FERRY BOAT FEES

New Zealand Times, Volume XXXII, Issue 7110, 23 April 1910, Page 16

FERRY BOAT FEES

ABE HARBOUR BOARD LEVIES EQUITABLE? FERRY COMPANY SAYS “NO.” Argument in respect of an applilciajtion Jiled by the Wellington Harbour harries Company, Ltd., tor a declaratory judgment dciining the powers ,ctf itlie Wellington Harbour Board iu the 'matter of taxing terry boats plying for ’.hire in Wellington "harbour was heard ■before the Full Court—his Honor . the 'Chief Justice (Sir Robert Stout), Air 'Justice Edwards, a nil Air Justice Hooper—yesterday. Air Dalziell appeared on.behalf of the plaintiff comjpanjv Air T. S. Weston representing |tho board. Tbe questions submitted to the court 'were:— Was the. board entitled for the puri,poso of raising harbour dues to disItinguish between suburban wharves land other wharves ■within the harbour, '■and if so was it empowered to make •a, special berthage rate for ferry bod ts |calling at suburban, wharves which was Inot payable by any other boats or vessels using the same wharves or by ferry .boats or vessels calling at wharves 'other than suburban wharves in the 'harbour ?

Wias the board empowered in levying berthage rates to make a special (concession in favour of a ferry boat (starting from any particular wharf situated within the harbour or must it 'charge all ferry boats plying within jtho harbour alibo for tile use of any [specified wharf? Was the board empowered to distinguish for tile purpose of berthago [charges or similar harbour duos be-itw-een forry boats plying between the 'ports of Lyttelton and Wellington ’or other passenger boats coming to 'the port from other ports? Was the board empowered to charge la license fee to ferry boats plying 'within the harbour and at tho same .time to charge such ferry boats a berthage rate for their uso of suburban or other wharves? Air DalzioU said that the Harbour [Board erected two sets of wharves, kndwn as city and suburban wharves. The latter were' erected at Petone, Day’s Bay, Rona Bay, Seatoun, 'Karaka Bay, and Aliramar. They least a great deal of money and the board desired apparently to get a re--1 venue which wound pay some return or l 'this. It also desired, by a system of irebates, to ■compel ferry boats to calf 'at particular wharves. The effect of [the board’s practice was to grant a) iconcession in respect of boats calling at particular wharves, the result and 'apparent purpose of tho by-huws be|ing to get from the owners what the iboard deemed an adequate return, on ■the capital invested. His Honor the Chief Justice: Why 'shouldn’t (they? The .wharves were put there solely for tho_ purpose of the ferry traffic. Air Dalziell: Wo didn’t ask for them. His Honor: Then’you needn’t go to ithem. Air Dalziell submitted that a boat calling at two wharves obtained am advantage Over cote calling at one wharf, thus defeating' the intdntion of the 'statute.’ The charge was similar whether one wharf was called at or two. The owner whose business it was to aall at on© only was penalised. iTti-o f.taiUito required that equal 'dharges should be levied in respect of the same description of ships, of voyage, or of goods. The board' 'avoided the object of this clause by levying charges with tho object of compelling each boat to' call at all wharves.

Dealing with the second question, Mr DalzieJl put a hypot lietic-'i.l case of a vessel leaving Petone for Day’s Day or Wellington for Day’s Bay. The former would he required to pay a ■fee of 4s and tho latter of‘2s. Mr Weston submitted that the ■argumorat was purely an academic one. No boat had its headquarters at Petone and the board was perfectly willing to adjust its scale of charges to meet such a contingency did it arise. ID- Dalziell contended that in' practice the differential charge was actually levied. He submitted, further', that the differential treaifemonit meted out to heats plying between Wellington 'and ports outside Port Niclielson and , those plying across the harbour was 'contrary to statute. Also that the ■statute" conferred no power to levy separate charges as berthage and license fee. Decision was reserved.