INDEPENDENT BOARD FOR TRANSPORT CASES IS SUGGESTED.

Star (Christchurch), Issue 18057, 18 January 1927, Page 8

INDEPENDENT BOARD FOR TRANSPORT CASES IS SUGGESTED.

JUDGMENT OF COURT OPENS WIDE QUESTION. (Special to the “ Star.”) AUCKLAND, January 17. In an editorial “ The Takapuna Decision ” to-night’s “ Star ” says: “Mr Justice Stringer’s judgment in the application for a writ of prohibition against the Takapuna Borough Council is as severe as it is lucid. Under common law the council put itself in the wrong. * If there is one principle which forms an integral part of the English law it. is that every member of a body which is entrusted with judicial powers shall be free from bias, and if a person has such bias he ought not to take part in decisions or even to sit upon a tribunal.' “ His Honor considered it a travesty of justice to send plaintiff to such a body as the Takapuna Council for the consideration of his right to have licenses under the new Act. The predetermination of the council that was before the court or the main part of that predetermination appears to have occurred after the passing of the. Act, but when the council was made the licensing authority it must have been known that it intended to/eliminate bus competition with the trams. " The judgment is a sequel to bad legislation. The Government has power to appoint another local body to perform the licensing functions of the council, but the question opened out by the decision is wider in a sense that other licensing authorities are biassed, that is to say, they are parties financially interested in cases they are called upon to decide. The remedy is to set up independent transport boards. In the meantime Ministers and members of Parliament should note Mr Justice Stringer’s exposition of one of the basic principles of English law for their future guidance in framing statute law.”