A CLASSIFIED ROAD

Hokitika Guardian, 29 June 1928, Page 4

A CLASSIFIED ROAD

ARE REGULATIONS VALI'D? WELLINGTON, Juno 26. The Full Court , consisting of AllJustice iSiiu, Mr Justice Ostler, i Mr Justice Smith, and Air Justice Blair, ft as engaged this morning hearing t.he appeal of an officer of the Alain Highways Board (N. Godkfn) against the decision of Air E. Page, S.3YE., in dismissing an information laid against N. G. Newman, a motor-lorry driver, who was charged in the Court beloftthat he did, on a classified road, op-ei-ate a motor-lorry which, with its. load, exceeded the weight for wliicli the road was by the Aloior Lorry Regulations, 1927, declared to bo available.

The facts were that acting under the powers professed to be conferred by Section 19 of the Public Works Act, 1924, the Govern r-Geiiern 1, by Order-in-council of March 21th, 1925, gave to the Alinister hi respect of any Government roads, and to the Alain Highways Board, inter alia, the powcr to classify certain roads as being available for the Use of motor-lorries of not more tliaii a specified weight. In pursuance of these powers the Alain Highways Board declared the road in question (Horolciwi Gorge to Paekakarilci) to come within the provisions of one of the specified classes. 'Defendant in the Court below was charged with a breach of these regulations. For the defence it was alleged that the regulation by the Governor-Gen-eral was invalid in that it' purported to delegate to tlie Alinister of to the Highways Board a duty which was alone entrusted to the Governor-Gen-efal-in-Coinicil. The Magistrate, held in conformity with this view- that the road had not been validly classified for the reason that both the regulation and the subsequent action of the Alain Highways Board were a nullity, and dismissed the information. From this decision the Alain Highways Board now appeal. AD A. E. Currie appeared for appellant, and Air D. Perry for respondent. The Court reserved its judgment.