THE PARK CASE.

Hokitika Guardian, 25 May 1922, Page 1

THE PARK CASE.

jaY TEIiXORAI'H —PER PRESS ASSOCIATION] WELLINGTON, Slay 23. In the Supreme Court to-day' before Justice Salmond, argument is being beard in the case of Miss Jean Gladys park of Carterton, school teacher, against Christopher James Parr, Minister of Education and Arthur D. Thomson, tile retired Assistant-Public Service Commissioner. Parr had instructed Thomson to hold an inquiry into statements alleged to have been made by plaintiff, in connection with her school duties.

On behalf of the plaintiff it is claimed that the regulation under which the .Minister was proposing to cancel or to suspend the teaching license of the plaintiff, was ultra vires, and that if the regulation was valid, the Minister had shown such a hilts as to disentitle him to exercise any discretion conferie,l on him by the regulation.

Mr M\ ers is for the plaintiff. Tli,. .Solicitor-General (Mr McGregor) with him Sir John Findlay, and .MiHart. of Cartel toil, all appear lor tie defendants. WELLINGTON. May 2. The statement of claim in Miss Park's case, after setting forth the particulars of the case, concluded with a claim that a writ should be issued by tin* Court prohibiting the defendants from bolding an inquiry as directed by the Minister, or, in the alternative. that a writ of injunction be issued icstraiiiilig the defendants trill) proceeding with an inquiry, and straining the .Minister from cancelling the plaintiff's certificates, or, in t > further alternative, that a writ of certiorari be issued, commanding the defendants to send to the Cuiut, a- direction or other warrant or authority, for the holding of the said inquiry. Mr Myers, in opening lor the plaintiff, said that many affidavits had been filed, hut he hoped the Court would not have to read many of them, and he suggested that much of their (onteuts was irrevelent. He only proposed, at present, to deal with the general question. unless the matter <>f certiorari

The Judge assented that the facts should be left alone as much a s possible. Mr Myers said that the question ot law involved was very seiimis. as. it the other side’s view were sound, every teacher was absolutely in the power of Ihe .Minister of Education of the day.

Ho then pioceeded to develop his argument, contending that the teaeheis were not employees of the Minister, hut of the Education Board. The statute gave them security of tenure and tl c right of appeal in the event ot dismissal. The Minister claimed the right to cancel the certificate of any teachers and that there was no appeal. Connsol contended that if the regulation was read literally, it was in conflict with the statute, or, at all events, with the plain intention of the 1 legislature.

The Solicitor-General, Mr MacGregor, for tl),. department, claimed that power was given to issue a eeitiheale, which implied a power to cancel, and the regulation was therefore valid. The Judge remarked that the Statute gave a t'ifgliL of appeal. Counsel, how ever, < Inline 1 ill -t, such pi'oterunn was only against t"e Education Hoard, and not against the .Minister.

Mi MacGregor reiterated that if tic Department had a right to issue ceitttioates, it must have a corresponding i iglil to withdraw them. WELLINGTON. May 2-L

In the Park case the Minister of Ed m-ation, the Solicitor-General and Sir John Findlay, all contended the Minister had a peifed right to hold an Inquiry, and to cancel a te teller’s c i t.fi cate. They quoted cases where a teach, c, was found guilty of a crimiiH act The hoard merely incepted tlm resignation and the Minister cancelled the certificate. They said that in the inteiests of tlie public, the Minister should have such power. It was evident lln* Act intended that the Minister should le alilw tii exercise the power. Mr Myers contended it was highly dangerous for a Minister to he able to cancel teachers’ certificates at his will. There w ould be no security of tenure of teachers. The Teachers* Institute knew of no case where the Minister exercised the power. The ease is not yet finished.