COURT OF REVIEW

New Zealand Herald, Volume LXXVI, Issue 23488, 27 October 1939, Page 6

COURT OF REVIEW

FOUB YEAES' WOBK ACTIVITIES COMPLETED r 'ASSISTANCE TO FARMERS 8000 CASES DEALT WITH The Court of Review, which has now Completed its work, was set up four years ago'to carry out the provisions of the Rural Mortgagors Final Adjustment Act, 1934-35, and Inter of the Mortgagees 'and Lessees Rehabilitation Act, 1936. The Court dealt with some 8000 appeals and applications, and visited Wellington 25 times, Palmerston North 20 times, Whangarei 12 times, Invereargill and New Plymouth nine times each, Gisborne six times, as well as other centres. The personnel of the Court remained unchanged throughout, consisting of Mr. Justice Johnston, as chairman, Mr. Alfred Coleman, solicitor, of Stratford, and now Stipendiary Magistrate of Wanganui; Mr. R. S. Chadwiek, of Dannevirke, sheepfarmer, chairman and managing director of the Hawke's Bay Farmers' Co-operative Meat Company: and Mr. Withy King, associate registrar. Deciding Procedure At the commencement of its worU the Court had to give much thought to the procedure to he adopted. It decided against laying down rules and regulations covering the procedure of the Adjustment Commissions, and left the commissions, to overcome their own difficulties, having regard to the peculiarities..of tlieir respective separate districts. Experience proved that this course was wise. The Rural Mortgagors Act and the Rehabilitation Act were fundamentally different, in that the former provided for a budgetary period of. five years before an adjustment was to be made, whereas the latter required that adjustment should be mado forthwith, if rehabilitation could reasonably be provided for, or, if not, that the application be dismissed. The great advantage to the country of budgetary control over a period by a commission of three was the education of the financially unsuccessful farmer ill the ways of business; and it would appear that some mortgagors tfere sorry to see that system end. Fixing Average Prices In some parts of the South Island financial institutions are returning to budgetary control in cases where farmers are already in financial difficulties, and the farmers appreciate this consideration. Under the Rehabilitation Act the Court found it necessary, to fix for each district throughout the whole of New Zealand the average price of produce from land and stock in order to give the Adjustment Commissions a basis upon which to fix the productive value of land.' When this work had been completed and the prices issued, the Adjustment Commissions were then ready to begin their great task of hearing 34,000 applications. Some commissions, without deciding the facts, put hypothetical cases to the Court, or. deciding the facts, asked the Court to decide the law; but the Court refused in each case to deal with these, making each commission determine its own difficulties. Planning Itineraries Much time was spent in organisation of the Court's ininerary. The 52 registries under its control were asked to send all appeals and applications to certain specified central registries which made monthly returns to the Court of matters pending. After considering these the Court decided, having regard to the number and urgency of the cases, which district should be visited. The great difficulty in making fixtures was to estimate the time that would be necessary to complete the work in one place before proceeding to the next. In all its work the Court had invaluable assistance and co-operation from the Adjustment Commissions.