TRANSPORT APPEALS

Otago Daily Times, Issue 22392, 13 October 1934, Page 12

TRANSPORT APPEALS

PROTEST AGAINSf PERSONNEL MINISTER'S REPLY TO COUNCIL REPEAL OF SECTION SOUGHT (Pf.b United I'kehs Association.) NELSON, October 12. The Minister of Transport, Mr Coates, has replied to the protest of the Nelson Citv Council against those provisions of the Transport Act which allowed the same members to hear appeals. The Minister stated that New Zealand was one of the few countries where the right of appeal is granted from the decisions of transport 'licensing authorities. In the course of his letter the Minister said: "It had become apparent under the 1931 Act that the procedure could bo exceedingly costly, and the 1934 amendment was not designed to deprive (nor does it deprive) any interested party of a reasonable hearing. It does, however, make possible by the elimination of unnecessary and complete rehearings a measure ofi financial relief to all concerned. Under the earlier legislation the tribunal was an appeal board, pure and simple. The amending legislation established a board, the primary function of which is r to co- . ordinate the various forms of tvansport, the method of exercising that function in respect of road transport being by means of power vested in the board to determine appeals lodged from the decisions of the transport licensing authorities. v "In the particular case with which council is concerned exception is taken to two members of the board as they constituted the personnel which, as the central licensing authority, made the decision appealed against. Although it is extremely important, that the Transport Co-ordination Board should have final jurisdiction in transport matters, in view of the fact that the board has a "large amount of investigational work for the Government in that only a small number of cases is involved in* the decision, and that a similar position cannot arise, again, I am, prepared, having already consulted the board, to exercise the powers conferred in me and arrange for those cases not already heard and which come within the category complained of to be heard by a different .personnel from that which constituted the old central licensing authority. I can assure you that this decision does not in any way imply that the Government has any reason to doubt the impartiality of members of the board, but, in view of the attitude adopted by those interested, it_ has been decided to remove any suggestion of injustice or of a departure from what is the usual procedure, despite the fact that it has been ruled by the Supreme Court that the board can legally hear such cases."

Cr Moynagh said the protest had received almost unanimous approval throughout the Dominion. The council decided that the Minister's reply was generally unsatisfactory, while ■ noting with satisfaction that arrangements had been made for a different tribunal to hear the impending appeals It requested the Minister to inform the council what action he intends taking.to repeal the section in dispute in response to the representations of the New*Zealand Law Society, the Canterbury and Wellington. Chambers of Commerce, and the almost unanimost opinion of the local bodies of the Dominion.