Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part V. Imperial control over Dominion administration and legislation

Collection:: Economics Books

CHAP. VII] MERCHANT SHIPPING 1209 but on the other hand, they cannot disobey the award of the Arbitration Court, and they therefore cannot pay lower Wages in those cases in which the Australian rates of wages which are laid down in the award exceed those prevalent in the New Zealand coasting trade. There is therefore a clear conflict between the position of New Zealand and Australian legislation, and the conflict will no doubt be still more marked when the Commonwealth of Australia legislates on the subject, for its Navigation Bill! contains clauses based on the Shipping Act of New Zealand, which provide for the payment of Australian rates of wages in the coasting trade, and therefore New Zealand vessels which engage in the coasting trade of the Common- wealth will be subject to the law of New Zealand, and also to the law of the Commonwealth, and there will no doubt be collision between those laws, just as there has been between the law of the Commonwealth and the law of New Zealand. If it turns out, as seems to be the case, that the Australian Act would override the New Zealand law, even in New Zealand waters, it seems certain that New Zealand would naturally desire to obtain increased power for the regulation of merchant shipping, as it would obviously be awkward if New Zealand were compelled to conform to coasting con- ditions in Australia while the Australians could not legally be compelled to conform to coasting conditions in New Zealand. It should be noted that in the discussion of the case of Huddart, Parker & Company? the point was mentioned that it was very doubtful whether it would not be possible for the shipowners to make good the extra payment made mn New Zealand by deduction from the wages earned outside New Zealand, so that the total amount paid would not © 88. 286, 287, 290. Those provisions allow a seaman to sue for all his wages in Australia, and therefore, according to the New Zealand judge- nent, are ultra vires pro tanto, unlesss. 5 of the Constitution Act covers the ‘ase, and clearly it would not do so in every case of coasting, '29N. Z. L. R. 657.

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