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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Document type:: Multivolume work

Structure type:: Chapter

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

Collection:: Economics Books

CHAP, VII] MERCHANT SHIPPING 1213 With regard to s. 2 of the Act it would probably be impos- sible to hold that it goes beyond the powers of the New Zealand Parliament so far as it is restricted to trade between New Zealand and the Cook Islands. The Cook Islands are a dependency of New Zealand, and there can be little doubt that trade with them is coasting trade which can be regu- lated at pleasure by the Dominion Parliament. This follows whatever view be taken of the effect of s. 736 of the Uerchant Shipping Act, 1894. On the other hand, it ls a very different matter when the regulation of the Wages of vessels trading with the Commonwealth is soncerned, There is no real analogy between the relations of New Zealand and the Commonwealth and the relations of the continent of Australia and Tasmania. Tasmania is a part of Australia, and trade between the continent and Tasmania is unquestionably coasting trade. Similarly trade between New Zealand and the Cook Islands is coasting trade, but trade between New Zealand and the Commonwealth cannot possibly be so called. Another mistake was made during the debate, in addition to the minor error of treating the Australian Navigation Bill 38 having been passed by the Parliament of the Common- wealth, No notice was taken of the fact that the powers of the Commonwealth are under the Constitution different from those of the Parliament of the Dominion. As has been pointed out above, this fact was also overlooked by the Supreme Court of the Dominion, and it seems clear that the point, which is by no means unimportant, has escaped the notice of the legal advisers of the Government in the Dominion. The Proposed legislation would in the first place be ultra vires with regard to vessels which do not fall under the Commonwealth law. The Parliament of New Zealand has bower to regulate the wages payable in the coasting trade, but it has no power to regulate wages payable otherwise than in the coasting trade. 1279-3

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