HEAVY TRAFFIC FEES

Otago Daily Times, Issue 22122, 28 November 1933, Page 13

HEAVY TRAFFIC FEES

EDUCATION BOARD LORRIES LIABILITY OF THE CROWN. (Per United Press Association.) CHRISTCHURCH, November 27. A case to determine whether, throughout New Zealand, heavy motor vehicles used by the various education boards are liable for heavy traffic license fees was heard in the Supreme Court before Mr Justice Ostler this morning. The Christchurch City Council was _ the plaintiff, and the Canterbury Education Board the defendant. The court’s judgment will be of Dominion-wide importance, as the case has raised what has been a complicated problem in New Zealand, owing to extension of the State’s activities. The basis of the whole question is whether the Education Board is or is not the Crown. The facts agreed to by counsel were that the board owned one or more heavy motor vehicles within the moaning of the regulations and operated them in the education district of Canterbury for the cartage of stores, material, furniture, and appliances' used, or to be used, in connection with the primary schools. The defendant claimed tuat the vehicles should be exempted as being the property of the Crown or in the service of the Crown. His Honor said the case was of sufficient importance to have been moved into the Court of Appeal as it would affect all education boards. For the City Council, it was argued that education boards could be sued in the same way ns other local bodies, and although they disbursed funds supplied by the Government those funds ceased to be Government funds as soon as they were in the hands of the education boards. In this respect thcii* position was akin to that of local bodies. His Honor reserved his decision.