Budgets and visible commercial balances of European countries 1922-1925

Responsible government in the Dominions (Vol. 1)

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Monograph

Identifikator:: 1744852030

URN:: urn:nbn:de:zbw-retromon-117951

Document type:: Monograph

Title:: Budgets and visible commercial balances of European countries 1922-1925

Place of publication:: Paris

Publisher:: Reference Service on International Affairs

Year of publication:: 1925

Scope:: 39 S.

Digitisation:: 2021

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

396 PARLIAMENTS OF THE DOMINIONS [PART II recently received new life from a judgement of ‘the Chief Justice of New Zealand. It was held by the Chief Justice of New Zealand, in the case In re Award of Wellington Cooks’ and Stewards’ Union, that colonial legislation has much more than a mere territorial effect. The question there at issue was whether an award by the New Zealand Court of Arbitration as to the minimum rate of wages to be paid to cooks and stewards on vessels trading between New Zealand and Australia was binding upon two steamship companies, the one registered in New Zealand, and the other registered in Victoria. Neither company obeyed the award, for in Australian and Fijian ports they called upon the employees to do certain work, which under the agreement should have been paid for as overtime and which was not so paid for. The Chief Justice decided that as regards vessels registered in New Zealand the award was binding. It is very possible that the decision was correct as regards registered vessels under s. 735 of the Merchant Shipping Act? 1894, but he did not base it upon that section but upon the general power of the New Zealand Parliament, under s. 53 of the Constitution Act of 1852, to make laws for the peace, order, and good government of New Zealand. He held that unless such laws had some extra-territorial effect the power given would be defeated. Was there no power to punish a prize-fight between New Zealanders on a foreign vessel four miles from the coast, or could a duel between New Zealanders be fought with im- punity on a foreign ship four miles from land ? It was also pointed out by another member of the Court that prisoners on board vessels in transit from one prison of the Colony to another were within the jurisdiction of the New Zealand Courts. He held that the case In re Qleich® was overruled estate of a domiciled person, are notionally present in the Dominion. On the other hand, the last power does not belong to a provincial legislature, recording to the decision in Woodruff v. Attorney-General for Ontario, [1908] A. C. 508. Cf. Lambe v. Manuel, [1903] A. C. 68. 26 N. Z. L. R. 394. Keith, Journ. Soc. Comp. Leg., ix. 208 seq. ; xi. 294-9; of. 29 N. Z.I.. R. 310.B. & KS. C.179. 360

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