NORTHERN MAORI CASE.

New Zealand Herald, Volume LII, Issue 15864, 10 March 1915, Page 5

NORTHERN MAORI CASE.

_ ,$. PETITIONERS CENSURED, ORDERED TO PAY COSTS, >; ' RETURNING OFFICER EXONERATED 1 Akgfitekt in regard to costs in connection with the Northern Maori election petition, • which was dismissed last week, was heard ' by Mr. Justice Hosking and Mr. 'justice .. Stringer yesterday. Mr. E. J. Premiergast appeared for the petitioners, Mr. i E. C. Blomfield for the returning officer, 1 and Mr. J/ R. Reed, K.C., for the re. 1 spondent, Tau Henare. Mr. Justice Hcsking said the Court considered that Mr. Prendergast should show cause why he should not pay /-cats, which should go to the successful side, un- , 'ess good reason was shown for departing from that course. -•ir. Prendergast said that Mr. Reed claimed costs on the ground of special circumstances, but he submitted that the evidence given at Whangarei fell far short of what was necessary. The evidenco showed that respondent called in at a meeting at To H'oro and was asked "for his views by Nau Piraono, one of the petitioners, who said that if Tau Henaro voted for the Opposition, tho petition would be withdrawn. The petition had not been presented at that time, he understood, but whether that was so or not, the statement did not in any way alter the circumstances of the case. It was simply that Paraono supported a certain party, and if respondent's views were in accord with his, he would not go ou with the petition- Surely, there was nothing improper in such a. suggestion. Certainly, there* was nothing in the nature of a threat agaihst respondent. As to the suggestion that tho Opposition organiser approached respondent, he assumed thero was no need to go into that. Mr. Justice Hosking : Mr. Reed said ho had no evidence availablo to connect tho organiser with Paraone, so we did not t?.ke any evidence of any approaching on . ' the part of tho organiser. There was nothing in the way of extraordinary circumstances, continued Mr. Prendergast, that should cause petitioner to be ordered to pay the costs. . Ho submitted that where tho charges had been properly brought and had failed, the ordinary rule that each party should pay its own costs • should apply. It could not bo suggested that the petition was not properly brought, as there had been irregularities. There was also the hope of an amendment of the petition. . In regard to ■ the abandoned clauses, the booth at Rakauwhai was not open at the proper time, though he would admit that tho irregularity was of very slight importance; Mr. Reed : The returning officer arrived at 9.5 a.m. Only two ; votes were polled, " one of which was that of the scrutineer. „, Mr. Prendergast: There were 21 votes __ at the previous election. '",, : .. Counsel submitted that the returning officer should not be allowed any costs ■as ■ against petitioners. He did not claim' . costs against, the returning officer, , . >■ Mr. Blomfield submitted that in view of r; the whole circumstances of the case the \ ordinary rule as to costs following a case •' should apply. The returning officer, under ■ section 191 of the Legislature Act, was' >• 1 necessarily a party to the \*. proceedings. I ; Petitioners put his client to needless,ex-•:, pense in bringing unsuccessful ■ allegations , against respondent. Mr. Justice Stringer: You 'don't claim 1 ! costs as to the two unopened booths ■ *,' 1 Mr. Blomfield: I can't ask for costs in 1 respect of Karakanui—. ;, '~/.■. ,; ! . Mr. Justice Stringer :Or Te Horo! ,' ,'. „/ .\: Mr. Blomfield :. My submission is that " r the petition should not have been. brought. ' | In. regard to the ' abandoned clauses, wo 1 had to instruct parties' to make necessary " inquiries. ■••'■*. >. ,■ ' he Court did not call upon Mr. Reed. ■ { Mr. Justice Hosking said he thought there was no ; occasion 'to deal with the special circumstances, of which some, evi- ; dence was given at the close of the heari ing of the petition. In ; his" opinion 'no .' I sufficient ground had'been shown"for a ' departure from the ordinary rule that tho ' successful {tarty should receive costs.-' . J i- Petitioners, therefore, should pay respon-.," 1 dent's costs of the petition. -; He did, not - think ; the returning officer should- receive ■!. ' i costs other than those which he had in-''. i curred -in. respect of the* abandoned alle- : , '($ gations. costs the Court had, 'no '"* 4;. i means of estimating -, in the meantime. '.- The registrar would examine them. % ■ I '.-; o, * K Mr. Justice Stringer agreed. ..The peti- \ ' , tioners proceeded, he said, on .a'hare/; ! ?'■ technicality, but : they knew, or ought ,to j, 1 : ' ; have known, that it was necessary to go . 'M 1 further than that to void the election. " . * ; It was necessary that such irregularity ,- ; should have an effect on i the result of ■ ' q i the election. Petitioners knew, or ought . !■ ; to have known, that the only effect was % adverse ■: to the returned. member, l becaus»": ■< ';./: - petitioner's witnesses proved .that in all "■■;' probability a great number of,votes would ' ;, J have 'been given in his favour. The peti- "' '_•■s} tion should not have been .presented, in':"/* --.v« ; view of the facts known ,to the peti-;' ••.-'-{, tioners. In the Akaroa case, 10 out of --.; 11 boottis were closed an hour too 500n,,; :.j ajid it was held that the result of the elec- .■'„ ";_| tion was not affected. ' . - -, ');• Mr. .Justice Hosking mentioned, and . ..J Mr. Justice Stringer agreed, ' that the '■■■ charges did not reflect any discredit on -l the returning officer. * \ , j It is'-, estimated that the. costs will be between - £150 and £200. ■~...,.,'' .. -' ■ '■v . TRAFFIC ;OF THE PORT. ; * ~—' '} : y ' t Thf, arrivals in the harbour for the fort- ' - night, ended March 4 consisted of one Royal Mail steamer, '.seven large:cargo.. ' steamers, six inter-colonial or Island traders; eleven, coastal steamers from'.. Southern ports, and two sailing vessels, . an aggregate of 97,105 gross 'tons' and"" ' 54,245 net tons, . together . with 259 .'l,i| local coasters of 43,148 gross tons''' J and 23,334 net tons, making a grand total of 140,2£3 gross'tons'and , 87,579 net tons. The departures consisted i-; of one Royal Mail steamer, five large cargo ■ ~* "i steamers, five inter-colonial or "Island % :'- traders, eight coastal steamers to Southern ' jf ports, and ono dredger, an aggregate of ' A 66,675 gross tons and 41,250 net tons, ~: together with 292- local coasters of 43,378 gross tons and 20,815 net tons, making a grand total of 110,053 'gross". tons and „ ■ 62,125 net tons. " v' ' — .