Transport Licensing Regulations




July 18.] THE NEW ZEALAND GAZETTE. 1369

(8) The Minister in determining any appeal shall not be bound to hear any person
or to take any evidence or to receive any representations from any person.
(9) In his determination of any appeal the Minister may confirm, modify, or
reverse the decision appealed against.
(10) The determination of the Minister in any appeal shall be final, and shall have
effect according to its tenor. In any case where the decision appealed against is
modified or reversed it shall be the duty of the proper Licensing Authority to take
forthwith any action that may be required to give effect to the determination of the
Minister.
(11) The determination of the Minister shall in every case be communicated by
the Minister to the Commissioner who shall thereupon notify it to the proper Licensing
Authority, to the appellant, and to every other person who in the opinion of the
Commissioner is directly concerned.
(12) All appeals duly lodged under the provisions of section 43 of the Transport
(Goods) Order, 1933–34, but not determined before the passing of this Order shall be
determined by the Minister under this clause.
(13) In any case where the determination of the Transport Co-ordination Board
in any appeal under the said section forty-three has not been given effect to by the
Licensing Authority before the passing of this Order, the determination shall be deemed
to be of no effect, and the appeal shall be determined by the Minister under this clause.

Clause 21 (Section 16 of 1936 Act).

(1) If the Minister is of opinion that it is necessary or desirable in the public
interest so to do, he may from time to time, by notice published in the Gazette, declare
that any service by motor-vehicle for the carriage of goods (whether for hire or reward,
or not) shall be deemed for the purposes of the Transport Licensing Act, 1931, and these
provisions to be a goods-service within the meaning of that Act and these provisions.
(2) If any question arises as to whether or not the carriage of any goods by motor-
vehicle constitutes a service for the purposes of this clause it shall be determined by
the Minister whose decision shall be final.
(3) For the purposes of a notice under this clause a service may be defined in such
manner as the Minister thinks fit. In particular, without limiting the general authority
conferred by this section, a service may be defined by reference to all or any of the
following matters—namely, the points between which it is carried on, the nature or
length of the route, the localities served, the motor-vehicle or motor-vehicles used, the
goods carried, and the nature of any transaction that may be involved in the service.
(4) In any notice under this clause in respect of any service or services the Minister
may declare that any specified person or specified class of persons shall be deemed for
the purposes of the Transport Licensing Act, 1931, and this Order to be carrying on the
service, whether or not that person is or those persons are the owner or owners or the
bailee or bailees of the motor-vehicle or motor-vehicles used in the service.
(5) Unless and until any notice under this clause is varied or revoked as hereinafter
provided, it shall continue in force according to its tenor. Every such notice shall come
into force on the date of its publication in the Gazette, or on such later date as may be
specified in that behalf in the notice.
(6) Any notice under this section may in like manner from time to time be varied,
or may be at any time in like manner revoked.

Clause 22 (Section 18 of 1936 Act).

(1) Every person carrying on any goods-service pursuant to a license under these
provisions shall keep in relation thereto such of the prescribed accounts and records,
and shall furnish to the Commissioner such financial and statistical returns and state-
ments and such copies of accounts, based on the accounts and records so kept by him, as
the Commissioner may from time to time require by notice in writing addressed to that
person.
(2) Every person required to keep any accounts or records as aforesaid shall from
time to time, as required for the purposes of these provisions by the Commissioner or by
any officer authorized by him in that behalf, furnish in writing any information or produce
for inspection any books or documents (including the said accounts or records) that may
be in his knowledge, possession, or control.

Clause 23 (Section 42 of 1931 Act).

(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 or any other prescribed document 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 clause, or refuses or
fails to furnish any such assistance as aforesaid, or who, having the custody or possession
of any license or document 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.

C. A. JEFFERY,
Clerk of the Executive Council.

(TT. 19/27.)



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

🚂 Transport & Communications
18 July 1936
Transport Licensing, Goods-services, Controlled Areas, Order in Council, Revocation, Licensing Authorities
  • C. A. Jeffery, Clerk of the Executive Council