LEGISLATION BY REGULATION

Press, Volume LXXIX, Issue 23943, 10 May 1943, Page 6

LEGISLATION BY REGULATION

CHAMBER OF COMMERCE

OBJECTION REPORT OF PARLIAMENTARY BILLS COMMITTEE Objection to the Commercial Gardeners Bill, not so much because of itself as because of the principle of legislation by regulation, which it was considered to typify, was expressed in a report adopted by the council of the Canterbury Chamber of Commerce at its recent meeting. The report was prepared by Mr A. F. Wright and adopted by the parliamentary bills committee of the chamber. The report said the bill might or might not have for its object a very desirable improvement, but it expressed no opinion on that point. Parliament was asked by passing this bill to give a blank cheque to the department administering it as to the scope and extent and the powers that might by regulation be exercised under the bill.

Dealing with the principles deemed to be involved, the report said; “The scrutiny which our courts have for centuries exercised in these matters has been a wholesome corrective against departmental or bureaucratic domination. The surrender by Parliament of its sovereign function to legislate, and delegating in the widest terms such function, not only allows its powers to be usurped, but may render the courts powerless to prevent Inroads upon the liberty and freedom which are said to be the outstanding feature of our constitution. 'lf the legislators betray the pass, how shall judges defend it?’ ” The report concluded: "Altogether, apart from War Regulations (which we must expect and loyally comply with), the community is restive under the number and burden of the regulations by which we are governed and regimented. This delegated legislation appears to be in danger of getting out of hand. Since 1939 we have passed no fewer than 1225 sets of regulations—many, if not most, it is true, being War Regulations with which this report does not deal. During the same period we have passed 122 public acts —in other words, our public acts do not number one-tenth of our regulations.

"However necessary or desirable regulations may be as war measures, the conferring of authority by Parliament in respect of other measures by delegating authority of far-reaching nature to Government departments is to be deprecated and most carefully scrutinised. If care and vigilance in this respect are lightly disregarded we may sooner or later see a militant and triumphant bureaucracy entrenched behind a network of regulations and clothed with powers- under which the servants of the country may become its masters.”

Supporting the report, the chairman of the committee (Mr R. E. Free) said the bill referred to was small in scope but big in principle. Agreeing with that view, Mr R. V. White said it was a "pattern bill,” and the pattern was objectionable.

COMMERCIAL GARDENS

REGISTRATION REQUIRED THIS MONTH

Registration of commercial gardens under the Commercial Gardens Registration Act has to be effected this month, and persons failing to comply with this requirement are liable on conviction to substantial penalties. A reminder of the obligations of persons concerned was given by the orchard instructor of the Department of Agriculture (Mr A. R. Grainger). Broadly speaking, commercial gardens which have to be registered are those of a total area of half an acre or more or those enclosed in a glasshouse of 2500 square feet or more. The act applies to practically all vegetables except potatoes, onions, turnips, and swedes.

Forms are available at money order sections of post offices, and when sent forward through these offices or direct to the Director of the Horticulture Division (Wellington) the forms must be accompanied by the necessary registration fees. The fees are:—Up to an acre. ss; up to three acres, 10s; up to seven acres, £1; up to 15 acres, £1 10s; and more than 15 acres, £2.