Bay of Plenty Times FRIDAY, JULY 29, 1910. THE BY-LAWS BILL.

Bay of Plenty Times, Volume XXXVIII, Issue 5581, 29 July 1910, Page 2

Bay of Plenty Times FRIDAY, JULY 29, 1910. THE BY-LAWS BILL.

o Thanks to the foresight and er.ergy of Councillor Tunks the Taurunga Borough Council is now devoting ita attention to the important work < f iraking new by-laws. The By-laws Bill, which has- been introduced into the present session of Parliament by Dr. Ifiutllay, is likely to bccoo-C law, and a few references to it should provo of special interest to those who are en gaged in the compilation of new bylaws for this borough. The object ol the Bill is the protection of by laws against technical or formal objections, aud also to make, once fur all, with respect to by-laws in general ctrtaiu provisions which at present r< quire t<> be repeated in every Act which autho rises by-laws to be niado. It sets out that when any by-law has ken made by a local authority, the latter n ay, if it thinks fit, make application iv writing to the Minister of Internal Affairs for bis confirmation of that bylaw under the provisions of this Act No such application will be granted unless it is received at the orhVe of the. Department of Internal Affairs within twelve months after the date on which the seal of the local authority was affixed to the by-law on the making thereof. Every such application shall be accompanied by a copy of the by law under the seal, of the local authority, and by a statutory declaration by some member, officer, or servant of the local authority, or by a solicitor, containing or verifying a detailed and explicit statement as to the following matters:—(a.) the accuracy of the sbid copy ; (b.) the statutory authority under which the by-law was made; (c.) the procedure by which the same was made; (d.) the fulfilment or performance of all conditions of the validity and operation of the by law up to the date of the statutory declaration; and (c.) the publication of it in accordance with any statutory requirements relating thereto. After the rec?ipt of the application the Minister of Internal Affairs may require the local authority to produce any further or other evidence which he thinks necessary as to the making, validity, operation, or publication of the by-law, or to produce a further statutory declaration for the purpose of making good any defects or errors in the statutory declaration aforesaid, or to do any act or thing which he thinks necessary for the validity, operation, or publication of the by-law. If at any time after the receipt of the application for confirmation the Minister of Internal Affairs is satisfied that the bylaw has been duly made, and that all conditions of its validity and operation have been duly fulfilled, and that it has been duly published in accordance with any statutory requirements, he may, whether before or after the tims fixed for its coming into operation, confirm the by law. If it appears to the Minister that the by-law has not been duly made or published, or that any condition of its validity or operation has not been duly fulfilled, but that the error, irregularity, or defect, is due to accident or mistake, and is immaterial, he may, if he thinks fit, coufirm the by-law, notwithstanding any such error, irregularity, or defect. The Governor iuay make regulations prescribing the form and manner iv which applications shall bo made for the confirmation of by-laws under this Act. In default of any regulations application may be made iv such form and manner as the local authority thinks fit. It is provided that any person may apply to the Supreme Court for an order quashing any by- { law on the ground that it is for any reason invalid. This provision supplies a prompt and simple method of ] testing the validity of by-laws. On I any such application the Court may. j instead of quashing the by law, arcend it in such manner as to make it valid, timilar powers already exist in the case of municipal by-laws under section 353 of the Municipal Corporations Acl, 1908, which is repealed by the bill introduced by Dr. Fiudhy. No by-law is to Lc invalid because it leaves matters to be determined in individual cases by the local authority or its offi- i cers, or because it oveilaps the general i aw, aud deals in a different way wilh j some matter already dealt with in a statute. Aby law is not to be bad altogether because it is bad in part, if the defective part is severable from the I rest. Provisions are made regarding the enforcement and proof of by-laws. Tiny make no material alteration in the law, bat will have the effect of shortening and simplifying future Acts givirjg authority to make bylaws.