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.
