β¨ Motor-omnibus Regulations
May 7.]
THE NEW ZEALAND GAZETTE.
(7.) In all matters coming before the Board the Chairman shall have a deliberative vote, and the decision of the Board shall be determined by a majority of the votes of the members present, except in the case of an equality of votes, in which case the Chairman shall have a casting-vote.
(8.) The Board may, subject to clause (6) hereof, act notwithstanding any vacancy in its body, and in no case shall any act of the Board be invalidated or questioned on the grounds of any informality in the appointment of a member, or on the ground that the seat of any member is vacant, or that any supposed member is incapable of being a member.
(9.) In the case of the illness or unavoidable absence of the Chairman of the Board, the Governor-General shall appoint some other member of the Board or some other person to act as Chairman during such illness or absence; and in the case of the illness or unavoidable absence of any of the other members of the Board, or in the event of the promoters of a tramway, or a City or Borough Council which has established a motor-omnibus service for the conveyance of passengers within the district neglecting or failing to appoint a member of the Board, the Governor-General may in any such case temporarily appoint some suitable person to act as member of the Board during the illness or absence of such member as aforesaid or until such time as such promoters or Council appoint such member; and the person so appointed shall while acting upon the Board have all the powers of a member duly appointed.
(10.) In the event of any dispute or question arising in the course of administration of these regulations as to the meaning of these regulations, or of any portion thereof, the same shall be referred to and determined by the Board, and its decision shall be final and conclusive.
(11.) The Board shall, in respect of appeals hereunder, have all the powers of a Commission appointed under the Commissions of Inquiry Act, 1908, and may in its discretion accept or reject any evidence (whether legally admissible or otherwise), and may also permit any party or appellant to be represented by counsel, solicitor, or agent.
- CONDUCT OF APPEALS.
(1.) It shall be the duty of the Clerk,
(a.) To receive, register, and deal with all appeals within the district of which he is Clerk:
(b.) To convene the Board for the purpose of dealing with such appeals:
(c.) To keep a register in which shall be entered the particulars of such appeals and the determination of the Board thereon. Such register shall at all reasonable times be open to inspection by any person:
(d.) To obtain the signature of the Chairman to all entries in such register in proof of their correctness:
(e.) To give notice of any appeal to any party concerned therein and to forward a copy of any determination of the Board thereon to the appellant, to the licensing authority, to the owner of the motor-omnibus, to the promoters of the tramway, to the local authority which has established a motor-omnibus service within the district, and to the Minister respectively, as the case may require; and, in addition, to forward to the Minister particulars of the matter appealed against:
(f.) To issue all summonses to witnesses, and to issue all notices and perform all other acts in connection with the sittings of the Board as the Chairman directs.
(2.) Appeals shall be heard at such convenient times and places as the Chairman may from time to time determine.
(3.) With respect to every appeal the following provisions shall apply:β
(a.) Every appeal shall be commenced by notice of appeal addressed to the Chairman of the Transport Appeal Board of the district within which the matter concerning such appeal has arisen. Such notice shall be sent to the Clerk within seven days from the making of the decision appealed against.
(b.) Such notice may be in the form of an ordinary letter, and shall set forth clearly the grounds of appeal, the date or dates when the subject-matter of such appeal arose, and the name
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VUW Te Waharoa —
NZ Gazette 1926, No 28
NZLII —
NZ Gazette 1926, No 28
β¨ LLM interpretation of page content
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Motor-omnibus Regulations
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π Trade, Customs & IndustryRegulations, Motor-omnibuses, Licensing, Transport, Appeal Board