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APPEAL ALLOWED

AUCKLAND ARCHITECT COUNCIL. BY-LAW QUASHED P.A. WELLINGTON, Friday. The Court of Appeal to-day gave judgment in the appeal of an Auckland architect, John Leslie Hanna, against a decision of the Supreme Court, which had struck out part only of a by-law he had sought to have quashed by the Court. The by-law was one confining those who may supervise and prepare plans for buildings and alterations to buildings costing over £2000 to registered architects and registered civil or structural engineers whose qualifications were approved by the city engineer and giving the city engineer power to authorise unregistered persons to do such work in exceptional cases.

Hanna is not a registered architect. The grounds of his application were:—(l) That it was not within the power of the City Council to make such a by-law. (2) That the by-law was unreasonable and unjust, involving oppressive interference with the rights of those subject to it. (3) That the discretion given to the city engineer was so great as to be unreasonable.

The Court to-day allowed Hanna's .appeal and quashed the whole bylaw.

The Chief Justice, Sir Michael Myers, and Mr. Justice Kennedy held that the by-law was both outside the powers of the City Council and unreasonable. Mr. Justice Callan and Mr. Justice Finlay agreed that it was outside the City Council's powers, but expressed no opinion as to its reasonableness.

Sir Michael Myers said that in his opinion the proper course was not to amend the by-law but to quash it and leave the City Council to enact a new by-law in some modified form, if so advised. He added: "In view of the admission by counsel for the Citv Council that the reasons actuating it in enacting this by-law apply with equal force to every borough in New Zealand, if good reasons really do exist for such enactment the subject is one for Parliament to deal with in a general way rather than for individual municipal councils."

MAJOR LAWRENCE McRAE, who has been awarded the Military Cross, is the only son of the late Mr. W. Mcßae, of Aotea, Marlborough, and Mrs. Ornberg, Paraparaumu. Major Mcßae, who was formerly manager of a large sheep station at Stonyhurst, North Canterbury, went into camp in 1941. He received his commission, which he later resigned, and left New Zealand as a sergeant in 1943. He fought in the Italian campaign and was recommissioned in the field, later rising to the rank of major. Major Mcßae, whose wife resides at St. Helier's, was educated at Nelson College.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AS19450728.2.81

Bibliographic details

APPEAL ALLOWED, Auckland Star, Volume LXXVI, Issue 177, 28 July 1945

Word Count
424

APPEAL ALLOWED Auckland Star, Volume LXXVI, Issue 177, 28 July 1945

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