By-law Ruled Unreasonable

Press, Volume CVIII, Issue 31775, 4 September 1968, Page 26

By-law Ruled Unreasonable

(New Zealand Press Association) AUCKLAND, September 3. An Auckland City Council by-law relating to mobile shops has been quashed by Mr Justice Hardie Boys on the ground that it is unreasonable.

His Honour said this in a reserved decision on an appeal by Donald Alfred Nicholson Stapleton, a driver, of Auckland. He said he agreed with the appellant’s contention that while there might be justification for an original licence fee of $5O when the character of the applicant was inquired into and the vehicle inspected, subsequent renewals of the licence needed only perfunctory examination warranting a licence fee of about $lO. His Honour said it was

urged that once one of the local bodies had granted a licence, only the first should be entitled to a full fee and all others should be permitted to charge only a nominal fee. “The facts put before the Court establish beyond doubt that the imposition of the full licence fee by any large number of the local bodies which go to make up what is known as the Auckland metropolitan area would put the average mobile shopkeeper out of business,” he said. He quashed the by.-law and awarded $5O costs to the appellant. In his view, said his Honour, the council must look at the subject afresh and con- | sider what would be a reasonable licensing fee in three [differing situations—a licence newly applied for, a licence being renewed for the same vehicle, and a licence applied for in respect of a person and vehicle already authorised by another local body.