WELLINGTON MILK SUPPLY.

New Zealand Herald, Volume LXI, Issue 18707, 13 May 1924, Page 12

WELLINGTON MILK SUPPLY.

IMPORTANT COURT DECISION. «. f '• ' ■ i - I « : • RIGHTS OF ; NEAR-BY FARMERS. i r _ ? fBT . TELEGRAPH. —PRESS ASSOCIATION. ] " - WELLINGTON. ; Monday. / Reserved decision in a . case which will have a lot of bearing on the Wellington coporation's milk- scheme was given at' the Magistrate's - Court,"Vto-day by Mr. 'E. Page, S.M. . Defendant v was Charles John Duffy, who was; charged with jiusihg for the reception and- storage of milk a shop .ihjMoxh&rn Avenue, which had not been licensed in that behalf.;' j;, _,'• . "I am 'of opinion 1 , that this information must -be 'dismissed, said the riiagistrate. " The . effect /of the by-laW 'is 'to' compel a?; near-by farmer to', vend his milk and "cream solely f from the milk cart. . 'He could not- open or use. any milk shop, depot-,' .or place within the city' for. the reception, -storage/ or 'sale of| his milk or cream. If his own milking shed and premises are- within the city he couTd not use his premises % for the storage of milk. He ; could • not; sell ; milk - at - his;. premises, nor ; keep on his premises - for delivery in the morning 'the milk obtained at the evening's milking. • I can find' nothing in the : statute giving . the council power to .thus •• limit -the ' operations -of ; lit near-by farmer. ': By section i 18 .of the Act .' the council is; empowered; to make by-laws - (a) For securing sanitary construction and cleanliness; of ; dairies, milk sHops, and milk vessels. . ;-, ' ' . : ' Prescribing precautions for protecting milk 1 against, deterioration, infection or contamination; and iregiiilating or prohibiting the sale of milk in caises where public health is : likely to be endangered by such sale... - " 7 (c) ,; Regulating the issue of licenses under this Act.. ' ■ ' 7." In" my ; opinion . the - council .. has 'gone beyond V these powers. The real reason for 'the . enacting ;of |.i this by-law appears to ' be .a' desire ; to; protect the i council's monopoly. ..No exception ; is;taken in the present v case, either to the nature of- the building ; sought to •. be f licensed. or ■' to the character of the :' applicant. It ; may be noted that in the. statutes of 1910 and 1914, ; prior ' to; the commencement of the sale ;of milk by the corporation;, near-by farmers were : exempted from the f necessity of havings their : milk" tested/ but 'were compelled to :. sell ■'• -it within four hours of milking. >.. This limit of .four' hours was not ; re-enacted in the Act of . 1919. I. think that; the by-law in-so-far * as it prevents the milk« of ; near-by 1 farmers , being sold from a milk shop is ultra vires, and that. this charge must be, dismissed." - Security for appeal was fixed.