Law-Making By Regulation

Northern Advocate, 9 April 1947, Page 6

Law-Making By Regulation

• j'lnsidious EviT . . .

' j (F.A.) WELLINGTON. This Day. Government by regulation—"this in- , j sidious evil which will filch from us . the freedom we enjoy”—undermined i two of the fundamental rules of Eng[llish law. the sovereignty of ParliaJ mint and the rule of law, said Mr A. C. ! Stephens, of Dunedin, in his address I at the opening of the conference of [ the New Zealand Lav/ Society today. I There was a vast amount of lawI making by regulations framed by i Government department and made | law by Grder-in-Council. without any j real check. I Such regulations were not subjected ' to consideration and criticism of re- [ presentatives of the people, but were 'drafted by or for the use- of Governj ment officials for tire benefit primarily of their own departments. [ Under the practice of government by regulations, public officials were negativing those two fundamental safeguards by securing regulations enabling them to decide matters affecting the rights of citizens without a | fair hearing and without any right of appeal. , FIRMLY ESTABLISHED It was not suggested that regula- ] tions could be done without entirely, I because Government interference in I daily affairs was firmly established and showed every sign of increasing, and ■ Parliament could not cope with the immense amount of detail involved in I.the prosecution cf Government activi ities on modern lines. There were, however, verj 7 serious 'grounds of criticism. Government by regulation involved an enormous extension of bureaucracy. The growth of new Government departments during the past few years had been phenomenal and most disturbing. Regulations were issued haphazardly and might overlap or be contradictory and unfair application would arise if power to make regulations fell into the hands of officials who were politically biassed or unscrupulous. That could lead to class legislation, biassed interpretation of regulations, and even to corruption. Lawyers from all parts oi New Zealand practically filled the concert chamber of the Town Hall <xlay for tlie first conference for nine years of tlie New Zealand Law Society. : Mr P. B. Cooke. K.C.. president of the society, presided over the business !of the conference, which will continue : tomorrow morning and afternoon, i A ball will be held tonight, and tomorrow evening there will be a dinner.