AUTHORITY FROM COMMITTEES

Southland Times, Issue 23227, 16 June 1937, Page 6

AUTHORITY FROM COMMITTEES

Method Of Issuing Summonses BREACHES OF CITY BY-LAWS COUNCIL DECIDES ON NEW PRACTICE The method of issuing summonses for breaches of the city by-laws caused a discussion by the Invercargill City Council last evening. The Works Committee reported that a summons has been issued against a man by the city engineer (Mr F. M. Corkill) for carrying out building work which was not in accordance with the approved plan. The committee had considered the matter and recommended: (a), that the summons be withdrawn and the matter closed; (b). that the consent of the committee or its chairman be obtained before summons were issued by the city engineer’s department for breaches of by-laws. Cr E. J. McLauchlan opposed the recommendation that the prior consent of the committee or its chairman be obtained to any prosecution. He said that for the protection of those persons having houses and buildings erected, it was imperative that the city by-lawo be properly enforced and the only satisfactory method of doing this was to bring a defaulter before an independent tribunal such as a magistrate. A council or committee is elected by the people,” he said, “and would be at a disadvantage in deciding such an issue, particularly when it affected persons well know to them. The more serious objection, however, to such preliminary proceedings is that the committee would have to decide the matter on facts that were not verified by statements on oath and might be given recklessly or untruthfully by any defaulter.” He did not suggest that any committee would be deliberately unfair or neglectful of the rights of property owners and house builders, but it would not enjoy the advantage enjoyed by a magistrate, who was not an elected officer but was appointed by the Crown and had the advantage of being able to disregard statements made on oath. In addition the fact that a statement made on oath before a magistrate at a hearing of a charge entailed a heavy penalty on a perjury charge if untrue and stopped any defendant being reckless of the truth.

RETURNS OF PROSECUTIONS Cr McLauchlan also said that the following figures, obtained from the city engineer, covered the prosecutions since he took office. The list was not formidable and showed that the prosecutions were not excessive and were almost always successful: Convictions, 36; cases dismissed, two; withdrawn on payment of costs and damage done, one; total of 39. These were made up as follows: building and other cases, 29; damage to streets and paths, 10. Cr McLauchlan added that to give the council or committee the responsibility of deciding whether or not a prosecution should be made approached too closely to the American system of city administration, under which officers of justices were elected by the people and did not enjoy the independence of the law officers of New Zealand. Cr J. R. Hanan said he was a member of the Works Committee, but he wished to dissociate himself from the clause and he would vote against it. Cr Jones moved that the council deal with clause A. He was not in favour of clause B, he said, and wished to congratulate Cr McLauchlan on the able way in which he had put his case. “All the trouble comes after the summonses are issued,” the Mayor said. “Some years ago I gave instructions to our heads of departments that our ratepayers and residents were not to be summonsed until the matter was brought before the committee concerned. It was then explained, however, that, as in the case of the traffic inspector (Mr E. Stopford) exceptions would arise. That is why this does not apply to other departments. A by-law, in my opinion, has to be used with common sense, not to persecute a man. This man did commit a breach of the by-law, but in the committee’s opinion he carried out the work better and more expensivey than that approved by Mr Corkill. It was decided, on Cr Jones’s motion, that the clauses be considered separately. Cr Hanan said he wished to explain that, while the job might have been more expensive, it was not in Mr Corkill’s opinion as good a job as the one he had approved. Cr Jones then moved that clause A be adopted. Cr Tait said that ho could not vote on the clause until he had heard Mr Corkill’s explanation. Why should a summons be withdrawn? he asked.

ENGINEER’S EXPLANATION The city engineer said that the original plan submitted by the man had been abolished and his permit issued on a second final plan. But the work had been carried out in accordance with the first plan. The man had admitted that he had departed from the approved plan. The clause was carried. Discussing clause B. Cr Jones said h<; thought it should be deleted. The council should have confidence in its engineer. Too much was being “pushed on” to the committee. He moved that the clause be thrown out. , There was no seconder to Cr Jones s motion. Cr G. J. Reed said that all summons issued by departments, except those issued by the traffic inspector, should come before the committees. Some of the city by-laws were “twaddle” and heads of departments could if they wished—not that he suggested that they would—bring up ratepayers on ridiculous charges. The speaker quoted a prosecution which “should never have been taken.” He knew the city engineer was very fair, but the council should have some safeguard. Cr Reed then moved as an amendment that “the consent of the appropriate committee be obtained before summons are issued for breaches of by-laws, with the one exception of traffic by-laws.” Cr Denham seconded the amendment, which was carried. The presence of the Magistrate, the clerk of the Court, the sergeant of police a constable and two reporters was required in Court yesterday while the law dealt with a first offender for drunkenness. Sergeant Kelly stated that the defendant had been arrested in Esk street at 5 o’clock that morning. The defendant was convicted and. discharged, and the magistrate, the clerk of the court, the sergeant of police, the constable and the two reporters withdrew; and so did the defendant.