Court Proceedings Seen As Futile

Press, Volume CV, Issue 31023, 31 March 1966, Page 3

Court Proceedings Seen As Futile

(New Zealand Press Association) AUCKLAND, March 30. A hearing to test the validity of the constitution of the Manukau City Council will enter its third day in the Supreme Court at Auckland tomorrow. The action is before Mr Justice Moller. The action lias been brought under the Declaratory Judgments Act.

The nominal plaintiff is the Attorney-General, acting on behalf of Donald Ewart Hayward, a civil engineer, Colin Stanley Baker, a company manager, Thomas William McDonald, a company director, all of Pakuranga, and John David McNaughton, a school teacher, of Howick.

The plaintiffs are represented by Mr M. F. Chilwell, Q.C., with him Mr P. A. Hannah. The first defendant, the Manukau City Council, is represented by Mr L. P. Leary, Q.C., with him Mr D. Sheppard. The second defendant, the Papatoetoe City Council, represented by Mr G. F. Ruck withdrew at the beginning of the proceedings. Mr Leary said the plaintiffs

would have no benefit from the proceedings even if the order they sought was made. They could apply to the Local Government Commission without these proceedings. “There is nothing to prevent them now, and right up till now, to institute proceedings for modification of the scheme and the constitution of two cities,” said Mr Leary. “To put it shortly these are futile proceedings. “The only effect will be to disrupt the arrangements of 60,000 persons who do not want to be thrown back into the chaos that existed some months ago.” They had expressed their wish by letters to the commission, he said.