MILK DELIVERY.

Auckland Star, Volume LXVII, Issue 184, 5 August 1936, Page 5

MILK DELIVERY.

BY-LAW UPHELD. . ROUNDSMEN CONVICTED. JUDGMENT OF MAGISTRATE.

I A conviction was entered against : Hedley Davis and Montague Peck, milk i vendors, of Mount Roskill. for delivering milk at 8.45 a.m. in contravention of the j Milk Council's by-law in n reserved deci- | sion given in the Magistrate's Court [ this morning by Mr. F. K. Hunt, S.M. j j Peek was fined £1, with costs, and Davis, who was charged on two counts, 10/ and £1 respectively, with costs. Mr. A. K. Xorth, who appeared for the defendants, had admitted the facts, but had attacked the validity of the by-law on the grounds that it was unreasonable. The by-law limits the time 1 for delivery to 51 hours, between 3 a.m. ' and 8.30 a.m. Mr. Johnston had ap- ! • peared for the council. "I am of opinion that the council has exercised an honest judgment in draw- ' ing this by-law," stated Mr. Hunt in his judgment. "I do not think it is unreasonable. It may and probably does ; affect some people injuriously, lnit the - Act was passed to regulate a public | service and for the public good, and also j for the trade itself. It must interfere I with the rights of some subjects, but ! the council is of opinion that benefit ! will result to the public more than com- ! mensurate to the loss of those subjects." The judgment also stated that he (Mr. Hunt) was satisfied that the producervendors' views and objections to. the bylaw were fully placed before the council and considered before it was passed. The council had apportioned very fairly j the 48 hours allotted by the award. The vendors themselves could not form a regulation agreeable to all. The council was a public body, and section 45 of the ' Act gave it the fullest power to deal ( j with the distribution of milk; in fact it had an absolute- discretion. , s