TRANSPORT ACT

Stratford Evening Post, Volume II, Issue 352, 8 September 1933, Page 3

TRANSPORT ACT

QUESTION OF APPEALS Provision Made for Rehear©teas : Association. —Copyright. t..’- : ■ Wellington, Sept. 7. Provision is made in a notice appearing ( in" to-night's Gazette for the rehearing of appeals under the Transport Licensing Act, 1931, on the following grounds: (a) That the board has decided any jpoint of law erroneously: (b) that the verdict has been obtained by any unfair or improper practice of any person br party concerned with such appeal to prejudice any other person; (c) that material evidence has been discovered or become ; available since the hearing of the appeal which could not have been foreseen, known or made available before or at the hearing: (d) that any wltnlss has been guilty of misconduct like&rto ‘affect the result of the appeal; (fe) %at having regard to the whole circumstances as disclosed upon such application: it is : equitable and proper that the determination should be reconsidered in whole or in part.

, Commenting on the regulations, the Rt. Hon. J. G. Coates explained that the regulations were decided upon as an outcomb. qf. representations made by local bodies and others throughout the North Island that some of the recent decisions of the Transport Appeal Board had had exceedingly far-reaching effects and would result in many concerns being forced off the’ roads. These firms claimed that they were-not in a position to bring complete evidence at the sittings to pioyt- hardship -to themselves and ’ the travelling public, and from representations .that had been made by resident? in the areas concerned there was ground to support the request for'further opportunities on reviewing the wKo.le of the circumstances. ‘ “■The' Government has given the matter y£t;y careful consideration," said Mr. “and whilst it has Ho .desire to prolong unduly proceedings under the consequential additional expanse to all the parties concerned, it fails tltat with an Act of this kind;where precedents are singularly lacking, if there is ah impression abroad that jus-tifeb-ii hot .being done it is preferable to provide reasonable , opportunities for eyOfyf aspect to be thoroughly weighed. Tib" statute 1 provides' thfft theg decisions or the Transport Appeal Board shall be final, the Government considers it ia« legitiniately exercising its : fhhctions and powers in providing for re-hearings under thfe conditions laid down.”