NOT CONTROLLED.

Auckland Star, Volume LXV, Issue 128, 1 June 1934, Page 3

NOT CONTROLLED.

MILK FOR SHIPPING.

ANOMALOUS POSITION

LEGAL OPIKION QUOTED.

As the Auckland wharves are outside the city's jurisdiction, the Auckland Metropolitan Milk Council finds that it cannot fix the price of milk fur shipping, as it intended.

At tliis morning's meetinsj of the council a legal opinion by Mr. J. B. Johnston was road. The text is as. follows: —"Supplies to shipping. I acknowledge receipt of yours of even date in which you instance the ease* of the Now Zealand Co operative Dairy Co., Ltd.. selling to Hygienic Dairies milk which is supplied to ships, and yon ask whether in such a case the council can control the price payable by HygienicDairies to the Dairy Company.

"The determining factor, as appears from my previous opinion, is whether the milk is sold for consumption in the milk district. I have already expressed the definite opinion that milk supplied to shipping does not come within this category. In other words, the milk so supplied is for consumption outside the district. It follows that, no matter where the milk comes from or where the contract for the salt , to the shipping company or to the person who sells to the shipping company is made, and no matter what other circumstances exist, if the milk is for consumption outside the milk district then the milk concerned is not subject to the Act or to the prices fixed or other regulations made by the council pursuant to the Act.

"Put briefly, the council cannot in any way fix or control the prices in any such instance as that mentioned. I fully realise that an anomalous position may lie created, but this cannot he allowed to interfere with the clear interpretation of the Act."