RIGHTS OF COUNCILLORS.

Poverty Bay Herald, Volume LI, Issue 16768, 29 June 1925, Page 11

RIGHTS OF COUNCILLORS.

CAN THEY SEE COBkESPONDENCE'? OPINION OE BOROUGH SOLICITOUS. A he'atecl controversy took place at a recent meeting of the Borough Council over the question as to whether or not a councillor was entitled at all times to peruse correspondence on Borough affairs. A legal opinion received from the Borough solicitors, and width no doubt will come up for consideration at the ordinary meeting of the Council 10-morrotv evening, indicates that the rights of a councillor ate limited, and that councillors are only entitled to make private inspection of the Council’s books and documents, under special circumstances. The opinion also suggested that a little give and take on both sides would materially assist to avoid any friction in future.

The opinion, inter alia, states: — "The ease of Bex v. The Southwold Corporation is very much in point, and we quote it in full. ‘Cause shown against a rule iTtsi for a mandamus to the Corporation and to the Town Clerk of Southwold commanding them to give access to the applicant, Wfightson, to all papers and documents in connection with a scheme of the Southwold Harbor, to afford him reasonable opportunities of inspection and of taking copies. “On November 9, 1906, a resolution was passed to give the option of a lease of 27 years to the Southwold Harbor Board, and authorising the sealing of the agreement t,6 carry the resolution into effect. The applicant was opposed to the majority of the Council, and the affidavits wOrfe at variance as to whether or not the documents in question had or had not been inspected by the applicant. On January 4, 1907, the Corporation passed a resolution, ‘That the Town Clerk be instructed' not to answer any further question or afford any further information to Cr. Wrigktson with regard to the harbor question, on the ground that ho is likely to make use of the information so acquired for a purpose antagonistic to the policy of the Town Council. '

“Lord Alverstonc, C.J., said: T am deciding this crisO on its particular facts. I quite agree that a councillor has no right to a roving cOmirUSSiOn to go rind examine books or documents of a corporation because he is a councillor. Their curiosity or desire to sec arid inspect documents is not sufficient, but i consider the Court lias the power to order the production of any public documents which the person who applies to see them has a right to see, and a bona fide ground for wishing to see, ~ “ In Halsbury’s Laws of England it is stated: ‘The books of a corporation are as a general rule open to the inspection of the corporation only for corporate purposes. But neither individual members rior ii riiember or members of a corporation are entitled to demand a general inspection of the deeds, books, and documents belonging to the corporation as a whole, uii; less it can be shown that such inspection is required in connection with some definite arid particular matter in dispute or controversy between the members themselves or between the edrpofation on the one hand arid individual members on the other. The Court Will not order an inspection on general charges or riicrcly for the purpose of;, discovering whether charges can lie made'.’ ‘ 1 The law laid down in these authorities should be a fair guide, but generally speaking, wO think that councillors should only be entitled to make private inspection of the Council's books arid documents under special circumstances and not always as a matter of course. Of course, at tho Council's meetings they are,- one and all, entitled to inspection arid information in regard to all documents and matters. ,

“The Mayor,,Town Clerk and councillors occupy analagous positions to that of tiio chairman, secretary and directors of incorporated companies, and if the ordinary director had the right to come into the company’s office at all times and enquire into all matters, it would be very hard for the employees to Carry On their tfork. The directors’ meetirtgs arc the proper places for that sort of thing, »M aft with the Council. ; "No doubt a little give and take On both sides would materially assist to avoid any fnctioii in I'ulnre. ’’