480
THE NEW ZEALAND GAZETTE.
[No. 18

Section 32.

(1) The Commissioner shall keep a register of goods-service licenses, and such other register or registers as he deems necessary.

(2) The contents of any such register may be evidenced in any proceedings by a certificate under the hand of the Commissioner, and every such certificate shall be prima facie evidence of the matters stated therein.

(3) A certificate under the hand of the Commissioner that on a date specified in such certificate the name of any person did not appear in any register as the holder of a license under this Part shall, until the contrary is proved, be sufficient evidence that such person was not the holder of such a license on that date.

Section 33.

Except in the case of a temporary license every goods-service license when issued on a quarter-day shall take effect on that day, and in every other case shall be deemed to have taken effect on the quarter-day immediately preceding the date on which the license is issued, and in each such case shall, unless sooner revoked, or unless expressed to expire at any earlier date, expire on the completion of twelve months after the quarter-day on which it took effect, save that a license granted in accordance with subsection two of section twenty-eight hereof shall, unless sooner revoked, expire on the 31st day of May, 1934.

Provided that where application for a renewal of a license is duly made in accordance with section thirty-five of the said Act, as herein modified, such license shall, where the application for renewal is not disposed of before the date of expiry of the license, continue in force until the application is disposed of, unless the Licensing Authority otherwise directs.

Section 34.

(1) The Licensing Authority during the currency of a goods-service license may, of its own motion or on the application of the licensee, amend or revoke any of the terms or conditions of such license or add any new terms and conditions which in its opinion are necessary in the public interest.

(2) The Licensing Authority shall give to the licensee, and to every other person who in its opinion is likely to be affected, seven days’ notice of its intention to exercise any power conferred on it by this section.

(3) Every such amendment or revocation or addition of new terms and conditions made pursuant to this section shall be noted in the appropriate register.

Section 35.

(1) Every application for the renewal of a goods-service license shall be made in the prescribed form to the proper Licensing Authority not less than twenty-eight days nor more than fifty-six days before the day on which such license expires. Every such application shall be forwarded through the Commissioner unless the Minister otherwise directs.

(2) Application for the renewal of a goods-service license shall be made to the Central Authority where the service is or is intended to be carried on within two or more controlled areas, and in every other case shall be made to the appropriate District Authority.

(3) Section twenty-five of the said Act, in its application to goods-services, shall apply to every application for the renewal of a goods-service license as if it were an application for a new license.

(4) No person shall be entitled as of right to a renewal of a goods-service license, and, in considering any application for renewal, a Licensing Authority shall take into account all that it is directed by section twenty-six of the said Act, as modified by this Order in its application to goods-services, to take into account in considering an original application for a license.

(5) In granting any renewal of a goods-service license the Licensing Authority may either endorse the existing license or may issue a new license in lieu thereof, but any such new license shall show on the face thereof that it is in renewal of a license.

(6) The renewal of any license shall take effect for a period of not more than twelve months from the expiry of the license in renewal of which it is granted, but any such renewal may be granted in advance to take effect as aforesaid.

Section 36.

(1) Any Licensing Authority may at any time, and, if so directed by the Minister shall, hold a public inquiry as to whether or not any goods-service carried on under the authority of a license under this Part, granted by such Licensing Authority, is being carried on in conformity with the terms and conditions of the license.

(2) Not less than fourteen clear days’ public notice of the day, time, and place fixed for such inquiry shall be given in one or more newspapers having a regular circulation in the localities served by such goods-service, and particulars of the matters proposed to be inquired into shall be given in writing to the licensee not later than ten days before the day on which the inquiry is to be held.

(3) For the purposes of such inquiry the provisions of the Commissions of Inquiry Act, 1908, shall, so far as they are applicable, apply as if the Licensing Authority were a Commission of Inquiry appointed under that Act.

(4) If as a result of such inquiry the Licensing Authority is satisfied that the licensee is not carrying on the service in all respects in conformity with the license, or that he has disposed of such service to any other person, then the Licensing Authority may—

(a) Revoke such license; or

(b) Suspend such license for such period as it thinks fit; or

(c) Either in lieu of or in addition to suspending or revoking the license as aforesaid impose a penalty not exceeding £25 which may be recovered in any Court of competent jurisdiction as a debt due to the Crown.

(5) The Licensing Authority may, in any case, without holding such inquiry as aforesaid, so suspend any license if it is satisfied that the licensee has wilfully committed a breach of any of the conditions of the license.

(6) Every revocation or suspension of a goods-service license shall be noted in the appropriate register.

Section 37.

(1) The Governor-General may make regulations prescribing the accounts and records in relation to a goods-service that the Minister may require to be kept by persons carrying on a goods-service pursuant to a license under this Act, and prescribing the financial and statistical returns that the Minister may require to be made to him by such persons.

(2) Every person carrying on any goods-service pursuant to a license under this Act shall keep such of the prescribed accounts and records in relation thereto as the Minister may from time to time, by notice published in the Gazette, require, and shall make to the Minister in such manner and at such times as the Minister may from time to time notify by writing under his hand, addressed to such person, such of the prescribed financial and statistical returns as the Minister may in such notice require him to make.

(3) Every person who fails to comply with any of the requirements of the Minister pursuant to this section commits an offence, and is liable to a fine of twenty pounds, and, in the case of a continuing offence, to a further fine of five pounds for every day during which the offence continues.

Section 42.

(1) Every Inspector may at any time—

(a) Stop, enter, and inspect any goods-service vehicle while the same is being used:

(b) Enter any place where such vehicle is kept and inspect such vehicle:

(c) Make any reasonable running-test of such vehicle at the cost in all things of the owner thereof:

(d) Require the owner of such vehicle or any other person for the time being in charge thereof to furnish all such assistance as may be necessary for the purpose of any such inspection or running-test:

(e) Require the production of any current license or any document or instrument in evidence thereof issued in respect of such vehicle.

(2) Every person who obstructs or hinders or incites any person to obstruct or hinder any Inspector in the exercise of powers conferred by this section, or refuses or fails to furnish any such assistance as aforesaid, or who, having the custody or possession of any license as aforesaid, refuses or fails to produce the same to an Inspector on demand, commits an offence, and is liable for each such offence to a fine of ten pounds.

Section 43.
APPEALS.

(1) There shall be a right of appeal in the prescribed manner and in the prescribed form and within the prescribed time to the Transport Appeal Board from any decision of any Licensing Authority with respect to—

(a) The grant, renewal, or revocation of any goods-service license; and

(b) The terms or conditions of any license, except so far as such terms or conditions have been imposed in conformity with express requirements of the said Act or any regulations thereunder in their application to goods-services; and

(c) The amendment or revocation of any terms or conditions of a license, or any new terms or conditions, or any application for any amendment or revocation of terms or conditions or for new terms or conditions.