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