MAYOR AND SOLICITOR.

Taranaki Daily News, 3 August 1922, Page 3

MAYOR AND SOLICITOR.

ALLEGED BREACH OF LAW. Hubert Hine, Mayor of Te Kuiti. appeared before Mr. F. M. Platts, S.M., at the Court last week on charges of ten breaches of the Municipal Corporations Act, 1920. The informations read: “That the defendant did act as Mayor of the borough of Te Kuiti at a meeting of the Borough Council while incapacitated from holding such office by reason of being directly and indirectly, by himself and his partner, concerned and interested in a contract with the Te Kuiti Borough Council for professional services as a solicitor to the value of .€37 15s 2d, and thereby being incapable of .being elected and being such Mayor.” The informations concern various meetings in connection with the Borough Council over which the defendant has presided between May 9, 1921, and March 27. 1922.

For the prosecution, it was stated that the Auditor-General held that at the time cf his election, Mr. Hine was actually disqualified from holding office as Mayor or being elected as such. Subsection 3 of the Act imposed a duty upon the Audit Department to prosecute. Mr. Patterson, for the Audit Department, pointed out that the actual account received by the Borough Council was initialled by Mr. Hine, but Mr. Vernon submitted thfit this was purely in a ministerial position. Mr. Vernon further submitted that all the work done by the firm was carried out before the actual election. The question arose then that having done the work were they still “interested,” and, if so; when could that interest cease The word “concerned” must be taken as synonymous with the word “interested” for the purposes of the prosecution. The magistrate reserved his decision.