SOME AMENDMENTS

Marlborough Express, Volume LXXVI, Issue 249, 22 October 1942, Page 5

SOME AMENDMENTS

THE FAIR RENTS BILL INTERESTS OF SOLDIERS. REPCSSESSION RIGHT ASSURED.

P.A.

WELLINGTON, Oct. 22.

The intention of the Government to make provision for a re^ turned soldier to regain possession of his own home in cases where it had been vacated by his wife during his absence was menticned by the Attorney-General, Mr Mason, during the committee stage on the Fair Rents Amendment Bill last night. He said this would be done by exempting soldier owner applicants from the operatlon of tho Fair Rents Act. Mr Mason said the position of soldiers under the Bill had been raised by the president of ihe New Zealand Returned Services Association. The question arose as to the position of a soldier who had ' gone to the war and left his wife and family in his home. Later the wife might find it inconvenient . for various reasons to live in the house and go to stay with her parents t:i.ll such timo as her husband was in a position to re-establish himself. The question arose as to whether the provision of the Act should be applied in such cases, and the Government considered that the proper thing to do> was to exempt such soldier applicants owing their own home from th© Act. The Minister said that the president of the R.S.A. had made similar representations. He had also raised the possibility of eviction of soldiers' wives, but Mr Mason said the president of the R.S.A. had apparent.lv overlooked the fact that' the widening o-f the scope of the legislation to bring in all dweilings would have the effect of protecting soldiers' wives like anyone else. SOLDIER 'S RIGHT ABSOLUTE. The Minister said that a magistrate's discretion to refuse an appiication for repossession of a house by the owner had. now gone as fai as the soldier was concerned when the application was based on the requirement of the premises for his own use. The right of the soldier was now absolute^ and the original Fair Rents Act did not affect his nghts in any way whatsoevei . "It- is not possiible to defer the Bill till December," continued Mr Mason. "One ciause is most important, and that is the one which covers all dwelling places, It is the most important a.pa.rt from that which ex~ tends the original legislation." The Leader of the Oppositiori, Mr Holland, interjected that the Opposition agreed to the first three clauses going thrcugxi. It would be a poor sort of job which cut out the other clauses in the Bill, said the Minister. He would not tell the House that he had such faith in all sections of the Bill that some might not need later adjustment. OPPOSE OP. SUPPORT. The Prime Minister said it was time the Opposition made up their minds whether they intended to oppose the Bill or support it. If they were going to put. all sorts of impediments in the way, then, let the House settle down and fight it out. Mr Schramm (Government, Auckland East) said an Act was, necessary to control office rentals. In Auckland people compelled to vacate cffices for military purposes were being asked to pay 50 per cent. more for other acoommcdation of less merit. "It is a complete racket," he added.

OPPOSITION AMENDMENT. After the supper adjournment the Leader of the Opposition moved that the ciause laying on the property owner the burden of proving that refusad of a tenancy was for some reason other than because children would be iivmg in the house be deleteJ. He said it was bad law. The Prrrne Minister asked whai aiternative the Opposition could offer to the ciause. ' To delete it would deny protection to farnilies and thatcould not be disputed. The Bill was an attempt to meet an admittedly difficult position. Mr Harker (Opposition, Waipawa) suggested that a, ciause be inserted providing that where the rooms or house refused to a family was in~ suffici.ently large and would be overcrowded the penal section of the Bill should not apply. The Prime Minister: That is a point that might well be considered. Mr Mason said some such provision might be inserted between now and the time the Bill came back from the Legislative Council, "I hope the Minister will consult members on this side of the House before he proposes any amendment to the original ciause," said Mr Schramm. "There is no aiternative to the ciause as it stands. If this House is not going to give farnilies protection it might as well cut out, the ciause, but before the Minister tinkers with it we shall want to. see what, is proposed." On a division the Opposition's amendment to, delete the ciause was defeated by 31 votes to 17. The provision making it an offenee for inquiries to be made of prospective tenants as to whether they had children was deleted A new ciause was added to, the Bill to enable returned servicemen to regain possession of their own homes as previously outhned by the Minisrted for Justice. The Bill was passed at il.10 p m.