Wellington Lawyer Tyrone Barugh has come up against a 102 year old law that prevents him from selling milk, despite the obsolete law apparently having been overriden by subsequent legislation.
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Barugh had applied to the Wellington City Council for a licence to sell milk under the Wellington City Milk Supply Act 1919, but the Council refused the licence on the basis that the Act had effectively been superseded by subsequent legislation even though it had not actually been repealed.
The Council labelled Barugh’s appeal to the High Court as vexatious, frivolous and a waste of the Council’s time, although the parties attempted a milk-deal settlement.
Barugh, a lawyer with Land Information New Zealand where his LinkedIn profile indicates he provides commercial legal advice and supports commercial negotiations, including promoting “good administrative decision making’ has said that if the law is not repealed he will make another application for milk delivery.
He is also developing self-help legal tools to assist consumers to solve ‘everyday legal problems’.
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What a very frustrating little article. Does he want to sell milk. Does he want to be the only one able to sell milk. Is the Wellington City Council declining to issue a licence because their view is that he doesn’t need one any more. If he wants to sell milk and is told by the City Council he doesn’t need a licence, what is he trying to achieve. At least the Stuff article, from which this is presumably drawn, gives some basic information: https://www.stuff.co.nz/national/crime/125163476/lawyer-appeals-102yearold-law-about-wellingtons-milk-supply