LEGAL ASPECT OF CONTROL

Manawatu Times, 4 May 1926, Page 8

LEGAL ASPECT OF CONTROL

IS IT CONSTITUTIONAL? APPEAL COURT ASKED TO DECIDE. The legal and constitutional aspect of absolute control and compulsory pools has so far been almost entirely overlooked and ignored. It canto, therefore, rather as a surprise when it was reported that a number of cooperative dairy companies and also a number of proprietary concerns have taken the opinion of a King’s counsel in Wellington regarding the enforcement of absolute control, under which the Dairy Export Control Board has resolved to take over all dairy produce produced in New Zealand for export. An opinion has been given by this K.C. to the effect, that the Act, through its unworkability, in point of law is unenforceable, and that this question of enforceability should be raised by resistance to the absolute control when the Board actually seeks to enforce it. In the alternative, the matter should be dealt with by a summons under the Declaratory Judgments Act at the instance of those interested in challenging the Board’s claims to exercise absolute control. It has been ascertained that the legal proceedings contemplated against thc Board have been so far advanced that the requisite summons and other documents for bringing the matter before the Full Court have been actually prepared, and probably are filed by this time.

These proceedings which included an application to thc Full Court for an injunction against the Board to restrain it from attempting to enforce tho absoute control, which it has resolved to exercise on and after August 1 next.