Tribunal Appeals To Go Before Court

Press, Volume CIX, Issue 31908, 8 February 1969, Page 14

Tribunal Appeals To Go Before Court

(From Our Own Reporter) WELLINGTON, February 7. | Appeals against the merits of decisions-* by another five statutory tribunals wilt be * heard by the new administrative division of-*' the Supreme Court, if submissions made to the Government by the Public and Administrative Law Reform Committee are accepted.

The tribunals are: The Motor Spirits Licensing Authority, the Air Services Licensing Authority, the Taxation Board of Review, the Cinematograph Films Licensing Authority and the Pharmacy Authority. The committee, which was set up in July, 1966, by the Minister of Justice under the chairmanship of the Secretary for Justice (Dr J. L. Robson), brought down a report in January. 1968, in which it recommended the setting up of an administrative division of the Supreme Court to hear appeals from specified administrative tribunals. The Judicature Amendment Bill, which is now law, carries out part of the committee’s recommendation, but differs in some respects. AboUtion The move now suggested would involve the abolition of the Motor Spirits Licensing Appeal Authority, the Air Services Licensing Appeal Authority, and the Cinematograph Flms Licensing and Registration Appeal Authority.

The committee has recommended that there should be no change in the appeal rights or functions of: The Indecent Publications Tribunal, the Earthquake aW War Damage Commissi®, the Copyright Tribunal, tK Military Service Postponement Committee, the Coflscienious Objection Commfltee and the Shops and Offices Exemption Tribunal. J The committee feels that at this stage of industrial pwgress and labour relationships it would be inappropfiate for appeals from decision of the Court of Arbitration, the Waterfront Industry Tribunal or the Apprenticeship Committee to go to the administrative division. <t suggests, however, that thrif should be the subject or father study by the cominitw at a later date. The committee says thy the administrative division should have the power to liter back for reconsiderati® by the original tribunal part or all of the decision appealed against. It should also be able to appoint counsel to assist the division if it became apparent that otherwise only one side of a case would be argued. Tax Appeals The committee also recommends that the three ad hoc committees set up to hear income tax appeals in the fields of z co-operative dairy companies, milk marketing companies, and pig marketing companies should be absorbed by the Taxation Board of Review. Decisions of this board ate now subject to appeal to the Supreme Court on questions of law only. The major recommendation is that appeals be widened to include questions of fact and discretion.