DAIRY REGULATIONS

Taranaki Daily News, 3 September 1935, Page 12

DAIRY REGULATIONS

MAGISTRATE ALLOWS APPEAL.

STATUS OF CREAMERY MANAGER

By Telegraph—Press Association. Palmerston N., Aug. 30.

Following a delay of almost a year in waiting without result for suggested amendments to the dairy factory managers’ regulations, Mr. J. L. Stout, S.M., has allowed an appeal lodged under the regulations in September last by D. A. Fitzgerald, Shannon. Fitzgerald’s appeal was against the decision of the Dairy Factory Managers’ Board, which declined his application for a certificate as a creamery manager. The appellant’s registration has now been ordered. The magistrate, in giving judgment, said that in justice to the appellant this stalemate must be ended and a decision given. When the appeal was first heard in September the magistrate pointed out that the regulations were not in accordance with the Act. If the regulations were intended to allow the registration board to prescribe the qualifications needed they were ultra vires. He held that the' regulations were defective in that they did not, as required by the Act, prescribe the qualifications of persons competent to be employed as managers of dairy factories. The result was that neither the registration board nor the court was in a position to form an opinion about the right of the applicant to be registered. The i magistrate sent the application to the board for reconsideration, expressing the opinion that the case had not been properly dealt with by the board in that if it was doubtful concerning the application it should, before refusing registration, have given the applicant the opportunity of being heard. It should not have acted merely on hearsay evidence. To-day the magistrate said the applicant’s experience as set out entitled him to registration in the absence of any standard of competence required by the regulations.