IMPORT RESTRICTIONS

Evening Star, Issue 23273, 23 May 1939, Page 12

IMPORT RESTRICTIONS

AUCKLAND COURT CASE DECISION COMMENT BY BUSINESS MEN ONE VALUABLE RESULT SUBJECT CAN BE THRESHED BY PEOPLE'S REPRESENTATIVES “ The question of the validity of the regulations has never assumed an important place in the consideration of the Government’s action,” said Mr P. O. Smellie, president of the Dunedin Chamber of Commerce, this morning, when commenting upon the decision of Mr Justice Callan in the Auckland Supreme Court which defined the import restrictions as ultra vires. “ It was assumed that, even if the Government’s actions proved to be ultra vires—and the opinion was strongly held in many quarters that they were—the Government, with its big majority in the House, could always take the necessary steps to enlarge its statutory powers. “ The most valuable result arising from the judgment,” continued Mr Smellie, “ is likely to bo that the whole matter will be threshed out in a constitutional manner by tho Parliamentary representatives of the people. ‘ “In the forefront of the question there still stands the problem of New Zealand’s ability to meet its overseas commitments, and if this decision, together with other influences, results in a resurvev by the Government of the whole position, and an attempt is made to get at the root causes of the deterioration in the economic structure, it will he all to the good. “ The position in the meantime,” concluded the chamber president, “ seems to be one of confusion worse confounded.” CAUSE FOR SATISFACTION. Mr E. Wood, secretary of the Otago Importers and Shippers’ Association also commented ns follows: “ Considering the ease at first sight, I think New Zealand can well be congratulated on the fact that our Supreme Court can, as we have always believed, be relied upon to give a wise decision on any matter subniitted to it, even as in this case when it involves a judgment against the Government itself. “ As to the effect of the judgment on the regulations, it would appear it will be necessary to immediately validate what has been done by an Order in Council pending the assembly of Parlia ment to place a short Act upon the Statute Book putting everything in strictly legal order. “ In regard to the suggestion that the matter may be referred to the Appeal Court, in view of what must inevitably be done this would appear to be a waste of time and money, for in view of the careful consideration that must have been given to the present decision it seems hardly likely to be reversed on appeal. If the decision is confirmed we are simply brought back to the necessity for the action already mentioned. “ While the matter will, no doubt, be validated along the Jincs suggested, it is not altogether a cause for satisfaction to believe that an action which was definitely ultra vires at the time it was taken can yet be legalised even to the extent of making it retrospective.”