Summons to Minister set aside
PA Wellington The Court of Appeal has set aside a summons to the Minister of Immigration (Mr Gill). The summons had required Mr Gill to attend the Magistrate’s Court to give evidence in a prosecution against an alleged overstayer.
The court allowed an appeal by Mr Gill against the refusal by Mr Justice Ongley in the Supreme Court to set aside the summons.
Mr Justice Woodhouse, giving the Court’s judgment, said the person accused of being an overstayer had applied for the summons to be served on Mr Gill to give evidence on her behalf.
Her daughter had written to the Minister attempting to obtain an extension of her permit, which had been declined by the officers of the Immigration Department.
His Honour said it had become apparent that the respondent intended to relv on a paragraph of- Mr Gill’s letter in reply as implying an extension of the permit. If it were necessary for Mr Gill to clarify some issue, the Magistrate could request his attendance "and we are satisfied he would _ be ready to appear,’’ said his Honour.
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Press, 7 March 1978, Page 4
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185Summons to Minister set aside Press, 7 March 1978, Page 4
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