Judge reserves Marsden decision

Press, 1 November 1984, Page 4

Judge reserves Marsden decision

PA Auckland Mr Justice Barker reserved decision in the High Court at Auckland yesterday on whether witnesses at the Commission of Inquiry into industrial relations at the Marsden Point oil refinery expansion project should be cross-ex-amined. He told counsel at the end of a two-day hearing of an application for a judicial review of the commission’s decision not to allow cross-

examination that he would do his best to deliver his judgment by early next week. The commission was to have sat in Auckland today but this is now unlikely. Marsden Refinery Constructors laid the application for a judicial review, seeking a High Court declaration that the commission’s decision was unlawful. An order quashing the decision was also sought.

Mr Paul Temm, Q.C., appointed as a “friend of the

court” by the Solicitor-Gen-eral, said yesterday that cross-examination of witnesses would lead to tensions and inhibit the inquiry. It was clear that the company preferred the inquiry to take as long as possible. The contractors wanted the Whangarei Refinery Expansion Disputes Act to remain in force for as long as possible. Mr Temm said the longer the inquiry ran, the longer the act remained in force.

The rules of natural justice required a Commission of Inquiry to give every person appearing before it a fair opportunity of presenting his representations, adducing evidence, and meeting prejudicial matter. Where the reputation or conduct of that person was in issue, it might be necessary to allow that person the right to cross-examine to give him adequate opportunity to meet and answer points prejudicial to his case, Mr Temm said.

Mr John Haigh, for the Federation of Labour and the Drivers, Labourers, and Brsons’ Unions, ople application, as did ward Keyte, for the Boilermakers’ Unions

Mr Haigh said it was in the public interest that cross-examination should not be allowed. The thrust of the commission should be to the future rather than the past, and cross-examination would prolong the inquiry when expedition was essential.