OLD AGE PENSIONS.

Gisborne Times, Volume XXVI, Issue 2350, 17 November 1908, Page 3

OLD AGE PENSIONS.

AN IMPORTANT DECISION

[Press Association.]

CHRISTCHURCH, Nov. Id. In reference to an applica ion made by the Kaiapoi office of tlie Old Age Pensions Department to have the certificates of Austin Niut.iu (a Malay) and John Lohman (a Hindoo), cancelled on the ground that they Avcre Asiatics and therefore debarred by section 18 of tlie Old Age Pensions Amendment Act of 1908, Mr. V. G*. Day, S.M.. avlio had reserved his decision three weeks ago, lnu now* given judgment. Mr.' Day 'said . ilia > tlie only power conferred o:i Magistrates against the section s on the ground of proA'ed misconduct or irauu. The two pensions in question iwvjng been granted under the original Act wore not and could not he affected bisection IS of the Amendment Act. The„ section, tho Magistrate holds, is not retrospective, and in 'any case Avouldxmly apply to tho grant of, and not to®the renewal of, a pension. These pensioners had a vested right to tbo renewal of their pensions, which could only be taken away by express enactment. In any case he would not cancel the pension., ewen if he had the power, Avitlioufc giving the pensioners an opportunity of being heard. He had great doubts as to Avhether section 18 could be taken to include the grant of pensions to some Asiatics unless they came Avith in the description of Chinese and persons eusjdem generis of Chinese.