Information Dismissed

Press, Volume CVIII, Issue 31867, 20 December 1968, Page 10

Information Dismissed

A private information charging the Canterbury district manager of the New Zealand Broadcasting Corporation with contravention of a section of the Crimes Act, 1961, for which he would be liable to a year's imprisonment, was dismissed by Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday. Paul Robert Harper Maling alleged that the district manager, Harold Arthur Stanley RoEinson (Mr A. D. Holland), wilfully and in bad faith aided without lawful excuse a contravention of section 10 of the Broadcasting Act, 1961, in that he failed to exercise proper supervision and control of programmes on radio stations. Mr Maling attempted to obtain the criminal jurisdiction of the Court through section 107 of the Crimes Act, which allows for penalties for breaches of other acts not themselves stipulating penalties. The Broadcasting Act does not state penalties for breaches of any type of its provisions-. The Magistrate found that the Broadcasting , i Apt was!' .an administrative - an r d ministerial statute and. unless a brea.ch of its provisions had something of a criminal tinge, it could not fairly come within the scope of criminal law. Mr Maling claimed that Mr Rollinson had failed to maintain a proper balance in the subject matter and a high general standard in the quality of the programmes broadcast, and said that on December 6 the duration of the norma] cultural late afternoon and evening programme had been cut by more than 50 per cent and sports commentaries or “pop noise” substituted. Tile Magistrate awarded $lO costs against Mr Maling.