HORSE TRAINER FINED

Dominion, Volume 37, Issue 205, 27 May 1944, Page 9

HORSE TRAINER FINED

Illegal Use Of Petrol

(By Telegraph.—Press Association.> PALMERSTON N„ May 20.

In a reserved judgment, Mr. 11. I’. Ltiwry, S.M., imposed a fine of fo and costs on .1. 11. Jefferd, horse trainer. Ngatarawa, who was charged with using oil fuel in a motor-vehicle for the transport of two racehorses. It was claimed by Mr. G. I. McGregor, counsel for the defence, that the regulation under review was ultra vires in that llie Minister exceeded the potfer conferred on him by the Oil Fuel Emergency Regulations, 1939. Rut the fact was not to tie overlooked, said the magistrate, , that notice was also made under the Supply Control Emergency Regulations, 1939. "Tiie Oil Fuel Emergency Regulations, 1939, are required to be read together with, and are deemed to be part of tiie Supply Control Emergency Regulations.' he said. “Ender'regulation 2 (-1) of the latter, tiie .Minister 'may himself from time to time exercise or perform any ot’ lite powers or functions of any controller. either in his own name or in tiie name of the controller. Pefrol Supplied pursuant to eimpoiis is not freed from any of tiie provisions of tiie original regulations —witli which (lie amending regulation which authorizes the supply pursutmt to coupons Ims to lie road and is deemed to be part. Regulation 4 refers to the use of petrol generally, and is ;ipplic.able to all petrol, wliclliej- procured under licence or coupon.

”1 ettnnot accede to the c'mtenlion for tile informant that in tiie issue of coupons lite Government relied on the creation of a pool of petrol through failure or neglect of some coupon holders to redeem their coupons. Rather one should assume that on issuing coupons, or by deciding the quantity they would permit to be purchased, -the Government had implied that it had available the requisite quantity to enable all to be redeemed. "Section 4 of the Emergency Regulations Amendment, 1943, leaves no doubt as Io llie validity of the regulations under which notice is made, ami on a reasonabl< construction of the regulations there is clearly power to make the notice bore, challenged. In the result I must hold that (lie notice is valid. Accordingly the defendant must lie convicted.” As this was a test case, the magistrate imposed a tine as stated, saying it should not be a substantial amount.