MEASURE PASSED

Nelson Evening Mail, Volume LXXIII, 30 November 1940, Page 2

MEASURE PASSED

SESSION TO END NEXT WEEK THIRTEEN DIVISIONS IN COMMITTEE MANY OPPOSITION AMENDMENTS REJECTED [From Our Own Parliamentary Reporter] WELLINGTON. This Day. i After occupying more sitting clays than any measure that has 1 come before Parliament in recent I years, the Small Farms Amend--1 ment Bill was passed by the House of Representatives early last evening. The debate on the second reading of the Bill commenced in October when about half a day was spent on it. The debate was resumed last Tuesday and the remaining stages of the Bill occupied the whole of the sitting week, each sitting day being extended beyond the normal hours. A large number of amendments were moved by j the Opposition yesterday but each one in turn was defeated and the Bill went through without alteration apart from a provision introduced by the Minister of Lands (Mr Langstone), who was in charge of the Bill, to exempt the acquisition of land owned by per--1 sons absent from New Zealand with the armed forces. In the dying stages of the debate the Prime Minister (Mr Fraser) said i that the Government was making an experiment in substituting a Magistrate for a Judge of the Supreme Court to hear claims but the Government felt that no injustice would be done. He gave an undertaking that if any injustice occurred he would alter the method. When the House of Representatives resumed yesterda; afternoon the discussion was continued in committee on the amendment to clause three of the Small Farms Amendment Bill by Mr E. B. K. Gordon (National. Rangitikei). This was designed to give returned soldiers the right to apply for the fee simple as well as the leasehold of their properties. On division the amendment was defeated by 34 votes to 19 and the clause pissed on the voices without further discussion. The next clause, which gives the Government power to take land for the settlement of discharged soldiers was debated at length. Mr W. J. Poison (National. Stratford) moved an amendment to give soldier settlers the right to acquire the freehold and this was lost on division by 41 to 19. The Minister of Lands. Mr Langstone. then moved an amendment to the clause which provided in effect that no land could be taken which belonged to persons absent from New Zealand with the armed forces. This was carried on the voices. Mr C. G. E. Harker (National, Waipawa) moved an amendment to cancel the first schedule providing for the non-application of certain provisions in the Public Works Act and the Finance Act (No. 2) 1939, and this was lost on the voices. He followed this up by moving the deletion of a sub-clause which provides for reference being made to the Magistrate's Court instead of the Supreme Court. This amendment was rejected by 40 votes to 18. Clause 4 was adopted by the same vote and clause 5 was taken on the voices.

Mr W. P. Endean (National, Parnell) moved an amendment to clause 6 to provide that the hearings of objections against the taking of land should not be heard by the Minister, but that the provisions of the Land for Settlement Act should be substituted. This was lost 39-18. The deletion of the subclause referring to appeals to the Minister was lost 39-17, and the clause was adopted. The next clause, which provides for the taking of land, was adopted without objection. Mr W. S. .Goosman (National. Waikato) moved an amendment to clause 8 to increase the time allowed for claims for compensation from six months to twelve. This was rejected 39-16. He then moved that the value of the land taken should be such as would be realised when offered by a willing seller in the open market. This! also was lost, the voting being 38-16. An amendment to clause 8, which deals with the question of compensation, and which Mr Hamilton declared was loaded against the farmer, was forced to a division, but was thrown out by 37 votes to 16. The Opposition disputed several minor points in the remaining three clauses, one of which relates to the constitution of the Compensation Court. Clause 9 provides that a Magistrate and two assessors shall constitute the Compensation Court, and Mr Doidge (Tauranga) moved an amendment that a judge of the Supreme Court be substituted for the woi d Magistrate wherever it occurred. He declared that the farmer under the Bill had lost the right to freehold, now he was to lose his previous right of going to the Supreme Court if he thought he was not getting a square deal.

The Prime Minister stated that in the clause under discussion the Government was making an experiment. “We frankly admit it is an experiment,” he continued. . “and we feel that no injustice will be done. We do not have members of the Supreme Court on tri- , bunals to decide whether a man shall go to the Front therefore on the moral aspect there is no argument. It is a question of who is the most suitable for the job. But if any injustice is perpetrated I will certainly undertake to alter the method. If the experiment does not work and there are possibilities of injustice, we are prepared to amend it.” Mr Bodkin: How can the Minister be satisfied there is injustice unless the case is reviewed? Why not give the right to appeal? The Prime Minister referred to talk outside the House of violence or threats of violence over the opposition to the Bill, declaring that whether these threats were made by Members of the House or others outside the House, these expressions would be scrutinised by the law officers. “People are entitled to express themselves freely and forcibly,” added Mr Fraser “but some of the remarks made at ’these lTne ” nSS CSme Vel y near th ° border - Mr Bodkin suggested that the most disturbing statement came from the Government Member for New Plymouth. who told the House that it was part of the scheme for the conscription of manpower and of wealth. Injustice he contended, could only be proved in a judicial way, by evidence The Crown to-day was in a stronger position than when it formerly went to the court over land purchases, because it had its experts of the Lands and Agiculture Departments. The amendment moved by Mr Doidge was lost on division by 36 votes to lb, and a similar amendment which he moved on the next clause was lost on the voices. All the remaining clauses of the Bill and the Schedules were adopted without division, and the Bill was reported to the House. The motion for third reading was challenged by the Opposition, and a division was taken without discussion the Bill being passed by 36 to 16. Before the House rose at 6.30 p.m. till 2.30 p.m. on Tuesday the Prime Minister gave an indication of the business for next week.