WIDE POWERS

New Zealand Herald, Volume LXXVII, Issue 23603, 12 March 1940, Page 9

WIDE POWERS

REGULATIONS ISSUED CONTROLLERS' AUTHORITY FAR-REACHING CLAUSES / [BY TELEGRAPH —PRESS ASSOCIATION*] WELLINGTON, Monday Authority for the appointment of controllers to administer the loading, unloading and storage of cargo at New Zealand ports is contained in a Gazette Extraordinary issued to-night. The Regulations defining the powers and jurisdiction of the controllers are known as the Waterfront Control Emergency Regulations, 1940, and they were made, in accordance with the Emergency Regulations Act passed last session of Parliament, at a meeting of the Executive Council at Government House to-day. Notwithstanding anything to the contrary in any legislation, a controller may do all such things as he deems necessary to ensure the utmost expedition in the handling of cargo at the port for which he was appointed. Definition of Wharf An interpretation clause defining a wharf states it also includes any place belonging to or ill possession of or under the control of a harbour board. It also includes any railway or public highway so far as it intersects or is contiguous to or runs on any wharf. Controllers are to hold office during the pleasure of the Minister of Labour. A controller is authorised by the regulations to do any of the following things:— (a) Control, use or administer any wharf or wharves, including any gear or equipment thereon and also any barges, lighters and other vessels, (h) Direct in such manner as he may think fit the loading, unloading or storage of cargo at any wharf _ or wharves, or the loading or unloading of any barges, lighters or other vessels. (c) Take such action as he may think fit to ensure the loading, unloading or storage of cargo in or from any ship, or the continuation of any such work by workers employed for the purpose. Introducing New Systems (d) Direct the continuation of any existing methods of engaging labour and paying workers, order variations or take over control of any offices and staff connected therewith, (e) Introduce any new method of employing labour or new system of handling cargo, (f) Employ all such waterside workers and other persons as he may think necessary for the loading, unloading and storage of cargo. (g) Classify in such manner as he may think fit workers available for employment on the waterfront, (h) Enter any premises in which there is reason to believe that any gear or equipment is stored, and take an inventory or by order in writing authorise any other person or persons to do so. (i) Hire or by order in writing requisition any gear or equipment used or suitable for use in the loading, unloading or storage of cargo, whether such gear or equipment is at or on any wharf or not. Exclusion and Suspension (j) Co-ordinate the activities of any persons or bodies concerned in the use, control or administration of an;v wharf or wharves. (k) Exclude from any wharf or wharves any person whose presence on such wharf or wharves is in the opinion of a controller prejudicial to the expeditious loading or unloading of cargo or the despatch of shipping. . (1) Suspend for any period he may think fit, or exclude from waterside work, any person for misconduct, refusal or failure to comply with any reasonable demands, or for anj other good reason. (m) Authorise any other person to suspend anv person as provided in the last preceding paragraph and to exclude any person so suspended from any wharf or wharves pending the decision of the controller. Calling for Information

(n) Require any person to furnish from time to time such returns, statements, statistics or other information relating to matters coming within the jurisdiction of,the controller as he may deem necessary and require that any such information be verified by a statutory declaration and examine any records from which such information is obtained and enter any premises for that purpose. (o) Make any order in respect of any matter coming within his jurisdiction. The Minister of Labour may suspend in whole or in part all or any of the provisions of the Industrial Conciliation and Arbitration Act, 1925, or the Labour Disputes Investigation Act, 1913, or any awards or industrial agreements under these Acts in so far as they apply to workers engaged in the handling of cargo. Offences Under Regulations

An order excluding any person from a wharf shall remain in force until revoked by the controller. To remain on a wharf or loiter in the vicinitv in contravention of an exclusion order is an offence against the regulations. It is also an offence to attempt to prevent, delay or otherwise interfere with the expeditious loading, unloading or despatch of any ship. Failure to comply with any direction or decision of a controller is also an offence. . , • If a controller decides to exercise his power to requisition any gear or equipment notice in writing shall be given to the owner and in such cases reasonable payment shall be made and compensation paid for any loss or damage in connection with the equipment concerned. The appointment of Mr. R. E. Price as controller for the port of Auckland ! is validated by the regulations.