NEW LAWS.

Poverty Bay Herald, Volume XL, Issue 13258, 17 December 1913, Page 4

NEW LAWS.

- — __ — ___-o» — i — ; — SESSION'S WORK IN BRIEF. PRINCIPAL ACTS DESCRIBED. FINAL INSTALMENT OF FREEHOLD. DEFENCE, LABOR, AND LOCAL GOVERNMENT. CONCESSIONS" TO PUBLIC . SERVANTS. CFwtn our Parliamentary Reporter.) WELLINGTON, this day. : The session is' riot, a record for legislation either m importance or bulk, but it beats the previous records for length, kaving lasted over 24 weeks. The longest was m the middle of thfe previous Parliament. The difference is less than a week. A new Government's anxiety to make its -mark on the Statute Book, and the activities of -an Opposition . stronger 'than has been -experienced ior two' decades, account for the recordbreaking. New Zealande*.*. lire evidently trustful of their Par._;afi_ents, unlike the Americans., who .vote with satisfaction a .tendency to shorten sessions. New Zealanders ha>ve seen the annual gathering .of politicians m Wellington grow longer --as. the years roll round. A former generation was content with a session epding m October,- bnt bigger mea-: sure. ._ demanded nowadays. MUCH MACHINERY. The latest legislation contains a good ' deal of purely machinery amendment alterations, which involve rid .new de- j iparture m polities. In thi9 class of Act ' are grouped the amendment. I (promised alterations m the tariff have [ not eventuated), Rating Amendment ' Aot, .Le^al Elections an d Polls Act, Municipal ; Corporations Act (ri compre* ' hensive local governing measure being left for future • occasion), Local Bodies ' LoatiV State. Advances., Shipping and ' Seidnen's Act, Education Reserves Act, i Hospitals and Charitable Institutions ' Act,: Land. Transfer Act, and River i Boffrdi. Act, Land Drainage, Land Agents', Public- 'Works Amendment, ' POst and .Telegraph Amendment, Pat- | ents Designs and Trade Marks, Public 1 Revenues, and Public Trust Office Amendment: ' :' :v T.AND LEGISLATION. I The heaviest, plarik iti ir the platform i ol reform* was the enunciation of the i freehold principle m regard to land tenure, and' when it attained office last i year it- proceeded to give effect to this • policy by pdtHJn^'(i.'secf foil of its belief i m the Statute Book, last year's con- < tribations took /the .shape of affording . all Crown, tenants' except those holding i sections tinder 'th 6 Land for Settlement < Aot' the opportunity of acquiring the fee -si-nple, arid m t-he 1913 session Mr 1 Massfey proceeded to extend the privi- < lege to the lease-in-perpetuity holders. i Such tenants may now acquire the free- i hold -within the next five years at the i present capital value, the present value < less the value of improvements to which j the lessee is entitled., which it is stipu- , lated, however, shall not be less tvian the original value. Payment may be Either made m cash or on the deferred { system. Ylf on the latter basis a 5 per ( cenL discount of the purchase price is , required, the, remaining 95 per cent, be- - ing spread over a period of 19 years i an annual payments each of 5 per. cent., with an addition of half annual pay- i ments of interest on the balance of purchase money at ,5 per cent. The Act • .also provides for the borrowing by the ,' Government of a yearly sum not exceed- . Jirig £600,000 15f ! the acquisition of land for settlement purposes, of which amount £100,000 riiay be earmarked for roads and bridges," ' affording access to the 1 new.y-ac'quired lands. The Act further s pjrpvideS for tho compulsory acquisition c of privately o%vried land, and to restrict aggregation. - , 'An^ important section to holders of ] land "m the Hauraki mining asitrict is l one underi which licensees may acquire c the fee simple of their holdings, with } the stipulation that the Crown may rer " sume any part of a section for prospect- . in^ or mining , purposes, except such as J is" actually used by tie owner as a gar- a d£n, oiTha-jd',\drpleasiire ! ground attach- ■? ed to his residence. ' . NATIVE LANDS. c In justice to the Government's ex- . pressed policy of putting into effect as J neat as possible the small freehold c system l throughout the country, the I Native Minister this year placed an Act * on the Statute 1 'Book giving the Crown a power to purchase the reversionary m- l terestS' of natives .. in^their lands,' provided the natives themselves are agreeable to sen;., the intention being that Europea'ri tenants on native-owned lands may thus be enabled to acquire the freehold thrdngh the Cro\yn. The Act pro- t vides'foi. the Iteeping of native land c titles 'clear by an kutomatic process of t succession orders, arid simplifies the es- r tablishing of' the -tenure of European A settlers on MaojsL land; r NAVAL DEFENCE. t The Naval Defence 'Act presages an c important departure, 'inasmuch as it con- j tains- the* germ of an aspiration On the jpa,rt, of the Government to take ati ac- t tiv'e'and' to some extent an individual .. part m the policing of our own "seas, j Provision .-.'made for the members of a j. squadron , manned and • officere9^eritirely by New -Zealand, and controlled by the New* Zealand Gbverririient, but passing |j automatically ynder the direct ' control r of the' Admiralty 'immediately on the f outbreak of hostilities. A start is to be * made ; wit_i JLM.S. Philomel as a train- ? ing' ship 1 , this vessel having been lent \ by'th'e Adriiiralty for this purpose, while two light cruisers of the old Australasian A squad are also to be. stationed in' our r waters. It is, moreover, proposed by, the Government next year to ask Par-' liamerit to sanction "the construction of \ a new cruiser of the Bristol type, at i a edit .of about £400,000, to <be used, if 1 necessity arises, for the protection of our 1 trade rputcs. For the present the ap- t propriatioris sought for the maintenance 1 of New Zealand's young navy is the i same amount as we have been paying 1 as a subsidy to the British Navy, i £100,000 a year. ' « TO PREVENT STRIKES. No time was available to 'consider, the ) main amending Labor 'Bill,'' but tlie \ urgency of the case, dlemftrfded' thirti some more., 'effective anti-strike legislation , should be passed and the Labor Dis- i putes Investigation Act was passed. It j applies equally to employers and workere^ whether associated under registered ; . bodies or not. If a dispute' arises notice | must be given to the Minister of Labor, , arid- the. measure^ provides for holding off any action by .way Of strike or lock-out : until /-a. labor dispute committee has publicly/investigated the merits of the affair.. They, submit recommendations to the . Mi-'iister and the parties. Public opinion is /th'feri.' enlightened on the .whole ques-, tioni arid if a strike or lock-out follows a secret ballot -of . riiembers is a' iiecessary preliminary to sanctioning a" strike. Public sympathy, a valuable asset, goes tq tKe. side most deserving. The maximuni, penalties for a breach of the Act are, m - the case of workers £10, employers #600, industrial* unions of workers or employers £1000, or £10 per member. whichever is the smaller. STRIKE INTIMIDATIONS. . . ..An amendment of the Police Offences A<_t was passed- this year,' -by 'which a fine of £20 orjhree iri6hths' imprisonmerit is imposed as a penalty for unlawful'^intiinidatioiis or violence, with a vie^'to restricting the freedorii of any perspn to do or abstain frorii doing ariy act which he has a legal right to do or abstain -frpm doing. A clause' was also adicte'd, makirig anyone who incites anothfer': t6 : the coihri._Bsion of an offenc^ punishable on summary conviction by fine ;-or imprisonment. 'This- addition to the list of police - offences was inspired largely oy the strike disturbances at Wa'ihi 'the previous year. TAXATION. Though a Customs' Act was passed it involved no alteration 'm the tariff 1 / as it Yyas pujrelya consolid-iting measure.' A siijall concession was made to the taxpayer Mi the Land and Income Assessment Act, an exemption of £25 m respect .: of each child of 'a taxpayer not exceeding five being made on tjie income tax, provided the total income Aq<}b not exceed £425 per annum. An amendment was made m the Beer Duty A(jt, giving the v Minjster of Customs -.the; r^ght of approving the issue' of brewers' licenses, and providing improved facilities, for the"collection of the Beer Duty. No. alteration was made m the impost.

f BRIEF BUT ..IMPORTANT. J The shortest biiV n'ibst controversial item was the Lej+silature Amendment Bi M. Vt . ci}\ .sist cd' when > first introduced of a snort title and one clause, providing that the deputy-clerk of Parliament shall act "as clerk of Parliament during the illness or - absence of the latter officer, but during the committee -stagf another "clause, brief but lWirilentbu_!, was introduced by.,. llm Od veViiriieht ; tb repeal the decoi.d '-Ballot. No substitute \vn. provided, .ioi' was bhe promised U..-.1 ... record stonewall by the Opposition provided an, emphatic protest. The obstruction was ended by the exercise of a power by the Chairman of Committees, for Miich the only New Zealand jiretedent happened m 1891. The .4A. &e was j>assed, the Prime Minister Undertaking that next session the House will have an opportunity of considering soriie election Ysystem better tWh the crudity which facetious members term "the first past thfe post" method. -PENSIONS. A Further instalment of pensions legislation was /placed -.on -the law book this session. Single males of 6& years and females of 60 years-, "and married males of 60 yosti*' ahd females of '55 years beii.jr the parent of two or more child reri under 14 years of age. are now en titled to draw the old age pension provided they have resided for 35 year-! m New" Zealand, either continuously oi over a period of 27 years. The maximum pension is £26,. with £1 ' deducted for every £1 of income above £34, while where two or more young children artdependant oil the pension, the {.mount of pension may be added to, at the dis cretion of the Magistrate, to the extent of £13. In the matter • of : property the pension is allowed exemption on £34C value for residence and effects, and £50 interest m other property. The widows' pension is now fixed at JDI2 for one child, £18 for two, £24 for three, and £30 for more than three. Exemption is allowed from deduction up to £100 of earnings^ A military pension of £36, irrespective of any private income, is now payable to holders -of the New Zealand war medal who have resided m New : Zealand for ten years prior to the date of application, and who are v of good moral character and of sober habits. PUBLIC ADMINISTRATION. Under the Police ' Force Act of 1913, the internal economy and domestic affairs 'of the force have undergone a good deal of alteration"." Especial provision^ have been laid down for the maintenance of discipline and efficiency, while an entirely new process is initiated m the' matter of' investigation of charges of . misconduct and remissness of duty. A special. board of appeal has been set up for members of the force dissatisfied with the result bf an inquiry, with a "Magistrate- as r chairman. While the Bill was going, through 4<be Hbu.?e a big controversy arose as to the rights of the police to form an association, a proposal which was firmly and .successfully opposed by the 'Minister of Justice, who declared that the members of the police force could, if they so desired, become members of the Civil Sen-ice Association. NEW BANKING LEGISLATION. Under circumstance^, happily very different from a grievous historic occasion of banking legislation, Parliament dealt with the charter of the. Bank of New Zealand, authorising an increase of three millions sterling m the Capital. It is not proposed to raise more than a million at present. Whatever increase is made m _ the batik's capital, the State's interest ih the proportion of one to two will be preserved, and other . means of controlling the policy of the bank have been maintained. The reserve fund cannot be used for payment of dividends without the Minister's consent, and a siniilar provision applies to the raising of new capital. ! AGRICULTURAL OFFICERS. A ne,w controlling power over the Agricultural Department, with its varied and extensive ramifications, has been created by the Board of Agriculture Act, which established a body to advise the Minister of Agriculture upon all questions associated with the great primary industry. The office is to be temporary, and the members will be -nominated for a term of three years, representation being given to the* A. and P. Societies of both islands. With a view to assisting the fruit industry, especially along the lines of developing an export trade, the Fruit Preserving Industry Act has been passed to authorise the lending of £25,000 per annum' by the State for the establishment 'of cold stores for fruit-canning works and other works m connection with the preservation of fruit. CONCESSIONS TO PUBLICSERVANTS. Two large bodies of Civil servant!, received concessions m salary as a result o|[ the, session's ' legislation. A strong demand for consideration led to the primary school teachers receiving increases which will cost £28,000 per annum immediately, and will involve £30,000 m the course of a few years. By one clause, which doubled the £5 annual increment, 2434 teachers \ are said to bfenelfit.* ' Another' instalment ot educa-tio-T legislation is expected next year, as the big questions dealt ' with by the Royal ; Commission have not yet been handled by ''the House. 'The non-clerical division t>f the railway service benefit to" the extent of about £60,000 by an amehdriient of the ciis^sification. last session. The turn of the first "division of 'railwaymen came this session, wheii* 'improvements were made m the salaries of' n£a_ , ly' t everv grade, fiirther ( concessions being; provided 1 by wiay of alterations m tlie regulations^ mSaking a total of about £33,000. ■ MISCELLANEOUS. JAn important departure from previous policy ' in ! ' regard to public works wais mfrde m the Railways Construction arid Land Amendment Act, which gives to loica'l bodies or companies the right of constructing and running railways, Lc-eal authorities may'' 'levy .special rates ai security for any railway construction lohn. A Railways Authorisation Act provided for two small' extensions to existing lines. The Loan Bill, to which legislators liave become accustomed, this sessiori was for £1,750,000. lUnder the Municipal Corporations Amendment Act, the poivers of municipalities {ire extended , in several interesting directions, m addition to innovations,' including the biennial election of Mayors, Borough Councils may under thjis Act tell coal and coke, contract to supply electricity to persons residing beydnd the borough with the consent .ot the local authorities concerned, con T tribute to the cost of construction of a boat haven, provide, musical and cineirihtograph entertainment, and also undertake the establishment of a service fdr the conveyance of passengers and gdods. Clause 22, which provides for tr]is undertaking, was the subject of a ..considerable amount of controversy, owt injg to the peculiar poyition m which the Auckland City Council is placed regardinfe ihe privately-owned tramways m tne Northern city. To get over tho difficulty a special provision w.-ns inserted, giving the Auckland " Council, power lo run services as supplementary to or hit extension of the existing service. The law relating to copyright has been in 1 an, unsatisfactory condition m New Zealand, but, the. passing of a very compete English measure m 1911 jpve an dj-portunitv of bringing local provisions iip to date. This 'ha..' been done, with t-h'e resydC that the produce of the writer oi' artist, whatever form it takes,^ photograph or phonograph , record, liter-try wbrks. artistic craftsmanship, or sculpture, is completely protected from the, pirate for the life of the author, and a pchiod of fifty years afterwards. 'Another Act bf '.oriVc interest to the general public is the ani'eridrii(.rit of the Public Trufet Act, passed m the 1913 petesion. Inter alia, the Public' Trust Office Board has been reconstituted, a new departure being the inclusion o.n tho Board of two persons not holding any bffide m the public servide; .one 'or them to be experienced m matters relating to farmii-g -dhd live stock,' arid the other foxing a man of commercial standing under the Act. The Public Trustee may m future act with an advisory trus< tee' in the administration of an estate. Tlie judiciary has reoeived attention from.- the Appeal Court to the -. Magip trate's Court. Under the Judiciary Ad «n additional judge is to be appointed, making .seven, at an annual salary of

£800 each, and the Chief Justice, who j will receive £1000. A complete casting iof Appeal Court arrangements has been made, so -as to prevent the congestion | experienced m that branch. There are to be two divisions .of the... Court ol Appeal, each consisting of the Chief Justice and four other judges. Thus, tile business will.be distributed .in -such ;\ way that tlie old practice of taking the judges from their districts three times a year for appeal sittings of about rive weeks on each occasion will .be •t voided. It was at first proposed to appoint two extra judges, but the Government made a concession to Opposition criticism, when it decided to be content with one. The appointment of Sir Joshua Williams to the Privy Conn cil will, however, involve making two •ie\v judges ill the dear future. Ky the Magistrate Courts' Amendment Act, the status of Stipendiary Magis trates has been improved. Their salaries will, be . independent of an annua 1 vote and criticism m Parliament, and they have been raised, senior magistrates m the cities being paid £800 per annum, and those m other districts £700. The cost of the improved scale, will 'be £3200 per annum. Magistrate? have been given jurisdiction i'li partnership account? up to £200, and their civil jurisdiction lias been extended m other directions ■■