POWER TO ACT

Dominion, Volume 23, Issue 301, 16 September 1930, Page 13

POWER TO ACT

Maintenance Officer SOLICITOR’S PROTEST Rarely indeed is an attempt made in the Magistrate’s Court to prevent the maintenance officer from handling a case which he has elected to conduct. A halt was called yesterday by Mr. Sievwright, one of whose clients asked for a variation of a maintenance order. When the cose was called, Mr. Pearson, the maintenance'officer, signified his intention of conducting the case for the other party, who was absent. Mr. Sievwright’s client had disobeyed a maintenance order in force in Dunedin, and the maintenance officer at Dunedin had taken steps accordingly. Mr. Pearson had been asked to appear for the woman in whose favour the order was made. “I submit,” Said Mr. Sievwright, “that Mr. Pearson has no right of interference in a proceeding of this type. His duties are_ clearly laid down in section 9 of theAct, and he is authorised to recover payments of money due under a maintenance order. But he is not authorised to act in this sort of case.” Mr. Pearson said that the provision in the statute was a wide one. "The maintenance officer is appointed under this Act to appear for the women who are in bad circumstances and unable to afford a solicitor,” said Mr. Pearson. “In this case the woman has written and asked to be represented by the maintenance officer for those reasons.” The magistrate (Mr. T. B. McNeil) : Supposing t“e summons had been issued here instead of in Dunedin? Could you act then? Mr. Sievwright: I hold that he could not act even then. This is an application for variation—not for recovery of moneys. From the professional point of view only two people can appear in a variation proceeding of this type—only the party or the solicitor. The magistrate (to Mr. Pearson): Where are your duties set out? Mr. Pearson : In section 9, sub-section 3. But this has been done for years. Why hasn't my learned friend brought the same question up before? If this point is decided against the maintenance officer it will mean that the maintenance officer will go. What will happen if a woman is too poor to get representation? Mr. Sievwrightj She will have to appear herself. The magistrate: I think Mr. Pearson should be allowed to appear in this. Mr. Sievwright:: I say that Mr. Pearson has been appearing in the past wrongly. ... I have no objection to his appearing in this ease, but as a member of the legal profession I think we ought to have an authority.

The magistrate: I will take the opportunity of looking into it