MINISTER FOR HEALTH

New Zealand Times, Volume XLIX, Issue 11248, 28 June 1922, Page 7

MINISTER FOR HEALTH

MILK COUPON SYSTEM (To the Editor. “N. Z. Times.’*) Sir, —The milk coupon system lias been born prematurely; the council is now running it, without even the force of a by-law. Recent discussions of this system by persons objecting to it have led t'-> a scrutiny of the Act to ascertain v.’nnt powers are conferred on the Minister for Health by it; this scrutiny leads to the conclusion that someone lias misinterpreted the Act. and that the system will be found in many rc.-p-.-r: - ultra vires when the by-law, said to be approved by the Minister, is made public. Section 3 of the Act provides that the council may buy and sell milk and generally carry on the business of a milk dealer. This is clear enough, but the council does not seem to limit i. - business to that simple function. Section 18 of the Act provides that the council, subject to the approval of the Minister for Health, may make bylaws (d) prohibiting theisale or purchase of milk except for coupons issued by the corporation, (c) providing for the control and issue of such coupons. The power is permissive, but must be assumed to give no authority to the Minister or council to act in contravention to existing laws, unless so specifically stated. The word “coupon” is not interpreted by the Act; in commerce it means a promise to pay—e.g., such as are attached to Government stock. There is no other specific meaning, though the word is sometimes loosely used to describe tickets for various purposes. The council may, if approved, issue coupons to customers to whom it intends to give credit, which would be in the nature of a receipt by the customer for goods on delivery and undertaking to pay cash on demand. But the council cannot legally refuse to accept cash on delivery for goods if tendered, this being a trader practice. The Act does not give the council power to sell coupons. “Issue” does not mean sale. The Act gives no power to the council to enferoe payment in advance prior to the delivery of goods. The Act gives no power to the council to compel customers to wash its bottles; the by-law is ultra vires. The by-law is also ultra vires regarding loss or injury to bottles. At present the customer leaves his can on his premises where the vendor requires, taking the risk of injury or theft; if the council elects to leave bottles on the premises where it pleases, it must take the risk similarly; it cannot punish the customer without proof of negligence or offence. If the council wants to avoid risk, the runner can empty the bottle into the can and take the former away again. It is to be hoped that the Minister will reconsider the matter and oblige the council to carry out its work as a trader, as the Act provides, and to abandon the methods it is practising. The council should keep proper accounts as other traders do and issue correct, intelligible balance-sheets which accountants, auditors and income tax officers can readily deal with a consummation which would not be easily attainable under the proposed coupon system. QUO VADIS.