MISS MARTIN'S CASE.

Shannon News, 24 October 1924, Page 4

MISS MARTIN'S CASE.

QUESTION RAISED IN HOUSE.

The case of alleged proselytising of an Auckland school girl has been raised in the House of Representatives by Mr V. H. Potter (Roskill). Mr Potter asked the Minister of Justice whether he would take into consideration the ■ desirability of amending the Police Offences Act to make it an offence punishable k by fine or imprisonment for any person or persons to harbour an infant against the wishes of the parent or parents? “This matter appears to be sufficiently dealt with by the Infants Act, 1908, section 6 of which provides that the Supreme Court may make an order as to the custody of, and right of access to, an infant;' states the Hon. C. J. Parr, in his reply. Any- | one not complying with such an order would be liable to punishment for | contempt of the Court. Mr Parr was also asked by Mr Potter whether he' will • consider the advisability of making it a ground for instant dismissal from the staff of. a State primary or secondary jShool for any teacher to use his or her influence as a teacher to proselytise, or attempt to proselytise, any pupil under tuition, .or to interfere with or attempt to interfere with, the religious belief of any pupil; and, further, whether he will consider making reemployment of any teacher dismissed on the aforesaid grounds impossible by the Department or by any authority acting under the Department? Mr Parr has replied: “Under section 151 of the Education Act an Education Board, or a secondary school board, or a board of managers of a technical school has power to dismiss a teacher in its employment. Such teacher may appeal before a ! specially constituted Court of Appeal for teachers. The iAct states ‘that such dismissal shall not be deemed to be wrongful if the board satisfies the Court that the determination of the engagement was reasonable, having regard to any of the following circumstances: (a) The efficient and economical administration or the board’s affairs; (b) the fitness of the teacher; (c) his conduct; (d) any other special circumstances, irrespective of the Board’s legal right to determine the engagement by notice.* It appears, therefore, that the ground for dismissal stated in the honourable member’s question is covered by (b) and (c) in the existing Act. ‘ Assuming that a teacher was dismissed on this ground, and that his appeal was not sustained, such teacher could be prevented from being further employed by any authority under the Department only by the constitution of a teacher’s register from which the removal of the teacher’s name would prevent his further employment. The

establishment of such a register is now under consideration." LEGAL SERVICES. PUBLIC TRUST OFFICE AND THE PROFESSION. Mr L. Mllvride (Napier) asked the Prime Minister recently how the Public Trust Office charges for legal services compare with those of the legal profession; and whether it is not possible to bring the services of this valuable institution within reach of a greater number of citizens by a reduction in such charges and an extension of such legal services. Mr Massey replied that th e principal business of the Public Trust Office was to administer the estates of deceased and mentally defective persons, and also trusts, and to manage agencies, as well as various statutory duties imposed on the Public perTrustee. In relation to such business, in most cases the Public Trustee performed the necessary legal work without any charge whatsoever. As to the amount of the incidental legal ( charges, therefore, no comparison could be drawn between those made by the Public Trustee and those by outside practitioners, seeing that other trustees were compelled to employ solicitors, for whose services they must pay the recognised professional charges. In addition to these legal charges, private trustees obtained the usual remuneration, whilst • the Public Trustee obtained only the commission allowed by the regulations as his remuneration for the general administration of estates. It would thus be seen that in the - circumstances to make a comparison would serve no useful purpose. “It is not necessary to consider a reduction of the legal charges made by the Public Trustee," said Mr Massey, “seeing that in the majority of cases none are made. As to th© extension of the Public Trustee’s functions to enable him to' perform legal work not connected with the •administration of estates, this would require the passing of special legislation. It is, however, not considered advisable for.the Public Trustee to assume such additional functions.”