RACEHORSE TRANSPORT

Wanganui Chronicle, Volume 88, Issue 125, 27 May 1944, Page 7

RACEHORSE TRANSPORT

ILLEGAL USE OF OIL FUEL TRAINER FINED BY MAGISTRATE; REGULATIONS VAUD. A reserved judgment of considerable interest to Wanganui and Taranaki was given in the Palmerston North Magistrate’s Court yesterday by Mr. Lawry, S.M., when he imposed on J. H. Jefferd, horse trainer, of Ngatarawa, a fine of £5 (plus ccsts) for using oilfuel in a motor vehicle for the transport of two racehorses. A Press Asscciation message from Ralmertson North states that it was claimed by counsel for defendant, Mr. G. I. McGregor, that the regulation under review was ultra vires, an that the Minister had exceeded the powers conferred on him by the Oil Fuel Emergency Regulations, 1939. “But th e fact is not be overlooked,” said the magistrate, “that notice was also made under the Supply Control Emergency Regulations, 1939, and the Oil Fuel Emergency Regulations, 1939, are required to be read together with and are deemed to be part of the Supply Control Emergency Regulations under Regulation 2 (4) of the latter. The Minister may himself, from time to time, exercisce or perform any of the powers or functions of any controller, either in his own name or in the name of the controller. Petrol supplied pursuant to coupons is not freed from any of the provisions of the original regulations, with which the " amending regulation which authorises the supply pursuant to coupons has to be read and is deemed to be part. Regulation 4 refers to the use of petrol generally and is applicable to all petrol; whether procured under licence or coupon. It. cannot accede to a contention for the informant that in the issue of coupons the Government relied on the creation of a pool of petrol through the failure or neglect of some coupon holders to redeem their coupons. Rather, one should assume that on issuing coupons, or by deciding the quantity it would permit to be purchased, the Government. had implied that it had available the requisite quantity to enable all to •be redeemed. Section 4 of the Emergency Regulations Amendment Act. 1943,* leaves no doubt as to the validity of the regulations, under which notice is made, and on reasonable constructions of the regulations there is clearly power Io make the notice here challenged. In-the result!

I must, hold the notice valid. Accordingly defendant must be convicted.” As this was a test case, the magistrate imposed the fino as stated, saying it should not be a substantial amount.