TRANSPORT LICENSING

Otago Daily Times, Issue 24449, 7 November 1940, Page 2

TRANSPORT LICENSING

APPEALS AGAINST DECISIONS REVISION OF PROCEDURE (Special to Daily Times) WELLINGTON, Nov. 6. “ Some revision of the procedure for dealing with appeals against decisions of District Transport Licensing Authorities has been found desirable,” stated the Minister of Transport (Mr R. Semple) to-day. “ Under the Transport Licensing Amendment Act, 1936, the Minister of Transport is required to determine all such appeals, and is authorised to fix hi? own procedure. ‘‘The procedure has been to enable any party to an appeal to obtain a copy of the notes of evidence taken at the public sittings of the Licensing Authority, and for each party to make written submissions in support of or against the appeal,” Mr Semple said. “ In many cases the holder of a licence, or an applicant for a new licence, or an opposing party, does not present his case correctly or adequately before the Licensing Authority; but, after the authority has given his decision with full regard to the evidence placed before him. additional information is introduced in the appeal submissions or in connection with them. This should have been produced at the public hearing, where there is opportunity for cross-examination and for the admission of sworn evidence in rebuttal. “Many appellants, or supporters of an appellant, or other parties to an appeal, have endeavoured to see me and to make representations in support of appeals, but I have, and I believe rightly, made it a rule not to receive such representations. Also, appellants have called at the department’s offices and volunteered mation orally, in lieu of or in addition to written submissions, and I consider that this growing practice should be ended. Much work and some _ delay are caused through the necessity of verifying these statements, and, however great the care taken, other parties to the appeal may be prejudiced. “ No one wishes to see any hole-and-corner method allowed to develop, but appellants and others, ■without realising it, may be fostering such a system. It has now been decided that in respect of all matters heard by the Licensing Authorities after the end of November, any appeals arising therefrom will be determined with the fullest regard to the evidence given at the public sitting's of the Authorities. New matter will thus be excluded, and written submissions (other than submissions solely commenting on the evidence given at the public hearing) and written or oral representations by or on behalf of any appellant, or other party to an appeal, cannot be accepted. “ Licensed operators, and all others concerned,” Mr Semple concluded, will appreciate that it will be advisable for them, in future, to be prepared to present their cases .adequately at the public sittings of the Licensing Authority. If good reasons can be advanced at the hearing, n. request for any necessary adjournment will be dealt with reasonably by the Licensing Authority.”