Transport Appeal Decision Reserved

Press, Volume CIII, Issue 30540, 8 September 1964, Page 16

Transport Appeal Decision Reserved

Some tourist agents were favouring some operators and were possibly using their power to cut prices, said the Iranspoit Licensing Appeal Authority (Judge h. <>. Archer) at an appeal hearing in Christchurch yesterday.

Some agents, he said, were “forcing operators to cut their charges.” Judge Archer said that, in any case, he personally could not see much merit in the Transport Act “sort of looking after the interests of tourist agencies rather than transport operators.” He said that he would rather see a provision in the Licensing Authority's decision removed. The provision is that tours be arranged by travel or tourist agents in the. case of Days Motors.

Judge Archer reserved his decision in the case, in which Newman Brothers, New Zealand Railways Department and Mount Cook and Southern Lakes Tourist Company, Ltd., had appealed against the decision of the No. 9 Transport Licensing Authority (Mr J. S. Haywood) of May 25, 1964. The respondent company was Days Motors, Ltd., of Christchurch. Before the hearing by Mr Haywood the licences permitted that in the case of New Zealand tourists, all trips should be round trips having a duration of not less than four complete days. Mr Haywood amended the licence to permit two of the licensees passenger service vehicles to undertake tours of not less than three days for travel and tourist agencies. In the appeal hearing yesterday, Newman Brothers were represented by Mr C. B. Atkinson, Mount Cook and Southern Lakes Tourist Company, Ltd. by Mr M. C. Gresson. the New Zealand Railways Department by Mr B. J. A. Cathro and Days Motors by Mr H. W. Hunter. Conditions

Judge Archer said he was a “bit surprised and disappointed” that Mr Haywood had chosen to grant this licence (to Days Motors) without a greater degree of conditions than he did.

“I think you should agree that it should be amended to write into it a number of other conditions,” he said. “Just how they should go, is perhaps another matter. The question is, whether I should undertake to write in the conditions, or refer it back to Mr Haywood." Mr Atkinson said that in the hearing before Mr Haywood, no case had been presented for Newman Brothers to answer. Each witness had conceded that Newman Brothers were capable, competent and efficient and could do any work that was at present demanded in its area.

the Days Motors licence. Newman Brothers would not further oppose the granting of the licence. Mr Gresson said that the real point of his client, the Mount Cook and Southern Lakes Tourist Company, Ltd., was concern about the protection of its routes. These were the Christchurch-Queenstown run, the Christchurch-Mount Cook run, and the TimaruMount Cook run. “It's been evident in all these cases that the company has had these licences for a very long time,” he said. Seeking Protection Mr Gresson said that his clients ran their route services, particularly at this time of the year, under all conditions. They kept to schedule and kept to timetable. As long as the routes served by his company were “adequately protected” by conditions in the Days Motors licence, his company would be as happy as it could be under the circumstances.

Judge Archer: I suppose the time may come when services (of the Mount Cook and Southern Lakes Tourist Company, Ltd.) will be so successful that it would not need the protection. I think it is probably getting near that day now. He said he supposed it was difficult to know how many people went to Mount Cook by private cars. Mr Cathro said that the N.Z. Railways Department's revenue was apparently in a “fragile position.” The department ran many services which were extremely uneconomic. The department was concerned that it maintained its fair share of the tourist work offering in the South Island.

Judge Archer: I hardly agree. The department apparently takes no steps to obtain tour work. Railway Tours Mr Cathro: The department has very close liaison with travel agents. If tour work is offering the department is only too keen to embark on it. I think about 25 per cent of its income is received from tourist work as against the respondent company. Days Motors, whose percentage of revenue from tourist work is in the vicinity of 50 per cent. Mr Hunter said that to forbid his client from stopping their coaches for two nights at the one place, might hamstring, tour operators in the organising of tours. The situation, he said, was often dictated by the availability of accommodation. Often tourist agencies had to organise tours on the basis of what accommodation they could get. A tour to Milford Sound might be occupied in going to Te Anau, the next day going to Milford and back to Te Anau, and the third day going back to the base. “It is a matter of accommodation, nothing more, he said.

Newman Brothers, he said, would oppose the granting to Days Motors permission to spend two nights at the one place while on tour. Providing two nights at different places was incorporated in