Rent injunction refused

Press, Volume CXI, Issue 32797, 23 December 1971, Page 2

Rent injunction refused

€N-Z. Press Association/ WELLINGTON, December 22. A declaration sought by the Public Service Association that the State Services Commission could not alter present rentals charged for departmental houses was refused by the Chief Justice (Sir Richard Wild) in a judgment delivered today in the Supreme Court.

The declaration was sought under the Crown Proceedings Act on the ground that the P.S.A. had not been consulted as required by statute. His Honour said that for some time before May, 1966, discussions took place between the Combined State Service Organisations and the commisison on the general question of rents for houses occupied by public servants in conjunction with their employment.

A working committee, representative of both employer and employee interests, studied the question for some time. Finally the discussions were brought to completion. On the material before the court, it. was clear beyond question that the discussions which took place to May, 1966, were consultations as envisaged in the State Services Act, said his Honour. Those consultations apparently did not result in complete agreement but that was not necessary. What did result was a "fixing” of rental policy. CIRCULAR NOTED In his Honour’s judgment, no further consultation was necessary before a decision by the commission contained in a circular last April to reassess rents on the roll valuation current at that date was implemented.

His Honour said he could not accept counsel’s contention that if , the implementation of an increase in rents from April 1 involved a reduction in take-home pay, then it raised a question of rental policy requiring consultation.

Even if there was such a reduction and even if it did involve a question of rental policy, the necessary consultation had taken place before a decision on the point was reached, his Honour added.