STATUTE NOT CLEAR

New Zealand Times, Volume LIII, Issue 12609, 20 November 1926, Page 5

STATUTE NOT CLEAR

LICENSING OF MOTOR- BUSES CASE OF INTER-DISTRICT SERVICE ONE LICENSE, OR TWO? Per Press Association. AUCKLAND, November 19. The question of Licenses for motor’buses plying from one licensing district to another forms the subject of an important judgment delivered by Air AV. K. McKean, S.M. The Takapuna Borough Council, as number two licensing authority, prosecuted A. 11. Smith for running, without a license, a ’bus service between Devonport, which is in number cne district, and Takapuna. Defendant applied to number one licensing authority for a license, but his application has not yet been dealt with. The magistrate remarked that as defendant was still carrying on the service, and had not obtained a license from any licensing authority, he had committed, technically, at anv rate, a

breach of a provision of the Act. However, it would be wrong to penalise him while his application was still pending. ALTERATIONS NECESSARY. The real question at issue, said the magistrate, was whether it was necessary for defendant to apply to the licensing authority for each district for a license for his omnibus service. To give effect to this contention certain alterations to the Act would be necessary. “It may be that it was the intention of the Legislature to give to each licensing authority the right to control all omnibus services operating in its district,” said the magistrate. ‘‘lf that intention has not been expressed in clear and unambiguous language, it cannot be given effect to by a consideration of the policy of tho Act. 1 think the language of the Act is not sufficiently clear to enable mo to say that the Legislature intended that two licenses should be necessary lor any one service.” CHARGE DISMISSED. After dealing with the question of the insurance policy, which is required to be deposited with, “the licensing authority,” the magistrate said: “It seems to me that the idea of dual control is one that did not occur to the Legislature. The constitution of Takapuna as a separate district, forming an island in the midst o-f a wide district, may havo been an afterthought. Certainly it created a position for which the provisions necessary, if any sort of dual control had been intended, have not been made* In the circumstances, I think this charge should be dismissed. As the matter is one of difficulty, and is regarded as of somo importance, I have discussed it with my fellow-magistrates, and they agree with me.”