Councillor’s Election Held Invalid

Press, Volume CII, Issue 30073, 6 March 1963, Page 15

Councillor’s Election Held Invalid

(New Zealand Press Association)

AUCKLAND March 5. Mr Justice Richmond in the Supreme Court today held that Mr T. H. Pearce’s contract with the Auckland City Council made him not capable of being elected at the last municipal elections, but adjourned the hearing until the City Solicitor could appear to assist the Court as to the order which would be most appropriate. His Honour joined with Mr J. W. Bain, counsel for the Attorney-General, who had sought an order to have Mr Pearce removed from office, or, alternatively, declared not capable of being elected to office, in saying that no-one suggested that there had been other than good faith on the part of Mr Pearce. Mr Pearce’s counsel (Mr J. G. Jamieson) said the situation that arose was not of Mr Pearce’s own conscious making and submitted that the act which gave rise to the present application was "obscure, inconsistent and defective.”

Mr Bain submitted argument in support of the application.

For Mr Pearce, Mr Jamieson contended that the order should not be made and ques-

tioned the effect of the contract entered into between the company of which Mr Pearce was a director and shareholder. He asked that if the Court felt it should make an order that its terms should not be such that Mr Pearce would be disqualified from taking part in any by-election the council might decide to hold.

' After hearing further submissions, his. Honour adjourned the hearing, ordering that it was to be brought on again by the registrar.