PASSENGER SERVICES

Ashburton Guardian, Volume 53, Issue 285, 13 September 1933, Page 7

PASSENGER SERVICES

A POWER OF JURISDICTION. SUPREME COURT-JUDGMENT. (Special to the " Guardian.") WELLINGTON, September 12. Whether a transport district licensing authority, when it considers an application for renewal of a license, can simply grant or refuse the application, or whether it can add terms and conditions without giving notice to the licensee,- was an important point raised in a case which came before .Mr Justice Ostler in the Supreme Court today. The case also raised the question of the jurisdiction of the Transport Appeal Board. Hodson's Pioneer Motor Services, Ltd., service car proprietors of Wanganui, were the plaintiffs, and the members of the No. 5 Transport District Licensing Authority and the Transport Appeal Board were the defendants.

It was stated that when the company applied for a renewal of its license in February, the licensing authority proceeded, of its own motion, to add a new term and condition—namely, thateach run was to be restricted to only one car—without giving the company notice of its intention to do so, as required by x the provisions of the Act, and without giving the company an opportunity of being heard on the matter. Subsequently the Railways Board appealed to the Transport Appeal Board, as a result of which the number of services a day to be run by the company on week days each way between Wanganui and New Plymouth was reduced from four to two. It was claimed that the Transport Appeal Board was not authorised by the provisions of the Act to hear such application, or to give such decision or determination. Company's Petition. The company'sought: (a) A writ of injunction restraining the No. 5 authoritv from calling in the company s license and giving effect to the proposed determination of the Transport Appeal Board; (b) the issue of a writ of certiorari against the defendants, quashing or setting aside that P ai 'J 0I the No. 5 District Licensing Authority's decision amending the terms and conditions of the company's license, and also the quashing or setting aside of the Transport Appeal Board's purported decision varying the terms and conditions of the license; or, alternatively, that both decisions be quashed and set aside or otherwise dealt with bv the Court; (c) the issue of a writ of prohibition against the licensing authority from giymg effect -to- the purported determination of, the Transport Appeal Board; (d) the issue of a writ of mandamus against the licensing authority, compelling it to issue to the plaintiff company a renewal of its passenger service license in accordance with its decisions mMay.

Court's Finding. Mr Justice Ostler, delivering judgment, said he could see no difficulty in determining that the Government Railways Board had power to app-nl to the Transport Appeal Beam to modify a decision of the district licensing authority by cutting down «■ p number of daily trips allowed by the license. The Railway Board's appeal, in his opinion, was authorised by the Act, that that being-so it seemed to him that the action, so far as the Transport Appeal Board was concern-ecL-jnrast fail. It seemed that t/iat really disposed of the plaintiff company's other complaint. "In my opinion, the- district licensing authority had jurisdiction, m renewing the passenger service license, to modify the terms and conditions upon which such license was ongiaalr? granted. Admittedly the maoiir ;s not as clear as it might be; but in my opinion the intention of the legislature in this respect sufficiently appears. Judicial Capacity. "It is quite clear that the district licensing authority has power to impose conditions when originally granting the license," continued his Honor. "It is also clear that the district licensing authority, in consider, ng whether it should grant a renew.il or how it should alter its terms, li.s acted in a judicial capacity, and therefore, ff it proposes to make any alteration which is not discussed :>t the meeting at which'objections are being heard, it will always be wise to give the parties affected notice of tiny alterations it proposes to make of its own motion, and allowing the other party an opportunity of being heard if he objects."