Judge Orders Rehearing

Press, Volume CV, Issue 31061, 17 May 1966, Page 3

Judge Orders Rehearing

f.Veto Zealand Press Association) AUCKLAND. May 16. Mr Justice Hardie Boys has ordered the rehearing of a Children’s Court case in which the father of a 15-year-old boy was ordered to make restitution of £428 for offences in which his son had been involved.

His Honour gave his decision today in a reserved judgment after a hearing in the Supreme Court at Auckland on May 10. His Honour said an appeal was brought by the father against the Children's Court order requiring him to pay the £428 restitution in respect of offences for which his son was placed under the supervision of the child welfare officer for 18 months. The facts disclosed a procedural anomaly which, he believed, resulted in a denial of natural justice, his Honour said. He set out in writing both the facts and his reasons for feeling that the attention of the authorities should be drawn to the position. The boy appeared in Court on April 15. 1965, said his Honour. Both parents were in Court and the boy was remanded for three weeks to a children's home. The parents were not invited to say anything. At the adjourned hearing, no opportunity was offered to the father of making any statement to the Court. The parent, he said, heard nothing more until early February, 1966, when a constable arrived at his home with a warrant to collect £428 as being in the nature of a fine. His Honour said it was

clear that no proper opportunity was afforded to the parents to show cause why the father should not be ordered to make restitution. “With all respect and, indeed, admiration for the difficult and important work that is one in the Children's Court, it must be axiomatic that the principles of natural justice apply, and that a person liable to be mulcted in even a much smaller sum than £428 2s 3d must have an opportunity of showing cause,” he said. His Honour ordered the case to be reheard. He said he felt it was proper to pass the matter back to the Magistrate to enable him to make such an order as he felt the merits and justice of the case warranted.