TAKAPUNA ’BUSES

Gisborne Times, Volume LXV, Issue 10307, 17 January 1927, Page 5

TAKAPUNA ’BUSES

COUNCIL’S ACTION ALLEGED P RE-DETERMINED appeal by SERVICE PROPRIETOR UPHELD. LICENSING AUTHORITY transferred. AUCKLAND, J an . 15. he application by Henry Smith, representing the Yellow bus service from Devonport to Takapuna, for a writ to prohibit the Takapuna Borough Council from acting as No. 2 licensing authority under • the Motor Omnibus Traffic Act was heard in the bupremQ Court before Mr Justice stringer and Air Justice Reed. The grounds for the action were alleged bias, as shown particularly in a cir•cuiar issued by the Mayor of the borough that the council had already predetermined tile case. Air Findlay submitted that it was obvious the intention of the Act to support local authorities and to make them the sole licensing bodies. He submtted that even if bias did exist, that did not affect the legal standing of the Takapuna Council. * Air Justice Stringer: There is no doubt that the Act lias invaded one of the principles of common law, namely, that pecuniary interest in a concern should be a disqualification from legal jurisdiction. Air Findlay: That may be so, but if the legislature with a full knowledge of all the facts places this Act on the Statute Book, there is, I submit, no appeal from it. Air Justice Stringer: But even if the legislature • has declared financial interests are no disqualification there are other principles upon which this court can adjudicate. Air Findlay: I submit that to overrule the provisions of the Act would be to assume a legislative function above that of the State. Air Justice Reed said the GovernorGeneral could make an Order-in-Coun-cil whereby an authority could be taken over. It was even possible for an authority such as Takapuna to be absorbed in Auckland city. _ v The verdict was given for nlaintiff, t>v virtue of which the council is prohibited from acting as a licensing authority in No. 2 district. The grounds fo>‘ the decision were that the Couricß had predetermined its action.—P,A.