BY-LAW UPHELD

Hokitika Guardian, 16 December 1932, Page 7

BY-LAW UPHELD

HARBOUR RATE ON CEMENT. WITHIN THE BOARD’S POWERS. .AUCKLAND, December 14. The motion of Wilsons (N.Z.) Portland Cement, Limited (Mr Rogerson) to quash .a by-law of the Whangarei.Harbour Board (Mr Meredith and MV Trimmer) raising the specia l harbour improvement rate on cement from Is a ton weight to Is 6d ha s been dismissed in the Supreme Court by Mr Justice Herdrnan, with costs of £2l and, disbursements. His Honour said he had been unable to discover in the facts and circumstances proved sufficient to justify his interference. Whether a by-law was or was not unreasonable was a question of fact.

“Whether it is in the .interests of New Zealand as a whol e that Parliament should .sanction the multiplication of small harbour boards like the Whangarei Harbour Board is no concern of thus Court,” said His Honour. “Having given the board a constitution, having entrusted it with certain functions and having empowered it to raise revenue fo- overhead expenses and for the expansion and improvement of the harbour, T would be reluctant to interfere with the exercise bv the board of its statutory powers unless some perfectly obvious injustice be proved. A board is bound to impose different rates in respect of different good* shinned or un*hipned. I do not see how it could successfully administer its business unless permitted to. discriminate between articles of which differ in volume, we ; eht and character.” His Honour said it was for the board to decide whether rates were or were not unjust, .subject to the right of the Court to 1 interfere when it. was obvious that a board had abused its authority.