STATUS OF BOARD QUESTIONED

Evening Star, Issue 21744, 12 June 1934, Page 14

STATUS OF BOARD QUESTIONED

MATTER REFERRED TO SUPREME COURT [Pm Uxited Pbuss Association.] NELSON, June 1L : When the case of H. Anstic's appeal against' the Transport Licensing Authorities’ cancellation' of .a license for, the Christchurch-Nelson passenger service came before the Transport Co-or-dination Board, counsel for the appellant, Mr J. P. Hayes, protested against the board hearing the appeal on the grounds that'two of its.three members were members, of the licensing • authority which decided, on the cancellation of the license. “ First and foremost i wish to protest against this board hearing the appeal,” said Mr Hayes. He described section 17. subsection 1 and 2. of the Transport Act of last year as radical. “ I‘ve not been able to find anything. like it in a diligent search, ft. is not in the English Roads Act, and to go back to anything like it in English law. one has to go back to the Star Chamber. The Chairman (Sir Stephen Alien), smilingly; A bit before my time, Mr Hayes. , Mr Hayes: Yes. but it led to a revolution and cost a, king bis life.. Mr Hay es claimed that section li or the Act did not empower a member of the Co-ordination Board to Hear an appeal against the decision of an authority of which he was a member. “The hoard may hear the appeal.” he said. " but not including a member whose decision is'being appealed against. In this case two of the board were members of the licensing authority concerned. If the board decides to hear the appeal, it will be necessary to take the matter to the Supreme Court, but I hope to persuade the board that it lias no jurisdiction to hear this appeal. It would be futile to appeal to a board of three when two of its members had beard the case before, he said. It was unthinkable, revolutionary, and unjust. It was against the principle of a. court of justice It would be in the public interest for the board to state a ease for the opinion of the Supreme Court. After consideration, the Chairman stated that the board had decided to adopt counsel’s suggestion and send the matter to Hie Supreme Court; -It is an interesting and important point, and it is important that we should not hear it ourselves,” said the Chairman. The question to be submitted to the Supreme Court is; Has the- Co-oidina-tion Board jurisdiction to hear the appeal, seeing that two members ot it were members ot the licensing antboritv which gave the decision ap,. pealed against ■ .