POWER SUPPLY

Timaru Herald, Volume CXLVI, Issue 21380, 24 June 1939, Page 21

POWER SUPPLY

Alleged Unlawful Transmission Case Before Court Of Appeal By Telegraph—Press Association WELLINGTON, June 23. Appeals are being heard to-day by the Court of Appeal on questions arising from the transmission of steamgenerated power by Wilsons (N.Z.) Portland Cement, Ltd. The case dates back to July 1, 1913, when a licence was granted under Public Works Amendment Acts to Wilsons (N.Z.) Portland Cement, Ltd., to use the water of the Wairuna River to generate electricity and to install transmission lines for the purpose of conveying that electricity throughout the area of supply, which included the district of Maungatapere and the borough of Whangarei. The company later constructed a steam plant for generating electricity, and used the lines installed under the transmission of steam-generated electricity to the borough of Whangarei and other consumers. On October 5. 6,7, and 10, 1938. proceedings issued in the name of the Attorney-General, at the request of the North Auckland Electric Power Board, against the company, came on for hearing in the Supreme Court at Auckland before Mr Justice Fair. A declaration was asked for that the transmission of the steam-generated electricity was unlawful and for an injunction against its continuance. The Judge, on December 16, held that the conveyance of steam-generat-ed electricity was contrary both to the law and the spirit of the legislation and granted the relief sought. He added: “The declaraton of the law in the statute is the governing consideration, and when the breach is contrary both to the lettei - and the spirit of the statute, and is brought to the notice of the Court by the Attorney-General, on behalf of the public, the relief asked for should, I think, ordinarily be granted, although I have no doubt that there is power to refuse the declaration and the injunction where the breach is clearly negligible or trivial, or where there are other special circumstances making it just to refuse the injunction.” From this judgment, both parties are appealing, the company from the whole judgment, and the Attorney-General from so much of it as imports the qualification that there may be special circumstances which may justify the company using its electric lines for transmitting steam-generated power. The Bench consists of the Chief Justice (Sir Michael Myers), and Mr Justice Blair, Mr Justice Johnston, and Mr Justice Northcroft. Mr A. H. North, and with him Mi Astley (Auckland), are appearing fo: the appellant company, and Mr Rogerson, and with him Mr Terry (Auckland), for the Attorney-General.