Lawyers Complain Of Court Delay

Press, Volume CIV, Issue 30653, 20 January 1965, Page 1

Lawyers Complain Of Court Delay

The Canterbury District Law Society was most concerned at the delay in appointing a magistrate in Christchurch to replace Judge Blair, said the president of the society (Mr B. McClelland) yesterday.

Mr McClelland was commenting on the adjournment till next week of all civil matters set down for hearing yesterday in the No. 2 Magistrate’s Court.

“We have taken the matter up with the authorities on a number of occasions in the last month, and while we appreciate there are difficulties we are naturally anxious that the present unsatisfactory state of affairs should cease as soon as possible,” Mr McClelland said.

“The Christchurch magistrates have been working under far too much pressure, to say nothing of the delay and inconvenience caused to the public and profession today. “At present, I understand, there is only one magistrate available to attend to all criminal and civil matters for the whole of Christchurch, and this clearly is hopelessly inadequate,” Mr McCelland said. The adjournment of yesterday’s civil matters was announced in court by the Dep-uty-Registrar of the Court (Mr K. Curran). Later the Registrar (Mr O. T. Grattan) said that about 150 cases, mainly judgment summonses, had been set down for hearing. However, no magistrate had been available to hear them. Mr E. A. Lee, S.M., was at present on the Kaikoura-Cul-verden circuit. Mr K. H. J. Headifen, S.M., who for most of the Christmas period had presided over the Court hearings, had taken leave. No appointment had been made to the post left vacant when Mr A. P. Blair, S.M., was appointed to the Arbitration Court The only other Christchurch magistrate, Mr E. S. J. Crutch-

ley, had 126 traffic cases originating from the City Council traffic department set down for hearing before him yesterday, Mr Grattan said. Those civil cases which were adjourned, were adjourned until January 26, a day on which there were already 150 cases set down for hearing. However, there would be a relieving magistrate available for that day, though there were now 300 cases set down for hearing before him.

No other relieving magistrate would be available till February, Mr Grattan said. Mr Crutchley yesterday dealt with traffic matters from 10 a.m. till the luncheon adjournment. Immediately after the adjournment he took several matters in chambers and returned to the bench about 3.15 p.m. The Court finally adjourned when the list had been completed, about 5 p.m.

One Christchurch solicitor after the adjournment of civil cases complained that time had been wasted and expense incurred not only because of the adjournment but also because his office had received no notification that an adjournment would be necessary as there was no magistrate.

He said he had been involved in previous discussions whether one of the litigants in the case he was handling could seek an adjournment. However, all the discussions would have been unnecessary if knowledge of the adjournment had been made available earlier.