HEAVY TRAFFIC

Evening Star, Issue 19902, 26 June 1928, Page 5

HEAVY TRAFFIC

IS REGULATION VALID? [ipsa United Press Associatiok.J WELLINGTON, June 26. The Full Court, consisting of Judges Sim, Ostler, Smith, and Blair, is engaged this morning hearing the appeal of an officer of the Main Highways Board (N. Godkin) against the decision of the magistrate (Mr Page) in dismissing an information laid against N. G. Newman, moto? lorry driver, who was charged in the court below that he did, on a classified road, operate a motor lorry, which, with its load, exceeded the weight for which road was by the motor lorry regulations of 1927 declared to be available. The facta were that, acting under powers professed to be coni erred by Section 19 of the Public Works Act, 1924, the Governor-General by Order-in-Counoil of March 24, 1925, gave, to the Minister in respect of any Government roads and to the Main Highways Board, inter alia, the power to classify certain roads as being available for the use of motor lorries of not more than the specified weight, in pursuance of these powers the Mam Highways Board declared the road in question (llorokiwt Gorge to Packakakariki) to conic within the prtivisions of one of these specific classes. Defendant, in the court below, was charged with breach of these regulations. For the defence it was alleged that the regulation by the GovernorGeneral was invalid in that it purported to delegate to the Minister, or to tho Highways Board, a duty which was alone entrusted to the Govornor-Gcneral-in-Couucil. The magistrate held, in conformity with this view, that the road had not been validly classified for the reason that both the regulation and the subsequent action of the Main Highways Board were a nullity, and lie dismissed the information. From this decision the Main Highways Board now appeals. Counsel for the appellant is Mr A. E. Urrie, and for tho respondent, Mr D. Perry. The court reserved judgment.