MAINTENANCE SOUGHT

Taranaki Daily News, 15 August 1931, Page 11

MAINTENANCE SOUGHT

HUSBAND IN NORFOLK ISLAND.

POWERS IN NEW ZEALAND COURT

The question of whether a court order made in New Zealand can become effective in Norfolk Island was raised -at the Hamilton Magistrate’s Court last week when Air. L. Tompkins applied on behalf of a wife for a maintenance order against her husband, who is now. residing in Norfolk Island, _ ■ Under an Act passed in 1921 reciprocal provisions are provided for between all countries in the British Empire and reciprocal Acts have been confirmed by all of the British Dominions and the larger Crown colonies. Thequestion which arose here was whether' reciprocal provisions had - been applied j to those territories administered by thq ■ Commonwealth Government as apart;, from the State Governments.' ' •

Air. Tompkins said Norfolk Island, was one of these territories and had been so administered since 1914, when it was taken over from New South Wales ’ by' the Commonwealth Government. ■ Counsel said that as he had not access to the Australia Statutes he could not quote any authority to show that- Norfolk Island had been brought within the provisions of the Act. The magistrate,,Mr. Wyvern Wilson, said he- would have inquiries made from the Department of Justice as to whether such reciprocal provisions existed with Norfolk Island, and if so, he would consider an application for a provisional order to be confirmed by the Court at Norfolk Island. If such provision did not exist he would dispense with the services of .the defendant and deal with the application in the husband’s absence under the-provisions of the Destitute Persons Act. He did not, however, consider- that this procedure, should be used unless reciprocal provisions had. not been made applicable.