SOLDIER M.P.’S

Te Awamutu Courier, Volume 60, Issue 4234, 22 January 1940, Page 5

SOLDIER M.P.’S

SEATS IN HOUSE WILL REMAIN VACANT ELECTORAL ACT PROVISIONS The appointment of Colonel J. Hargest as a commanding officer in the 2nd Echelon of the 2nd New Zealand Expeditionary Force brings up to six the number of members of the New Zealand House of Representatives who have enlisted for service in this war. They are: 'Colonel J. Hargest. (Opposition, Awaruai). Major J. M. Allen (Opposition, Hauraki). Captain (temporary) W. J. Lyon (Government, Waitemata). Lieutenant A. G. Hultquist (Government, Bay of Plenty). Lieutenant J. F. B. Cotterill (Government, Wanganui). Mr E. T. Tirikatene (Government, Southern Maori). All the above -members, with the exception of Mr Tirikatene, who enlisted recently, have been posted to duty, with either the Ist or 2nd Echelon. Enlistment does not disqualify these members from their seats in the House, and under the existing legislation the vacancies created by their war service will remain open till their return. The Electoral Act, 1927, states clearly that notwithstanding anything to the contrary in the Act, the seat of a member of the House ‘‘shall not become vacant nof shall, any person be incapable of election to the House of Representatives by reason: “(a) Of his enlistment in any of His Majesty’s Military or Naval Forces, raised for service beyond New Zealand; or “(b) Of his appointment as a commissioned or non-teommissioned officer in either of the said forces; “(c) Of his receipt of pay in either of the said forces.” An additional provision in the same Act safeguards members or former members of the House from certain restrictions on future membership of the House. It is stated: “No person who enlists in or is appointed as a commissioned or noncommissioned officer in either of the sqid forces, while he is, or within 12 months after he has ceased to be, a member of the House of Representatives, shall thereby be deemed to be a public servant or contractor, notwithstanding the receipt by him of pay in respect of such establishment or appointment.”

It is interesting to note that these sections of the Act do not mention the position of a member of the House of Representatives who enlists in the Royal New Zealand Air Force. Presumably, when the Act became law 12 years ago, it was not envisaged that the air arm of New Zealand’s defence forces would, in such ai short time, attain its present importance. However, Parliament could soon make srich a situation right, should a member enlist in the Air Force.

Lieutenant Cotterill and Lieutenant Hultquist are now in training at Trentham for posts as officers with the 2nd Echelon, to which Colonel Hargest, who had a distinguished military career in the last war, has been posted. An amendment to the Electoral Act, 1927, passed by the last session of the present Parliament made it clear that enlistinent or service with the forces, either overseas or in New Zealand, did not disqualify a member from his seat. This was necessary at the time, because it was not known that the Special Force would be serving overseas.