EMERGENCY POWERS

Waikato Times, Volume 125, Issue 20910, 15 September 1939, Page 7

EMERGENCY POWERS

TAKING OF PROPERTY NO COMPENSATION PROVISION DISCUSSION IN COUNCIL <n» Telegraph.—Press Association) WELLINGTON, Thursday The Transport Law Amendment Bill and the Emergency Regulations Bill were received from the 'House of Representatives by the Legislative Council this afternoon. The Standing Orders were suspended to enable Government Bills to be put through all stages at one sitting. The Hon. J. Alexander (Auckland) criticised the lack of provision for the payment of compensation when property was acquired under the Emergency Regulations Bill. He pointed out that war-time measures for the previous war prescribed the payment of compensation where supplies were taken by the Defence Minister, and also gave compensation to aliens whose land was taken by proclamation. The Hon. J. A. Hanan (Otago), speaking as a member of the last War Cabinet, recognised the need for wide Government powers. He asked why a just provision relative to compensation payment and included In the previous war measures was not included in the present Bill. He quoted legal authorities supporting his view that compensation could not be claimed. No Speciflo Mention The Hon. W. Perry (Wellington) claimed that no Court would award compensation in view of the fact that the payment of compensations was not specifically mentioned in the Bill. He agreed with Mr Hanan that there was no implication that compensation would be paid. The Hon. J. K. Archer (Canterbury) said there were other rights than property rights. They had to believe that there was such an institution as justice in a British country, and he was prepared to accept that principle without having it in writing. The Hon. T. Bloodworth (Auckland) supported the payment of compensation. The Hon. C. J. Carrington (Auckland) moved that the Bill be referred to the Statutes Revision Committee, but did not press the motion. Replying to the debate, the Leader of the Council, the Hon. D. Wilson, said that the policy of the Government was totally opposed to confiscation without compensation. The Government never had confiscated and never would confiscate without compensation where such was necessary. He pointed out that compensation was provided for in the recent regulations. Lyttelton Launch Taken The Hon. G. R. Hunter (Canterbury) asked what was the position about a Lyttelton launch valued at £6OOO which was already, taken, while the owner was away. Mr Wilson replied that if an injustice had been done it would be rectified. The Hon. Sir R. Heaton Rhodes (Canterbury) moved a new clause to limit the duration of the regulations until three months after the war ends, but this was defeated on the voices. Botli Bills were passed and the Council adjourned.