LAW REFORM

Evening Post, Volume CXXII, Issue 69, 18 September 1936, Page 9

LAW REFORM

REMOVING ANOMALIES AMENDING MEASURE PASSED BY HOUSE

Curious old rules of law will dis appear when the Law Reform Bill is passed, stated the Attorney-General (the Hon. H. G. R. Mason) in the House of Representatives yesterday when moving that the Bill be committed. It was read a second time pro forma some weeks ago and referred to the Statutes Revision Committee. "I can assure members that all the substantial elements in this Bill are desired by the legal profession," said Mr. Mason. "They are necessary for the administration of justice." There was difficulty in making nontechnical men understand the need and urgency of attending to matters of this kind. Injustice occurred and there was a, tendency to say that the Courts :>r the lawyers were at fault. The Bill sought to remove some of- the old rules of past days and make the law modern. It was a question of modifying or abolishing certain rules. An influential committee in England had dealt with a number of the points, and the Bill was built up from the work done by that committee, which had as its chairman the late Master of the Rolls, Lord Hanworth. A specific example of what the Bill aimed at was given by the Minister, in referring to the first part of the Bill titled, "Survival of causes of action after death." If a motor vehicle caused injury, said the Minister, and the wrong-doer was himself killed in the accident, as the law now stood there was no remedy in law for the injury that accrued to any other person due to that accident. There was no one to sue, the wrong-doer being dead, and the net, result was that the wronged party had no remedy. The Minister of Lands (the Hon. F. Langstone): Gone to another place. Mr. Mason: That is so; a writ cannot be served" where the gentleman has gone.

' LAW NOT JUST. Continuing, the Minister said it would be clear to members that the law was not just and the Bill remedied that. There were also amendments of the Deaths by Accidents Compensation Act, 1908. Under .the existing law an illegitimate child had certain rights in respect to the death of its parents, but the mother would not have any rights in respect of the death of the illegitimate child. That was illogical and the Bill cured that doubtless unintended provision by extending the definition of the term "child" so as to include illegitimate and adopted children, with the result that in future the provisions of the principal Act would extend to those children and their parents. In case of death by accident damages would include under the Bill the cost of funeral expenses.

Under part four of the Bill, said the Minister, curious old rules of law were abolished in respect to the liabilities of married women, and the liabilities of husbands. Some of those rules were no doubt suitable in olden days but not today. In ancient times the husband was liable for his wife's misdoings. There was a logical basis for this because the husband was entitled in early times to his .wife's property and there was a reason then for suing the husband. The law still imposed conditions which were considered unfair both with respect to the property of married women and the liability of husbands for their wife's torts and antenuptial debts. The Bill was designed to amend the law and abolish inconsistencies, and effect remedies. "It Is not from any desire on the part of lawyers or Courts that the law does not keep in step with modern conditions," said the Minister. He added that those unacquainted with these technical details did not understand all the issues such a measure involved. In conclusion, he thanked the legal profession generally, the legal members of the House, and members of the Statutes Revision Committee for the help he had received from them in framing the Bill. GENERAL APPROVAL.

Mr. W. A. Bodkin (National, Central Otago) commended the AttorneyGeneral for the reforms proposed in the Bill.

Mr. F. W. Schramm (Government, Auckland East) said nobody could take exception to anything in the Bill. The legal profession, through the New Zealand Law Society, had approved the measure.

Mr. W. P. Endean (National, Parnell) also paid a word of praise to the Attorney-General on the introduction of reforms which were many years overdue. Most of the amendments to the law followed reforms instituted in Great Britain.

Subsequent discussion disclosed general approval of the Bill, which was put through all stages and passed, with several minor technical amendments.