Reade v Smith - [1959] NZLR 996

Statutes — Regulations — Regulation ultra vires — Regulation not reasonably capable of being made for Purposes Specified in Statute — Court's Power to Examine Exercise of Governor-General's Discretion — Regulation not made to resolve "doubt or difficulty", meaning Difficulty in Nature of Doubt — "In the opinion of the Governor-General" — "As he [the Governor-General] thinks necessary" — "Doubt or Difficulty" — Education (School Age) Regulations 1943 (S.R. 1943/202) Reg. 11. — Education Act 1914, s. 161 (1) (k) — Education Amendment Act 1915 (No. 2), s. 6

Administrative law — Regulation purported to be made under Powers conferred on Governor-General by Statute — Court's Power to examine Exercise of Governor-General's Discretion and to inquire as to Reasonableness of Opinion of Governor-General (or Minister) on Law or on Fact set up as Foundation for Regulation.