REGULATIONS DEFIED.

New Zealand Herald, Volume LXIII, Issue 19349, 9 June 1926, Page 12

REGULATIONS DEFIED.

BUS PROPRIETORS' RESOLVE

NOT CHARGING EXTRA FARE.

A PROSECUTION INVITED.

THE CITY COUNCIL'S STATUS

• The Auckland Bus Proprietors' Association has resolved, under*legal advice, to challenge the motor-bus regulations as ultra vires and void, by disobeying them and inviting the Auckland City Council to prosecute. In order to establish a cause of action, tho association has resolved that tomorrow, June 10, when the regulations come into force, and thereafter until further notice, the additional fare of 2d %vill not be charged. Yesterday the following letter was sent by the association to the Auckland City Council, which is the licensing authority under the regulations for the whole metropolitan area except the Borough of Takapuna:— "The bus proprietors have taken opinion of leading counsel and are advised the motor-bus regulations are invalid. They have therefore decided to bring this question before the Court. To enable this to be done expeditiously, they propose to run as usual on June 10 and following days, and not charge additional fares Every facility will be granted to your council to obtain necessary evidence to enable your council to launch a prosecution. The matter can then be taken for decision of the court." Warrant Held Invalid. The bus proprietors, Mr. Grey Campbell, secretary to the association, stated yesterday, were advised that regulations under an Act of Parliament could be attacked in a court of law just as a local body's by-laws could be. attacked, and that such regulations, made by the Governor-General-in-Council, did not enjoy the same immunity as a statute. The proprietors, as a preliminary, declined to obey the Auckland City Council in its capacity as a licensing authority under the regulations. They held that the warrant by which the Minister had appointed the City Council to function under the regulations was invalid, seeing the council was an interested party, and it was an established legal principle that no man might be a judge in his own cause. As against the regulations themselves, one ground, Mr. Campbell stated, was that the Board of Trade Act, under which the regulations had been made, had not been enacted for any such purpose. It was a war-time measure, intended to protect the public against certain classes of traders. The regulations could properly be challenged as being. outside its scope. "Subordinate Legislation." It 1 is understood there are precedents for the attacking of Government regulations, which are termed in legal language "subordinate legislation." The most usual ground apparently is that they do not come within the four corners of the Act under which they have been made.

If the City Council takes action, the proceedings will naturally be - before a magistrate. It is to be expected the defendant bus proprietors will either appeal if the decision goes against them, or will, apply at the outset to have tho case removed to the Supreme Court or the Court of. Appeal.

The association is advertising its decision in the press, and placards to the same effect are being placed in all privately-owned motor-buses. It is stated the petition circulated iD Auckland against the regulations had been signed up to yesterday by 63,000 persons.' POSITION AT TAKAPUNA. LEGAL ACTION EXPECTED. SOME LICENSES APPLIED FOR. It is anticipated that similar legal action to that proposed in the city against the operation of the bus regulations will be taken in Takapuna, which is No. 2 licensing district for buses. So far the licensing authority, the Takapuna Borough Council, has received no advice of contemplated legal action, but it is believed the Supreme Court will be invoked to-day by the bus proprietors concerned, in quest of an injunction to prevent the council from acting as a licensing authority. The council will hold a special meeting to-morrow evening, at which it will sit as a licensing body, to hear applications. Of these, several have been lodged and others are expected to be lodged to-day. The bus proprietaries interested in traffic within the borough are the Waitemata Bus and Transport Company, running from Devonport to Milford, and thus the principal competitor with the Takapuna Tramways and Ferry Company, besides the owners of the buses running from •Devonport to Brown's Bay, and those of other services from Takapuna to North - cote and Birkenhead, and to Albany. The Borough Council is acting strictly under legal advicei and the borough solicitor, Mr. F. Lowrie, will be present at to-morrow's meeting. MOTOR TRADERS PROTEST. THE MEASURE TOO DRASTIC. The nature of the regulations for the control of motor buses recently introduced by the Government was considered at a meeting of the Auckland Motor Trade Association and the following resolution was passed : —" That this association enters a staong protest against the drastic nature of the regulations and that a copy of this resolution be sent to the Prime Minister." WELLINGTON PROTEST. CHAMBER OF COMMERCE. [BY TELEGBAPH. —PRESS ASSOCIATION.] WELLINGTON. Tuesday. The new bus regulations were discussed at a meeting of the Chamber of Commerce this evening. They wer® described as "unfair and iniquitous." It was decided that a deputation should wait on the Prime Minister in connection with the matter.