APPEAL TO COURTS

New Zealand Herald, Volume LXX, Issue 21562, 5 August 1933, Page 12

APPEAL TO COURTS

RIGHT OF ACTION URGED CASES OF DISPUTE ATTITUDE OF GOVERNMENT A proposal by the Auckland Chamber of Commerce that importers should have a right of appeal to tho Courts in any dispute as to the-meaning and purpose of any terms used in tho customs tariff led to a discussion before the Tariff Commission yesterday between Professor B. E. Murphy and the representatives of tho chamber, Dr. E. P. Neale and Mr. G. Jackson. Representations had been made to tho Government, and last year tho then Minister of Customs had written to tho Auckland chamber that if the decision of a Court were suoh as in the Government's opinion would render ineffective some duty or exemption which was considered important in tho interests of Now Zealand, it would bo tho Government's duty to introduce legislation with a view to remedying tho defect which had been j shown to exist. Consideration of the chamber's proposal was promised, but from this and later correspondence it was considered that tho Government in its communications was discussing possiblo retrospective legislation. Professor Murphy remarked that the chamber seemed to be under some misapprehension. The Minister had stated that legislation would be introduced to restore the position if the need for it were proved. Mr. Jackson: We take it that the Government intended to introduce* retrospective legislation. Dr. Neale: Tho letter suggests retrospection. Professor Murphy said ho understood the ground of objection, but it seemed to him that tho Minister's pronouncement might save appellants tho expense of a good deal of litigation, Ho questioned tho competence of a Court of justice, as a lay tribunal, to decide detailed tariff questions so well as tho Minister and his expert advisers. Mr. Jackson: Wo want tho right of appeal from arbitrary decisions of the Minister. Professor Murphy: That is begging the question. Arbitrary is a questionbegging word. Mr. Jackson put in a transcript of a passage in Lord Hewart's book, ''The New Despotism," relating to Ministerial decisions. Professor Murphy: I have read "The New Despotism" and all that line of literature. You had better give it to Dr. Craig for his soul's good. (Laughter.) Dr. Neale: It might be possible to set up an expert tribunal, somewhat on the lines of the Arbitration Court. LOWER DUTY SOUGHT MANUFACTURER'S REQUEST PAST PROTECTION VALUED A most unusual request, coming from a manufacturer, that the duty upon British-mado floor rugs should be reduced from 25 per cent to 20 per cent, was made to the Tariff Commission yesterday by Mr. J. W. Tattersfield. governing director of Tattersfield. Limited, textile and upholstery manufacturers. Mr. Tattersfield expressed his thanks to the Customs Department for the help it had given his company over a number of years in establishing its carpet and floor-rug industry under a protective duty of 20 per cent. "I now ask that this duty be reduced from 25 per cent to 20 per cent British, thus meeting the British makers' request halfway," he said. "I should, however, liko to see duties on foreign importations of carpets and rugs 75 per cent, especially from those countries which shut out our primary products. We can progress now on 20 per cent on our rugs. ,

"There is another section of our business which is very successful —tho manufacture of needle felt, which is free into New Zealand. Here, again, it is an industry "which is using mostlv our own rhw materials. As wo hold our own and are increasing this business, I do not intend to ask for any protection here." Mr. Tattersfield gave his opinion that apart from those associated with New Zealand primary industries, no secondary industries of any magnitude could bo built up in the Dominion. There was little doubt that the textile industry, like other industries not importing raw material, had a future within certain limits, although it was handicapped by not having an export market and by relatively high costs of buildings and machinery.