MR. NASH’S REFERENCE TO MAGISTRATES

Dominion, Volume 35, Issue 138, 7 March 1942, Page 8

MR. NASH’S REFERENCE TO MAGISTRATES

Reply To Law Society A reply from the Minister of Finance, Mr. Nash, to a communication from Hie New Zealand Law Society suggesting to him that reports of a statement made by him iu tlie House of Kepresentalives last October during a debate on tlie cost of living were capable of the interpretation that "a magistrate may lie removed if be does not. give a judgment in accordance witii what a Minister or member may think to be the law.” is contained in Hie March number of Hie "New Zealand Law Journal." Tile statement complained of was that "there would have to be a change of magistrate if Hie magistrate did not keep in touch with tlie law,” or, according to another report: "We will have to change magistrates if they won't give judgment in accordance with the law.”

Mr. Nash points out in bis reply that his statement concerning magistrates was iu answer to a question which implied Hint, in some eases, orders were not made under tlie Fair Kenis Act when Hie evidence fully justified au order being made. "You yourself. I am sure,” the reply continues. "will appreciate Unit there would need to be a change of magistrates if any particular one was not giving judgment in accordance witii Hie law. This, I imagine, would be a question of fact rather than a question for tlie opinion of eitiier a Minister or a member.

"I think also that yon will agree that, tliis Government lias been meticulous in its care to uphold tlie principles of an independent. Judiciary, and I can assure you <hat nothing is further from my mind than to undermine tlie confidence of. the public in tlie fair administration of justice within New Zealand. "I would like to Hiiiiik you. however. for drawing my attention to the fact Unit a different impression could have been obtained by some people from my remarks.”