ELECTRIC POWER

New Zealand Herald, Volume LXXV, Issue 23203, 24 November 1938, Page 19

ELECTRIC POWER

WIIANGAREI SUPPLY CASE FURTHER ARGUED JUDGE RESERVES DECISION Further legal argument was heard hy Mr. Justice Fair in tho Supreme Court yesterday in the action brought by the Attorney-General on the relation of tho North Auckland ElectricPower Board to restrain Wilsons (New Zealand) Portland Cement, Limited, from distributing beyond tho limits of its own property electricity generated by its steam-driven plant at Portland. The board sought a declaration that such transmission was unlawful and in breach of the company's licence and an injunction restraining the compav from using electricity from its steam-driven plant except for its own consumption. Tho company provides the power supply for Whangarei. Mr. North appeared lor tho Power Board and Mr. Hogerson for tho cement company. The original hearing was adjourned on October 10 to enable certain inquiries to be made of the Public Works Department and the Attorney-General. Mr. Hogerson reported to tho Court that the Attorney-General had replied that he saw no reason for intervening to stop the proceedings. The original application for his consent had been fully and carefully considered, and he was of opinion that the action should ho allowed to continuo to judgment. The chief electrical engineer had replied to him, Mr. Hogerson said, that he could not give any definite answer to tho question whether any further licence was necessary for the cement company because practically the same question was under consideration by a competent Court. ''The department seems to have stood from under, as it were," commented Mr. Hogerson. His Honor said it appeared that tho Attorney-General was not prepared to discontinue the proceedings and the Public Works Department was not prepared. to issue a supplementary licence. Mr. Hogerson proceeded to submit that there was no provision for any further licence, and that tho matter was already covered. After Mr. North had been heard His Honor said ho would give judgment shortly. v