OBJECTIONS UPHELD.

Auckland Star, Volume LXVII, Issue 67, 20 March 1937, Page 13

OBJECTIONS UPHELD.

MILK BY-LAW INVALID. ' I XAI'IKR CASK l)K(Il)Kl). <Bj Telegraph.—Own Correspondent.) XAI'IKIt. l-i May. ; "1 regret having to delate these hylaws invalid. lieeause their tjfbject is | praiseworthy," commented Mr, Justice Ostler in the Supreme (unit in uphohling objections made liy a rcpresetitat i\c of dairymen nf the district to certain clauses of the Napier borough milk. I>\ • ' ( law, the effect of which i.» to jiuarantcc I consumers a supply <>l nontulierculiu ! milk. The effect of the judgment is such ■ ! that the main object of the by-law has been defeated and t!>e hy law is now practically of little lienefit to consumers. A Meeanee dairyman brought a motion at the last session <>f the Supreme Court I : at Xapier ur-iiiijj that certain clauses ; ' of the by-law lie declared null and void on Mie grounds that the/ were ultra ''vires, repugnant and in. reasonable. His 'Honor heard somewhat lengthy evidence j and then reserved his decision. ' : "As we have nearly ii.000.000 dairy | ; cows, and such a scheme would result ! | in the destruction of some 150,00(1 cows. j the cost of compensation alone would • I amount to well over £1.000.000, apart ! from the large cost of testing and r destruction,'' said his Honor. He did not think the Legislature j intended in enacting the Municipal Cort porations Act, 1033, to give borough councils power to enact such drastic j provisions as the by-laws objected to— j provisions which interfered with private s rights in a way in which the Legislature e had never ventured to interfere.