TRANSPORT BOARD

Dominion, Volume 26, Issue 295, 8 September 1933, Page 10

TRANSPORT BOARD

Rehearing of Appeals

NEW REGULATIONS Chance to Review Cases Regulations published in last evening’s Gazette provide machinery for the rehearing of appeals by the Transport Appeal Board. The regulations, which have been issued under the Transport Licensing Act, 1931, give to those with the right of appeal authority to apply for a rehearing on certain defined grounds, the chief of which is that more evidence has become available.

Interviewed regarding the new regulations, the Minister of Transport, Rt. Hon. J. G. Coates, explained that they were decided upon as the outcome of representations made by local bodies and others throughout the North Island that some of the recent decisions of the Transport Appeal Board had had exceedingly far-reaching effects, and would result in many concerns being forced off the roads. These firms claimed that they were not in a position to bring complete evidence at the sittings to prove the hardship to themselves and the travelling public served, and from the representations that had been made by residents In the areas concerned, there was ground to support the request for further opportunities, of revievripg the whole of the circumstances.

The regulations provided that any person or body having the right of ap‘■peal under the Act might apply for a rehearing within two months of the passing of the regulations, and in the case of any other appeal within twenty-one days after the date of any determination of the Transport Appeal Board, on the grounds mainly that further evidence had become available, or that it was equitable ami proper that the determination should be considered in whole or in part If the Transport Appeal Board were satisfied that a rehearing was justified In the circumstances, It was empowered to grant a rehearing upon such terms as it thought fit, and the operator would be allowed to carry on the services in respect of those matters upon which the rehearing had been grafted. “The Government has given the matter very careful consideration,” concluded Mr. Coates, “and while it has no desire to prolong unduly proceedings -under the Act, with the consequential additional expense to all parties concerned, it feels that with an Act of this kind, where precedents are singularly lacking, if there is an Impression abroad that justice is not being done it is preferable to provide reasonable opportunities for every aspect to be thoroughly welglled. The statute provides that the decisions of the Transport Appeal Board shall be final, and the Government considers that it is legitimately exercising Its functions and powers in providing for rehegrings und.er the'conditions laid down.”