TRANSPORT CASE

Manawatu Standard, Volume LIII, Issue 245, 13 September 1933, Page 8

TRANSPORT CASE

JUDGE DELIVERS VERDICT. Per Press Association. WELLINGTON, Sept. 12. The case before Mr Justice Ostler in which Hodson’s Pioneer Motor Service raised the point whether a transport district licensing authority, when it considers an application for the renewal of a license, can simply grant or refuse the application, or whether it can add terms and conditions without giving notice to the licensee, was concluded this afternoon.

Mr Justice Ostler, in delivering judgment, said lie could see no difficulty in determining that the Government Railways Board has power to appeal to the Transport Appeal Board to.modify the decision of the District Licensing Authority by cutting down the number of daily trips allowed by the license. The appeal, in his opinion, was authorised by the Act, and that being so, it seemed to him that the action, so far as the Transport Appeal Board is concerned, must fail. It seemed that really disposed of plaintiff company’s other complaint. “In my opinion the District Licensing Authority had jurisdiction, in renewing the passenger service license, to modify the terms and conditions upon which such license was originally granted. Admittedly the matter is not ns clear as it might be, but in my opinion the intention of the legislature in this respect sufficiently appears. “It is quite clear that the District Licensing Authority has power to impose conditions when originally granting a license. It is also clear that after the original license has been granted, and while it is still current, that the District Licensing Authority has power either to amend or revoke any terms or conditions which, in its opinion, are necessary in the public interest. That being so, in my opinion the action fails. “It seems to me that the District Licensing Authority, in considering whether it should grant a renewal 01how it should alter its terms, lias acted in a judicial capacity and, therefore, if it proposes to make any alteration which is not discussed at a meeting at which objections are being heard, it will always be wise to give the parties affected notice of any alterations it proposes to make on its own motion and allowing the other party an opportunity of being heard if he objects.”