✨ Transport Licensing Regulations




1368
THE NEW ZEALAND GAZETTE.
[No. 48

(2) Notice in writing of the intention to hold the inquiry shall be given to the licensee and to all other persons who in the opinion of the Licensing Authority are interested. The notice shall contain particulars of the day, time, and place fixed for the inquiry and of the matters proposed to be inquired into. The notice to the licensee shall be given not later than fourteen clear days before the day fixed for the inquiry.

(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 the 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 mayβ€”

(a) Revoke such license; or

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

(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.

Clause 18 (Section 8 of 1936 Act).

(1) If the proper Licensing Authority is at any time of the opinion that the circumstances under which any goods-service license was granted have changed materially since the license was granted, the Licensing Authority may notify the licensee that it intends to review the license under this clause.

(2) If at any time the Minister so directs, the proper Licensing Authority shall notify the holder of any goods-service license that it intends to review the license under this clause.

(3) Not less than fourteen clear days after the giving of a notification under subclause (1) or subclause (2) of this clause the Licensing Authority shall hold a public sitting for the purpose of reviewing the license.

(4) For the purposes of the review of a license under this clause the provisions of clauses 5 and 6 hereof shall, with the necessary modifications, apply as if the licensee were an applicant for the license.

(5) If, after reviewing the license in accordance with the foregoing provisions of this clause and having regard to the circumstances existing at the time of the public sitting, the Licensing Authority is of the opinion that it is necessary or desirable in the public interest so to do, it shall revoke the license, or alter to an earlier date the date at which the license is to expire, or amend or revoke any of the terms or conditions of the license or add new terms or conditions thereto.

Clause 19 (Section 32 of 1931 Act).

(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 these provisions shall, until the contrary is proved, be sufficient evidence that such person was not the holder of such a license on that date.

Clause 20 (Section 12 of 1936 Act).

(1) There shall be a right of appeal in the prescribed manner and in the prescribed form and within the prescribed time to the Minister from the whole or any part of any decision of a Licensing Authority in respect of any goods-service license or in respect of any application made to the Licensing Authority.

(2) The following persons and no others may appeal as aforesaid :β€”

(a) The person in respect of whose application the decision of the Licensing Authority was given :

(b) The holder of the goods-service license in respect of which the decision was given :

(c) The Commissioner :

(d) Any other person affected by the decision and being the holder of a goods-service license or of an aircraft-service license, the permanent head of a Government Department, a local authority, or a public body :

(e) Any one or more of the signatories to a petition presented to the Licensing Authority pursuant to paragraph (j) of subclause (2) of clause 6 hereof :

(f) Any twenty-five or more adult residents of any locality affected by the decision of the Licensing Authority :

(g) An appeal by the persons mentioned in paragraph (f) of the last preceding subclause shall be by petition in the prescribed form.

(4) For the purposes of every appeal under this clause the Licensing Authority shall furnish to the Minister a copy of any notes of evidence taken by the Licensing Authority in connection with the subject-matter of the appeal.

(5) Pending the determination of any appeal duly lodged by a person carrying on a goods-service against any decision of a Licensing Authority in relation to that service, the appellant may carry on the service in the manner in which and to the extent to which he was lawfully carrying it on at the time when the decision of the Licensing Authority was given.

(6) For the purpose of better enabling the Minister to discharge his functions under this clause the Minister may from time to time appoint any person to inquire into and report to him upon any appeal or any matter in relation to an appeal.

(7) For the purposes of any appeal under this clause the provisions of the Commissions of Inquiry Act, 1908, shall, so far as they are applicable and with any necessary modifications, apply as if the Minister and every person appointed by him under the last preceding subclause were a Commission of Inquiry appointed under that Act.



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✨ LLM interpretation of page content

πŸš‚ Regulation of Goods-services in Controlled Areas under Transport Licensing Act, 1931 (continued from previous page)

πŸš‚ Transport & Communications
18 July 1936
Transport Licensing, Goods-services, Controlled Areas, Order in Council, Revocation, Licensing Authorities