NEW REGULATIONS

New Zealand Herald, Volume LXXV, Issue 23222, 16 December 1938, Page 13

NEW REGULATIONS

[VALIDITY QUESTIONED COMMERCE DISCUSSION GOVERNMENTS INTENTIONS INFORMATION WANTED The question whether the regulations designed by the Government to control trade were in direct conflict with the provisions of the Customs Act, 1913, was raised by Mr. Gainor Jackson at a meeting of the council of the Auckland Chamber of Commerce yesterday. The president, Mr. A. Ely, presided. "I would like to know if the chamber contemplates, any action to test the validity of these regulations." said Mr. Jackson. "Section -l(i of the Customs Act, 1013. gives the Minister power to prohibit the importation of any goods. This power is specifically limited by qualifications appearing in the same section, which must be read as a whole for the intention of the Government that passed the Act to be fully understood. Wording of Regulations "The regulations that have been Wade, though importing into the preamble the exact wording of the Customs Act giving the Governor-General-in-Council power to prohibit the importation into New Zealand of any goods the prohibition of which is 'in the best interests of the country.' do not, iu my opinion, convey the actual meaning." The wording of the regulations themselves, Mr. Jackson continued, made it clear that the prohibition applied to the importation of all goods except (].) pursuant to the licence granted by the Minister and (2) pursuant to the exemption granted by the Minister. It could not be said that the prohibition of the importation of all goods was in the best interests of the country. Powers Under the Act It was doubtful whether that was the intention of the Act. added Mr. Jackson. If not, then the regulations were ultra vires. Another point was that there appeared to be no power in the Customs Act giving the Governor-Genera 1-in-Council authority to licence all imports. He might prohibit the importation of certain goods, either in general or in particular, and under anj conditions, but there seemed to be no power to prohibit all goods or to licence the importation of goods. "Whereas the Act gives the Governor-General-in-Council power to prohibit or restrict importation of certain goods," said Mr. Jackson, "this does not give him power to make regulations which have the effect of saying that one man shall be allowed to import goods and another shall be denied that right." "I am going to ask the secondary industries whether they were called into conference by the Government.'* said Mr. Hislop. "We have been refused a conference with the Minister." No Official Conference Mr. H. "W. Shove: I think I can Bay that as far as I know 110 official conference took place between members of the manufacturers and the Government. "As far as I can gather, the question raised by Mr. Jaekson is whether ice can take action to prove there liave been technical breaches of the law," said Mr. Ely. "If there has been an injustice ' against a particular party, the importers, it is the duty of the Bureau of Importers or some such organisation to take action and choose a case for testing the validity of the.regulations. That is my private opinion." Mr. G. .T. Brown suggested the matter could he submitted to the Associated Chambers of Commerce. They had legal advice and it would do no harm to inform them that the point had been raised. - Temporary or Permanent Plan " I agree it should go to the Associated Chambers of Commerce," said Mr. J. A. C. Allum. "It seems to me that a most important matter •we have to find- out is whether this action of the Government is of a ternj>orary nature to meet a particular situation, or whether it is part of an economic plan. If it is a temporary expedient, I think it is our duty to assist the Government, provided everyone is treated with an even hand. If it is part of a long-range plan I think we have to take a different view of it." It seemed to be felt that the manufacturers were going to gain an advantage, added Mr, Allum. He took the responsibility of saying they would not gain an advantage, as the regulations were going to affect all sections of the community. . Mr. Hislop: It means the socialisation of industry. That is what they »re aiming at. An Appeal for Unity The manufacturers' organisation was concerned to some extent in seeking protection for specific industries, said Mr. Shove. Bound up with the question was that of the permanency of the protection—riot necessarily the permanency of the regulations. Whether the Government .altered the regulations to some other form and maintained the protection did not concern the manufacturers, as long as they got protection. They • were not blind _to the implications of all that lay behind the regulations. ® "We have a certain amount of symEthv with upset caused by these regutions," said Mr. Shove. "Any sweeping statement that imports are to be Shut- out on a large scale is unwarranted. The Government is following out its socialisation policy or leaning toward a planned economy of helping secondary industries, which will take the place of certain imports." "At no time have we been faced with such a problem and such difficulties," said Mr. Ely, in appealing to *ll Rections to unite in facing the tosues before them. "The community * s a whole is faced with tremendous fcsues and we should all get together one body and present a united front •0 that no Minister could refuse us * Kood hearing.'' _ . It was decided to advise the Associated Chambers of Commerce of the Point raised as to testing the validity of the regulations and to request them to obtain authoritative information whether the regulations were a temporary expedient or were part of a Planned economv.