to pay colossal witnesses' expenses. Mr Hanan said it was entirely within the discretion of the courts to award costs to a person acquitted of a charge or to refrain from ordering that costs be paid in cases of convictions. The Summary Proceedings Act gave the courts power to award costs to a successful defendant. “This power is rarely used and, in my view, it could be used more frequently.” Leather Exports There had already been sortie discussions on the leather tanning industry, the Minister of Industries and Commerce (Mr Marshall) said. He was asked by Mr D. Mclntyre (Government, Hastings) whether his department would survey the industry with a view to its expanding the production and sale of leather, instead of sending most skins and pelts away as a raw material. Mr Marshall said the industry was not unmindful of the challenge of overseas markets, but there were some problems. The tanning industry in some countries was protected and leather was subject to protective duties. In the export of leather for fashion goods there were the problems of rapid changes in taste and distance from markets. He agreed that the industry should be able to process more >aw materials before exporting them. He told Mr J. M. Deas (Opposition. Otahuhu) he was sure the industry had the capacity to make leather in competition with anybody. Safety Belts Consideration should be given to supplying safety belts through the Transport Department, said Mr H. L. J. May (Opposition, Onslow). He was commenting, during discussion on the estimate for the Transport Department, on the department's report that at least 50 lives could have been saved during the year had safety belts been in use. Mr May said that not all would use safety belts until their cost had been brought down to a reasonable level. Mr J B Gordon (Government. Clutha) said a manufacturer might make 20s to 25s and a retailer 15s to 16s on a belt costing £5 ss. Eye Accidents The Minister of Labour (Mr Shand) said he was seriously concerned at the number of eye accidents in industry. The number was still far too high, although there had been an improvement over the last few months. Traffic Patrols Motor-cycles used by Transport Department officers for traffic control had been increased by 40, said the Minister of Transport (Mr McAlpine) during discussion on the need for motor-cycle patrolmen to get to the head of a convoy of vehicles held up by a “dawdling” driver. It was these drivers, said the Minister, who were the cause of rash overtaking that led to accidents. Motor-cycle patrols were in use throughout New Zealand, except Southland, which was considered too cold. It is not possible to found a lasting power upon injustice. perjury and treachery. —Demosthenes.

"The proposal is that application should be made to the Minister of Labour. If it is approved, the question will be referred to the Arbitration Court. The Court will consider whether it is proper in the circumstances to make a composite award,” said Mr Shand. The question of composite awards had been raised because very happy industrial relations had been achieved on certain major public works in New Zealand, said Mr Shand. On major projects if all the union members were subject to one award, it was felt that it would achieve happier labour relations. “There is no intention in the mind of Uve Government to force it through without discussion.” said Mr Shand. Mr S. A. Whitehead (Opposition. Nelson) asked who would take the initiative in applying for a composite award, and whether there would be any direction from the Labour Department. Mr Shand: Either party may apply to the Minister in the first instance—employers or union. The Minister will then consider whether it is a proper case for a composite award. The Leader of the Opposition (Mr Nash): Why not go direct to the Court? Why go to the Minister? Mr Shand: That is a pertinent question. It will be discussed fully at the Labour Bills Committee. This is a matter for trial. Suitable Industries Mr Shand said he thought composite awards would be suitable for one or two new industries, such as Comalco. where there were a lot of unions and a lot of employees. Such works were similar to State hydro projects. Because of the need to achieve a substantial measure of agreement for a composite award, it had been thought proper to have it put before the Minister to see whether a reasonable degree of agreement existed before the matter was put before the Court.

Mr Nash: What can the Minister do? What powers does the Minister have with regard to the parties and their representations. Mr Shand said that it was rather like asking what a conciliator could do before a matter was put to arbitration. Mr N. V. Douglas (Opposition, Auckland Central) asked whether the power to make a composite agreement over-rode existing awards or agreements. “Is it not a fact that section 161 of the I.C. and A. Act already gives interested parties in any industry the right, if they so wish, to apply for a composite award?” he asked Mr Shand said that section 161 gave only limited power to make a composite award. “It would be unsuitable in any major industrial undertaking.’’ F.O.L. Agreement Answering further questions, Mr Shand said he had discussed the matter in some detail with the Federation of Labour and the employers, and they had agreed that it should go forward to the House. Mr Whitehead: If employees do not wish to enter into one of these awards, will there be any compulsion? Mr Shand: This will be a matter for application to the Arbitration Court, in the same way as any other award. Mr Nash said that it was completely wrong that the Minister should have the power to veto on whether an application for a composite award went to the Court. The Deputy Prime Minister (Mr Marshall) said there were many precedents where the Attorney-General had the right to say whether there should be a prosecution or not. The Attorney-General (Mr Hanan): And whether Maoris should be prosecuted for taking toheroas. Mr Marshall said that there might be a dozen different unions, and only one or two might want a composite award. Mr Nash: Why can’t the Court say that?