Authority of Town Clerk And Free Speech

Chronicle (Levin), 12 July 1948, Page 7

Authority of Town Clerk And Free Speech

WELLINGTON, July 9. The hearing of a case of interest to borough and city councils throughout New Zealaud, comuieuced in the Full Court today. .The case arose from informatiou laid by Patrick Fraucis JHazeldon, an inspector for the Wellington City Council, agaihst Arcliibald Cliarles Barrington, Wilfred "McAra and Constance Alice Birchfield, for making a public address in a publie place without tlie prior written authority of the Town Clerk. Barrington, who is presi-. dent of the Christian Pacifist Society, toge'ther with Birchfield and McAra, who were Communist candidates in the last municipal elections, had conducted an open air meeting in the Dixon Street reserve 011 Oetober 31, 1947, without obtaining -prior permission from the Town Clerk. The relativo clause of the Wellington City. bv-laws, makes it an offeuce to organise, hold Or attemp to conduct any public meeting, gathering" or demonstratiou in any street, public place or public reserve in the city, except witli tlie prirtr written authority of the Town Clerk. The case caine before the Magistrate's Court in Wellington when the Magistrate, Mr. Uoulding, dismissed the charges against all defendants, holding that the by-law was invalid for unreasonableness. Giving judgment, Mr. Goulding said that whate\'er the persous, race or creed or nationai ity, the right of freedom of speech and opinion at public meetings and gatherings was a treasured right not to be denied liglitly. Furtlier, it seemed this by-law' in so delegatiiig such authority jb the Town Clerk, transgressed tlie law and might well be a source of opp.ression.