High Court Wellington
28 May; 20 June 1957
Turner J
28 May; 20 June 1957
Turner J
Administrative Law — Civil Aviation — Regulations empowering Governor-General to make Regulations securing "the safety of aircraft and of persons and property carried therein" — Regulation prohibiting Use of Aircraft in Towing Other Aircraft "Except with the prior permission of the Director [of Civil Aviation] and in accordance with such conditions as he may specify" — Prohibition in Limited Area — Restricted Sub-delegation — Such Regulation Intra Vires and not Invalid for Sub-delegation — Civil Aviation Act 1948, s 3 — Civil Aviation Regulations 1953 (SR 1953/108), Regs 8, 43.
Statute — Statutory Regulations — Exercise of Power to make Regulations — Total Prohibition of Thing to be regulated, Ultra Vires — Prohibition over Small Part of Field of Regulation, the better to regulate that Part to make Safe the Whole, Intra Vires — Sub-delegation — Sub-delegation of Legislative Function, Ultra Vires — Sub-delegation of Mere Administration of Valid Regulations, Valid and Intra Vires.
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