Aircraft refusal ruled valid

Press, 17 April 1980, Page 22

Aircraft refusal ruled valid

PA Wellington The refusal of the Air Services Licensing Authority to permit Nationwide Air, Ltd, to’ run larger aircraft was valid,' the Chief Justice (Sir Ronald Davison) has found in a judgment given in the High Court. His Honour dismisses the company’s motion seeking an order declaring that the authority’s review of its licence was either

ultra vires the authority, or in breach of natural justice. The company had a continuous licence for an air service that included a charter service from Kawerau, Whakatane, Rocorua, Galatea, Matamata, Taupo, and Tokoroa to any authorised landing place in New Zealand, his Honour said'. , It claimed the right under the air transport services standard • times and conditions order to replace a . Cessna 402 for which it was licensed with the larger Cessna 404. “It appears to me not to be in accord with the provisions of clause 4 of the order,” his Honour said. “But it was an endeavour to replace a class of light aircraft of a . capacity which has been reduced specifically to coincide with’ the aircraft being replaced, but which enables a vastly increased quantity of freight to be carried.

“I am left with the firm conclusion that far from there being any unfairness or breach of natural justice on the part of the authority, it merely carried out its functions as required in terms of its act and it gave to the parties every opportunity to be heard before the order was finally made,” his Honour said.