Parking Laws Challenged In Court

Chronicle (Levin), 30 June 1949, Page 5

Parking Laws Challenged In Court

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- VV JliJtjLiliN U-TUiN , - J une ZU. The validity of the parking -zone systeni recently introduced in Wellington, was chailenged in the Magis.trate's Court today. The basis of tlie test was a charge against Dr. Ernest Philipp, of Messines Road, Wellington, of parking a vehiale in Yietori^' Street for more than 15 minutes w-hen it was in ji lo-mi'nute parking zone. M.r. F. II. Jones prosecuted for the City Council and Mr.-P. L. Abraham appeared for Dr. Philipp. Mr. R. T". Dixon appeared for the Government Transport Department, admitted by the parties beeause the Department 's regulations were being chailenged. The proseeution was brought under the 12 month old Government -regulations stating that local bodies msiy, with the app.ro val of the jMinister, institute zone parking instead of having -parking signs in every street. They must instead have signs at eve'ry entrance and exit of the zone. Evidence wras called to show that signs were posted as required: The defence adm-itted the facts relating to parking, their case resting solely on matters of law. Mr. Abraham submitted that the Government regulations providing for the finstitu tion of zone parking, wero outside the! scope of the powers to regulate grant-! ed by the Motor Vehieles Act under; which they were purported to havej been made. The regulations also pur-| ported to give the YXinister powers to) approve a local body's scheme and-to' approve depaftures from the standaro! specifications for zone parking signs! set out in the -regulations; regula' tions, "counse.l contended", -.eould Aot valid-ly delegate such poWpts' td n Min*! ister. Also, from the locality in which tlie doctor's ear was parked, no.-.park-ing sign was visible. Mr. AbrShain sub: niitted that any regulatioii allowing such a position to arise was unre'asonablp. Mr. Dixon replied that (;he regulations ca!me withi'n the ! . Act 's generql provisiou for the making of regulations for better control of motor vehieles and also within the provision enabling total or eonditional prohibition of use by -motor vehieles, of any road or street.' On the question of the delega tion of authority, he^said that a section of the 'Statutes Amendment Act, 1945, provid'ed that no regulation should be deemed invalid by jreason of it' providing delegate d authority to any.Minis ter. Mr. Jones adopted the sulimissioiis of Mr. Dixon. ' The . Magistrate, Mr. J. : 43. Ilanna. reserved decision. ' * ' j /'