UNIVERSITY SENATE

Dominion, Volume 9, Issue 2766, 9 May 1916, Page 7

UNIVERSITY SENATE

THE ADOPTED STATUTES ' REFERRED BACK TO BOARD OF STUDIES The statutes adopted at the annual meeting o£ the University Senate having been submitted for the approval of tho Governor-in-Council, the following letter has been received from the Director of Education: —"I am advised that by Section 5 of tho New Zealand University Amendment Act the statutes forwarded by you on the 4th instant for the approval of the Governor-in-Council must bo accompanied by evidence produced by tho Registrar: (1) That the statutes conform to recommendations made by tho Board of Studies, or (2) Tliat the Senato resolved that the case was one of emergency, or (3V That the Boardof .Studies, had failed to recommend after having reasonable opportunity. lam advised, therefore, that the statutes should be referred back to tho Registrar for the purpose of obtaining such evidence " The senate's Powers. It was resolved that tho following questions bo put to the Solicitor-tieu-eial:—(l) After receiving a recommendation'to amend a statute from the Board of Studies can the Senate proceed to amend the Statute as it thinks .lit, or can it amend it only in the formrecommended by the Board of Studies? (2) If tho Senate amends the statute in a way not recommended by the Board of Studies, must the Senate send its amendment to the Board of Studies for its further consideration, and. if tho Board of Studies declines to agree 'with tho Senate's amendment, what can tho Senate do?

Tho Reply. ■ The following reply was received from the Solicitor-General:— "(I) After receiving a recommendation from the Board of Studies to amend a statute, the Senate cannot depart from that recommendation, and pass an 'I amendment of a different kind. ' "(2) In the case of such a difference of opinion between the Board of Studies and the Senate, the Senate should resolve to submit to the board for its I consideration and recommendation / the 11 amendment in the form approved by tho Senate. i "(3) If tho beard' having thus obtained a. reasonable opportunity of recommrading the amendment in its altered form, fails or refuses to do so, but insists on its former recommendation, the Senate .may nevertheless proceed to pass the amendment in the form so approved by the Senate and submitted to the board. "The intention of-the Act is that no statute shall bo passed by the Senate until tile board lias either recommended it or else, having the proposals of'the Senate before' it, - lias had a reasonable opportunity o'f making 'representations to the. Senate with : rcspcct to those' proposals. In other words, legislation by/ the Senate must take place either with tho consent of tho Board of Studies, or, after full consultation, Vith the board in default of such consent."

; Representations to the Department. ■Professor,-Hunter moved, aoid'tho Rev. Air. Evunsr'seconded, the following motion "(a) That representations to tho following cifcct bo made to the Department : —(I) That except for matters of omergency, the principles underlying tho changes in the statutes have been appioved by the Board of Studios; (52) that ivhcrc tlio Senate differed in pwnciplo from the Board of Studies,, e.g., in refill once "to compulsory Latin, iho questions had been resubmitted to the hoard, (b) That if possible a certificate from the chairman of tho Board of Studios covering (I) should be forwarded, to the Department."

The motion was carried. . Mr. von Haa6t moved, seconded ' 'fey the Vico-Chanc'eilor: "Tliaif the txov- ' eminent bo asked to introduce an amendment to Section 5 of file New Zealand University Amendment Act, 1914, amending Section .16 of the principal Act, in order to make it plain that the Senate has power to legislate a subject upon wiyicli the Board of Studies has made ''a recommendation without following that recommendation or referring ihe subject back to the Board of Studies for further .consideration,, and to make such amendment retrospective." . 1 . On a division tho motion was carried. : The chairman of the Board of Studies forwarded the following resolution, which had been unanimously agreed to by the representatives of Canterbury College, oi .the University of Otago, and the three representatives of Victoria University College then in Wellington, but not'by the representatives ol' Auckland University College:—"Tho members of tho Board of Studies, believing that harmonious relations between that board arid Senate are of vital importance to the University, beg leave to suggest that Senate should at its April meeting appoint four members to form; witn an equal number of members of the Board 'of Studies, a joint committee for the purpose of (a) arriving at ail agreement regarding the • interpretation'of certain' clauses in the University Act, (bj producing something in the nature of Standing Orders defining .the most convenient proceduro when resolutions of one . body come before the otherj (c) gcnei'iilly discussing allied questions." if the Senate could ' see its way to agree with this suggestion, and arrange that the Joint Committee should meet as early as possible, the procedure' recommended by tho connnitteo, if it came to an agreement, might be' adopted at tho next aimual meetings, of the two bodies. On the motion of Mr. ron.liaast,. it was resolved that the recommendation lie on. the table till* the-next'annual meeting.