HEAVY TRAFFIC

Dominion, Volume 24, Issue 64, 9 December 1930, Page 13

HEAVY TRAFFIC

Apportioning Fees APPLICATION TO COURT The power of the magistrate to adjudicate was called into question yesterday when application was made to Mr. E. Page, S.M., by a number of local bodies under .Section 166 of the Public Works Act, 1928, to make an apportionment of the heavy traffic license fees among the various local authorities in the district south of the Waikanae River. The local bodies supporting the application were the Hutt County Council (Mr. Gray, K.C.), Upper Hutt Borough Council (Mr. Hay) amt Wellington City Council (Mr. O’Shea and Mr. Lockie). Other local bodies represented were the Petone, Lower Hutt and Eastbourne Borough Councils, Makara County Council and Johnsonville Town Board, for all of which Mr. Johnston, K.C., and Mr. Harding appeared. Objection was raised by Mr. Johnston, on behalf of those bodies he represented, that a magistrate did not have power to make the apportionment. Asked by the bench what remedy he would suggest, assuming the magistrate did not have the power, Mr. Johnston said it would be necessary to appoint an arbitrator.

Mr. O’Shea said the City Council was not favourable to appointing an arbitrator.

After lengthy legal argument had been heard the magistrate reserved his decision.