THE STATUS OF THE MAGISTRACY

Dominion, Volume 37, Issue 277, 19 August 1944, Page 6

THE STATUS OF THE MAGISTRACY

There should be full and general endorsement among citizens of the committee recommendation that the Government should give most favourable consideration to the petition presented by Mr. A. M. Colliding, S.M., of Wellington, which was discussed in the House of Representatives yesterday. The request that magistrates should not be appointed to paid positions on outside commissions or committees, that the Magistracy should be raised to the status of the Judiciaiy, and that all magistrates should be put on the same salary basis and m a position of independence, bears upon an important principle namely, that the Magistracy should be beyond reach of influence or hope or preferment, and that its members should be of equal status and aloof from the competitive aspects of career employment as State servants. The points made by the petitioner, ably presented by the member for Remuera (Mr. Algie), leave no doubt that this is a reform proposal of urgent importance. The position of a magistrate who ieceives in addition to his salary an additional fee for presiding at special inquiries could, given certain circumstances, be construed as being a compromising one. He is in receipt of a perquisite which may be regarded as having some value, particularly so in view of the modest fixed scale of regular salary, and this might be said to open the door to favouritism and partisanship, which should have no chink of access where the administration of the law is concerned. The raising of the status of magistrates would constitute a further and general safeguard of a similar kind, for it would offset any tendency to look upon them, or treat them, as departmental, officers subject to politically-inspired direction. This last danger, in particulai, is one which must be resolutely guarded against. There is a trend in our legislation toward slackness in regard to legal principle, and an undue tenderness toward offenders. The Judiciary stands apart as an instrument of impartial judgment, and the Magistracy, in its dav-to-day administration of the law, should be equally free and independent. There is complete justification for a strengthening of the position ot magistrates on the lines proposed by the petition; and, m addition, a strong case for review of magisterial salaries in order that equality may be established throughout the country and a high level of ability in this very responsible public office maintained.