The Civil Service

Taranaki Daily News, Volume LVII, Issue 21, 12 June 1914, Page 5

The Civil Service

AN IMPORTANT? DECISION.

COMMISSIONER'S DECISION IS FINAL.

By Telegraph. —Press Association. Wellington, Last Might. Judgment was given in the Supreme Court to-day by his Honor the Chief Justice (Sir Robert Stout) on an application under the Declaratory Judgments Act in regard to the interpretation of certain provisions in the Public Service Act, Hill), particularly those relating to appeals. . The decision, which is of great importance to public officers, throws open the door to the right of officers to appeal very widely, After dealing at length with the points raised by counsel, the Chief Justice said: "The word 'promotion' means and includes change to a new office, and by our Acts Interpretation Act, lfK>B, every provision in a Statute is to receive such fair, large nnd liberal construction as will best ensure the attainment of the object of the Act and of such provision or enactment according to its true intent and meaning. Promotion, meaning as it does appointment to a higher office, I do not know any authority that would warrant ine in limiting its true meaning! Further, the general intent of the Statute appears to me .to give a broad and liberal appeal to civil servants. There need be no inconvenience if applications are asked for, and if a final appointment is not made until after 30 days after the decision has been come to, and it is not a case in which the maximum ab inconvenienti can be applied. Lord Halsbury said, in Cooke v. Charles A. Vogelcr Company (1901, A.C., 103-107), that a court of law has no jurisdiction to disregard what the Legislature has enacted. It cannot balance one inconvenience aganist another inconvenience, or choose between alternatives. The words in the Statute are clear, and I it does appear to me that by reading promotion as meaning promotion, any greater inconvenience can arise than, may arise in carrying out other provisions of section 31, I must, therefore, answer the questions put as followB: "(1) Is the decision of the Commissioners under the ■Public Service Act, 1012, promoting or appointing an officer to a position that has become vacant or to any position final and conclusive as against another officer who claims to be entitled to and applies for promotion to such vacant or new position?— No. "(2) Has such last-mentioned officer the right to appeal to the Board against the decision of the Commissioner refusing him such promotion, and promoting or appointing the first-mentioned officer to the said position?— Yes. • "(3) Generally, what are the powers of the Commission, the rights of officers, and the powers and duties of the' Board of Appeal under section 31 of the Public Service Act, 1912! —The officer can, after application for an office and the notification of the decision of the Commissioner against him, appeal to the Board.

"(4) In particular, in the case of an officer who claims to have been or to be entitled to and who applies for pro- ■ motion and who has been passed over by the Commisisoners, ihas such officer any and what right to appeal to the Board? —Yes; he can appeal. "(5) Has the Commissioner the right to withhold from the Board of Appeal the appeal of any officer forwarded to him on any mattor under section 31 of the Act?— No."

At the hearing, Mr. Myers appeared for the New Zealand Public Service Association, the plaintiffs. The Public Service Commissioner, the. defendant, was represented by the Solicitor-General, Mr. J. W. Salmoiid, K.O.