Appeal Disallowed By Transport Authority

Press, Volume CIV, Issue 30783, 22 June 1965, Page 11

Appeal Disallowed By Transport Authority

An appeal by S. R. Irvine and Company, Ltd., against a decision of the No. 8 Transport Licensing Authority (Mr J. S. Haywood) has been disallowed by the Transport Licensing Appeal Authority (Judge K. G. Archer).

The authority said in spite of several reminders, no submissions in support of the appeal had been received. He had therefore decided to deal with the appeal, but found no reason to interfere with the decision of the No. 8 Authority.

The company (Mr J. G. Leggat) had applied for a new continuous goods service licence with three vehicle authorities for cartage of serpentine from a quarry in the Wairoa Gorge to Blenheim railhead, back-loading superphosphate from the railhead to Nelson.

Appearing in objection were Mr M. W. Wisheart, for the Marlborough branch of the New Zealand Road Transport Alliance; Mr D. Hunter, for the Nelson Licensed Goods Operators’ Association: Mr H. W. Hunter, for Transport (Nelson) Ltd.: and Mr V. R. Fletcher, for Kirby’s Carriers Ltd. In his decision, issued on December 2, Mr Haywood said Irvine had said that to save users in the Nelson area £2 a ton on superphosphate mixed with serpentine at Nelson, a bulk store would be built for mixing and storage. The estimated saving was dependent on obtaining the notional railway freight subsidy of £2 2s lid a ton, of which the company undertook to rebate 12s lid a ton to users in the Nelson district

In effect, the users under the proposed scheme would receive directly from the Consolidated Fund about £11,500 a year, Mr Haywood had said in his decision. In short, Mr Irvine had said to get the subsidy the company must get a transport licence. It was essential to becoming a contractor to the notional railway. i The granting of the application would create precedent I that would apply to any meri

chant or manufacturer who chose to do what was proposed by the company concerning public funds. The evidence did not support the granting of the licence, Mr Haywood said. Decision Reinstated In another decision the Appeal Authority revoked decisions made earlier on an appeal by Midland Motorways Services Ltd. and the General Manager of Railways against a decision of the No. 9 Transport Licensing Authority (Mr Haywood) amending a tourist licence of Midland Motorways Services Ltd. The original decision of the No. 9 Authority, made on January 25 this year, has been reinstated, and both appeals would be dealt with anew at an oral hearing, the Appeal Authority has decided. The original appeal decision was intended to give effect to an agreement reached by the parties, but it was now claimed on behalf of Midland Motorways Services, Ltd., that the decision included provisions which were not the subject of agreement.