BUSINESS AND THE CROWN

Hokitika Guardian, 5 November 1927, Page 4

BUSINESS AND THE CROWN

A COMM KIWI Al. TIIOTKST. I Amongst matter which have recently j occupied the attention of the Auckland I Chamber of Commerce lias been the special privileges retained by tbe Gov- ■ eminent under the Crown Suits Act in i connection with the churls ut - trader , tu obtain redress in tbe Law Courts, j These privileges have constituted a i long-standing grievame on the part- oi j the commercial community, and the | matter was again given prominence in ! a recent ease heard at Xew Plymouth. ■ where the State Forest Service slieli tered behind the provisions of the Act ! and prevented the Xew Zealand Retl- • wood Forests, Ltd., against which ii i bad a claim from proceeding with ; ; counter claim. _ : At the hearing of another notable I case, that of the Tasman Fruit Paelc--1 ing Association v. The King, his Honor Air Justice Alpers, stated, inter alia:— " A gentleman does not plead the Statute of Limitations to escape payment of his just debts, nor does he. we hope, invoke the Statute of Frauds to evade the obligations of a contract binding on his conscience. The King is tbe first gentleman of the realm, and yet he may at any time be made to do such things, or their equivalent, under the Crown Suits Act.” The local Chamber has come to the conclusion that tfio matter can be most effectively dealt with by the Associated Chambers of Commerce of Xew Zealand, and for this Teason lias drafted the fol-1

lowing remit for submission to that body at its annual conference which takes place in Christchurch at the end of this month:—lt is to be regretted our (aoveriiiiieut has entered more fields of trade activity in competition with private enterprise than are just or capable of being economically handled.

.So long ;is silt'll trailing operations remain in competition with private enterprise they should in justice suhmit I'lillv to the conditions under which private traders operate. The need for abrogation ol those sections of the Crown Suits Act which have on more than one occasion given the CJovernment a distinct advantage over the private trader is therelore urged.