MUNICIPAL LAW

Hawera Star, Volume XLVII, 1 August 1928, Page 6

MUNICIPAL LAW

ALTERATIONS PROPOSED. FEATURES OF THE BILL. ELECTIONS OE MAYOR AND COUNCIL. (By Telegraph—Press Association.; WELLINGTON, July 31. The Hon. E. J'. RoHeaton moved in the House of Representatives to-night I the second reading of the Municipal Corporations Amendment Bill. Lie said one of the principal features of the Bill was that it required that councils should maintain a profit and loss account with respect to their trading undertakings. Provision Was ;to he made for charging depreciation in respect of undertakings, the fund thus created to be held by three commissioners, who were to invest the fund and hold it for making renewals to the plant. They might also use the money for making advances to the council for the extension of the undertakings concerned. Another section gave councils power to make by-laws defining residential and business zones, and regulating or prohibiting the use of the area for other thon those purposes. Municipal franchise was affected to the extent that if voters holding residential qualification only did not vote at the election of the council they should not be included on the new roll unless they made direct application. The section in the principal Act (1920) requiring a magistrate to hold an inquiry into an election on the petition of a candidatae and a number of electors was repealed. The position which had debarred many public men from entering local politics' by reason of possible business associations with local bodies was eased to the extent that a member of a council may accept a contract up to £lO, or two or more contracts not exceeding £25, the Audit Office, on the ,application of a council, having the right in special circumstances to in-' crease the limit to £SO. An interest in any loan raised by the council or in a newspaper in which the council inserts advertisements, or in a lease granted by a council is not to constitute disqualification from holding office. Provision is made for the payment to a newly-elected mayor or member of a council for work done prior to the election. The date for the election of mayors and councils is altered by the Bill from the last Wednesday" in April to the first Wednesday in May. The Bill provides that if the same person is elected as mayor and as a councillor of any borough on the same day he shall he deemed to have vacated his. office as councillor, and the highest on the list of succeeding candidates is to be appointed in his stead. Councils are to be empowered to enter into contracts up to three years with any- of their servants with respect to tenure of office. Power is ! given to local bodies' to subsidise sick benefit funds established by their employees. , Authority under the Bill in this connection is ante-dated to April of this year. Control over halls and other places of entertainment is to he strengthened to the extent that a council may attach' conditions to licenses and withhold or cancel a license on the grounds of the licensee’s bad conduct. Right of appeal to the Supreme Court is given'. The Minister said it was the- desire i of the Government that the provisions of the Bill should he widely known. and it would be pleased to receive suggestions from those in a position to move them. DISCUSSION ON THE BILL. Mr. D. G. Sullivan said he feared the new provisions would tend to- hamper the local bodies in trading concerns such as electricity and gas. At present a- loan was elastic, and he did not agree with the Minister that the present Bill was an improvement. He hoped these clauses would be withdrawn or considerably amended, because it was unfair to punish local bodies which were carrying out their trading operations in a proper manner for some few who may have not done so. He also objected to power being given to the Post and Telegraph Department in the matter of control over streets used for telephone wires. This power was too drastic, and should be subject to agreement between the department and the council. In some respects the Bill might he an advantage, but on the larger matter it was decidedly conservative and reactionary. Mr. J. A. Nash said most clauses in the Bill had been asked for by the Municipal Association. Mr. Sullivan had referred to it. as reactionary, but as a matter of fact the measure contained many concessions which would bo highly valued. Mr. T. K. Side;- warmly approved of the proposal to allow a candidate to stand for both the mayoralty and a councillor. In this way the services of the most valuable, men might be preserved to a municipality. Sir John Luke said a Bill of 58 clauses seemed a fairly large order, hut considering the increasing activities of the local bodies.' he did not doubt the provisions were in most cases necessary. On the question of' the power taken by the Post and Telegraph Department over streets, lie advocated mutual forbearance, and. suggested careful consideration by a special committee, as there were undoubtedly two sides to the question. Mr. J. A. Lee (Auckland East) protested against the powers proposed to be given to councils in connection with licenses for dance halls. This legislation, lie said, emanated from the antismiling faction, which wanted to control all the amusements of the people and might even lead to- irresponsible councils forbidding dancing altogether. Mr. J. Mason (Napier) said it was wrong that Mr. Lee should give the impression that councillors tried to destroy all the joy in life. Councils in the past had not- ah sued the powers given them. Mr. Mason strongly urged that councils should be given power to subsidise the "Workers’ Education Association, as that association was doing useful work. Mr. H. T. Armstrong thought some Bill was necessary in conne'etion with municipal law, and there were some provisions in this measure of which he heartily approved, notably the power given to councils to subsidise an employee’s sick leave and benefit fund. He was particularly pleased* to hear the claims of the W.E.A. advocated, and he hoped the committee to whom the Bill was referred would put in a clause- giving councils power to subsidise that association. The Minister, in the course of his reply, said all the- points raised had been noted and would receive consideration. The work of the select committee would not lie rushed, and there would be ample opportunity for: co nisideration. ‘ The Bill was read a second time and j referred to a special eommitte appoint- j ed by the House. I