CHAP. VII] MERCHANT SHIPPING 1201 
opinion of the Supreme Court as to the extent of the juris- 
diction of that Court. 
It was held by the Chief Justice ! that the power given to 
the New Zealand Legislature by s. 53 of the Constitution Act 
of 1852 (15 & 16 Vict. c. 72) covered acts done beyond the 
territories of New Zealand. This was necessary, for other- 
wise the power given, which is to make laws for the peace, 
order, and good government of New Zealand, could not be 
effectively carried out. The Chief Justice said that the laws 
of New Zealand applied to persons on board a New Zealand 
ship as distinct from a British ship, even beyond the terri- 
torial limits of New Zealand. He admitted that the doctrine 
laid down in his judgement was a development of the doctrine 
of self-government, but he regarded it as part of the British 
Constitution to allow growth and development of powers, 
and that such a power had not hitherto been claimed under 
the provisions of the Constitution Act was no proof that 
the Act did not contain a potency of both legislation and 
administration not hitherto exercised in the Colony. 
On these grounds he held that the award made by the 
Court of Arbitration bound New Zealand vessels even in 
Australia, and he also held that they did not bind Australian 
vessels, on the ground that the Arbitration Courts could not 
be assumed to deal with an Australian company or with 
Australian ships. It was possible for the Australian Parlia- 
ment to legislate for those vessels, and the New Zealand 
Parliament had not, in his opinion, legislated in the Arbitra- 
tion Act for foreign vessels owned by foreign owners, even if 
it had power to do so, and the Act could not be considered 
as referring to such vessels. He stated, however, that if 
the Huddart-Parker Company’s vessels were to engage in 
purely coastal trade and make contracts in New Zealand 
with seamen and others on board their ships for labour in 
+ His judgement is certainly so expressed as to be very doubtful law. 
But all that was actually decided could equally well have been decided 
under s. 735 of the Merchant Shipping Act, 1894, which cannot be limited 
bo territorial waters only, but must apply to registered vessels wherever 
they may be. For a criticism, see Journ. Soc. Comp. Leg., ix. 208 sed.