CASE DISMISSED

Wairarapa Times-Age, 19 March 1942, Page 2

CASE DISMISSED

RETURN UNDER MOTOR VEHICLES ACT. MAGISTRATE'S COURT HEARING. An interesting point was raised in the Masterton Magistrate’s Court this morning in respect to the making of a return under the Motor Vehicles Act. Evan C. Brenkley was charged with failure to lodge a declaration under the Motor Vehicles Act giving the total number of miles of public highway over which a log hauler was used during a certain month. Mr H. H. Daniell appeared for defendant and pleaded not guilty. The Crown Prosecutor, Mr R. R. Burridge, conducted the case for the Crown. ’ Mr Burridge submitted that whether the vehicle was used or not a return was necessary, as long as the vehicle was registered. It cost nothing to make a nil return. The return was the only means the Department had of collecting this revenue and of checking up.

Mr Daniell contended that the Act did not call for a nil return. If a nil return were wanted the Act, he claimed, must ask for it. He asked for the dismissal of the case on that ground. He also stated that out of several hundred registrars in New Zealand only one had given evidence that he had not received a declaration. If the Crown wished to prove its case it would have to call every registrar in New Zealand. The Magistrate, Mr H. P. Lawry, upheld Mr Daniell’s contention in respect to evidence that a declaration had not been received. The Act did not say that the return had to be filed with the registrar with whom the vehicle was registered. Mr Lawry accordingly dismissed the case on that point, but gave no ruling in regard to the other point raised by Mr Daniell.