This Part of this Act shall be read together with and deemed part of the Transport Licensing Act, 1931 (hereinafter in this Part referred to as the principal Act).

Notwithstanding anything to the contrary in section six of the principal Act, the Minister may from time to time, if he thinks fit, appoint any qualified person to be the sole member of any District Licensing Authority other than a Metropolitan Authority, and may at any time revoke any such appointment.

On the date from which any appointment under the last preceding subsection takes effect the members (if any) of the District Licensing Authority then in office shall vacate office. Any such member or any other qualified person may be appointed under the last preceding subsection.

While any person is in office under this section as sole member of a District Licensing Authority, section fourteen of the principal Act shall be deemed to be suspended in respect of that Licensing Authority. A person appointed under this section shall cause to be entered in a minute-book a record of all decisions made by him which, if the Licensing Authority consisted of more than one member, would require to be given by a resolution passed at a meeting thereof. Every such entry shall include a statement of the reasons for the decision to which it relates. A copy of any entry in the minute-book certified by the sole member to be correct shall, until the contrary is proved, be sufficient evidence in any proceedings under this Act of the decision to which it relates. Any person may, on payment of such fee as may be prescribed, obtain a copy certified as aforesaid of any entry in the minute-book.

Save as provided in the last preceding subsection, all the provisions of the principal Act relating to District Licensing Authorities shall, with the necessary modifications, apply to any person appointed under this section as sole member of a District Licensing Authority.

The Central Licensing Authority established under section five of the principal Act is hereby abolished.

The said section five of the principal Act and section fourteen of the Transport Law Amendment Act, 1933, are hereby consequentially repealed.

For the purposes of the principal Act the proper Licensing Authority to grant a passenger-service license or otherwise to exercise jurisdiction in respect of any such license shall be—

Tn any case where a passenger-service is being carried on or is proposed to be carried on within two or more districts the proper Licensing Authority shall not, except in the case of a temporary license, make any decision in respect of a license or an application for a license for the service without first consulting, whether personally or by correspondence or otherwise, every other Licensing Authority in whose district the service is being carried on or is proposed to be carried on.

For the purposes of paragraph (b) of subsection one of this section a district shall be deemed to be contiguous to the Auckland Transport District notwithstanding that it may be separated therefrom by any part of Waitemata Harbour.

This section is in substitution for section sixteen and subsections one to five of section fifteen of the Transport Law Amendment Act, 1933, and section twenty-three and subsection three of section twenty-six of the principal Act, and those enactments are hereby accordingly repealed.

On receiving an application in accordance with any of the provisions of the principal Act for the renewal, transfer, or amendment of a passenger-service license, or for consent to the abandonment or curtailment of a passenger-service, the Licensing Authority shall give public notice of the receipt of the application, specifying in the notice a time, being not less than seven clear days from the date of the notice, within which it will receive written representations against the granting of the application.

The public notice shall specify the address to which representations are to be forwarded, and shall contain a statement to the effect that if no written representations against the granting of the application are received within the specified time the application may be granted without further notice and without a public sitting of the Licensing Authority.

If no written representations against the granting of the application are received by the Licensing Authority within the time specified in the public notice the Licensing Authority may, if it thinks fit, without giving any further notice or holding a public sitting, grant the application in accordance with the terms thereof, without substantial alteration.

If any written representation against the granting of the application is received by the Licensing Authority within the time specified in the public notice, or if in any other case the Licensing Authority decides not to grant the application under the last preceding subsection, the provisions of section twenty-five of the principal Act shall apply to the application as if it were an application for a new license.

Subsection three of section thirty-five of the principal Act, and subsection three of section twenty of the Transport Law Amendment Act, 1933, are hereby repealed.

Section thirty-four of the principal Act is hereby amended by inserting in subsection two, after the word “exercise”, the words “of its own motion”.

Section thirty-six of the principal Act (which relates to the revocation and suspension of licenses) is hereby amended by repealing subsection two, and substituting the following subsection:—

If the proper Licensing Authority is at any time of the opinion that the circumstances under which any passenger-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 section.

If at any time the Minister so directs, the proper Licensing Authority shall notify the holder of any passenger-service license that it intends to review the license under this section.

Not less than fourteen clear days after the giving of a notification under subsection one or subsection two of this section the Licensing Authority shall hold a public sitting for the purpose of reviewing the license.

For the purposes of the review of a license under this section the provisions of sections twenty-five and twenty-six of the principal Act shall, with the necessary modifications, apply as if the licensee were an applicant for the license.

If, after reviewing the license in accordance with the foregoing provisions of this section 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.

This section is in substitution for section three of the Transport Licensing Amendment Act, 1935, and that section is hereby accordingly repealed.

The Chairman of the Licensing Authority (where the Licensing Authority consists of more than one person) and the sole member of the Licensing Authority (in every other case) shall for the purposes of every public sitting of the Licensing Authority have the authority and privileges of a Magistrate in respect of the administration of oaths, the hearing of evidence, the conduct of proceedings, and the maintenance of order at the sitting. Every witness giving evidence in person at any public sitting shall first be duly sworn.

The Transport Co-ordination Board established under section two of the Transport Law Amendment Act, 1933, is hereby abolished.

Part I of the Transport Law Amendment Act, 1933, is hereby consequentially repealed.

All references to the Transport Co-ordination Board in any Act or in any agreement, deed, instrument, application, license, notice, or other document whatsoever shall, unless inconsistent with the context or with the provisions of this Act, be hereafter read as references to the Minister.

This section shall be deemed to have come into force on the first day of April, nineteen hundred and thirty-six.

The Minister may from time to time make, or appoint any other person to make, such inquiries as he thinks necessary or expedient for the purpose of securing the improvement, co-ordination and development, and the better regulation and control of all means of and facilities for transport and all matters incidental thereto.

For the purposes of this section 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 subsection were a Commission of Inquiry appointed under that Act.

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 passenger-service license or in respect of any application made to the Licensing Authority.

The following persons and no others may appeal as aforesaid:—

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

For the purposes of every appeal under this section 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.

Pending the determination of any appeal duly lodged by a person carrying on a passenger-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.

For the purpose of better enabling the Minister to discharge his functions under this section 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.

For the purposes of any appeal under this section 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 subsection were a Commission of Inquiry appointed under that Act.

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.

In his determination of any appeal the Minister may confirm, modify, or reverse the decision appealed against.

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.

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.

This section is in substitution for sections forty-three and forty-four of the principal Act and sections seventeen, eighteen, and nineteen of the Transport Law Amendment Act, 1933, and those sections are hereby accordingly repealed.

All appeals duly lodged under the said section forty-three of the principal Act but not determined before the passing of this Act shall be determined by the Minister under this section.

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 Act, the determination shall be deemed to be of no effect, and the appeal shall be determined by the Minister under this section.

Proceedings before the Minister under the principal Act (including this Act) shall not be held bad for want of form. No appeal shall lie from any appointment, decision, or determination made by the Minister; and, except upon the ground of lack of jurisdiction, no proceeding, appointment, decision, or determination as aforesaid shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

In addition to the exemptions provided by section twenty-one of the principal Act, a passenger-service license shall not be required in the case of—

In this section the expression “approved trade motor or motor-coach” means a trade motor or motor-coach within the meaning of the Motor-vehicles Act, 1924, that is for the time being approved by the Minister for the purposes of this section.

Except with the previous written consent of the Minister of Railways, no license shall be granted to any person other than that Minister for a passenger-service having substantially the same terminal points and route as any passenger-service for which the said Minister is for the time being the holder of a license:

Provided that nothing in the foregoing provisions of this section shall be deemed to apply with respect to any renewal of a license that does not authorize any extension of the service to which the license relates.

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 passengers (whether for hire or reward or not) shall be deemed for the purposes of the principal Act to be a passenger-service within the meaning of that Act.

If any question arises as to whether or not the carriage of any passengers by motor-vehicle constitutes a service for the purposes of this section it shall be determined by the Minister, whose decision shall be final.

For the purposes of a notice under this section, 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 passengers carried, and the nature of any transaction that may be involved in the service.

In any notice under this section 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 principal Act 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.

Unless and until any notice under this section 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.

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.

This section is in substitution for section thirty of the Transport Law Amendment Act, 1933, and that section is hereby accordingly repealed.

Without limiting in any way the authority conferred on the Governor-General by section fifty-nine of the principal Act to make such regulations as may be necessary or expedient for the purpose of giving full effect to that Act, it is hereby expressly declared that the Governor-General, acting under the authority of the said section, may make regulations as follows:—

The said section fifty-nine is hereby consequentially amended by repealing paragraphs (c) and (s.).

Every person carrying on any passenger-service pursuant to a license under the principal Act shall keep in relation thereto such of the prescribed accounts and records, and shall furnish to the Commissioner such financial and statistical returns and statements 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.

Every person required to keep any accounts or records as aforesaid shall from time to time, as required for the purposes of the principal Act 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.

Section thirty-seven of the principal Act is hereby repealed.

The Acts specified in the First Schedule hereto are hereby amended in the manner indicated in that Schedule.

For the purposes of section forty-seven of the principal Act, sections five, six, seven, eight, twelve, fifteen, sixteen, eighteen, and nineteen hereof and the First Schedule hereto shall be deemed to form part of Part II of the principal Act.

This Part of this Act shall be read together with and deemed part of the Transport Licensing (Commercial Aircraft Services) Act, 1934 (hereinafter in this Part referred to as the principal Act).

The Minister shall be the sole licensing authority to grant aircraft-service licenses and to exercise jurisdiction in respect of such licenses.

For the purpose of better enabling the Minister to discharge his functions the Minister may from time to time appoint any person to inquire into and report to him upon any matters in relation to any license or application for a license.

For the purposes of this section 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 subsection were a Commission of Inquiry appointed under that Act.

This section is in substitution for section five of the principal Act, and that section is hereby accordingly repealed.

On receiving an application for a license, other than an application for a temporary license, the Minister shall give public notice of the receipt of the application, specifying in the notice a time, being not less than seven clear days from the date of the notice, within which he will receive written representations relating to the application. The Minister shall not finally consider the application until after the expiry of the time so specified.

The provisions of the last preceding subsection shall apply to applications for the renewal of licenses, and to applications for special licenses under section twenty-one of the principal Act.

This section is in substitution for section seven of the principal Act, and that section and subsection two of section seventeen of the principal Act are hereby accordingly repealed. Section twenty-one of the principal Act is hereby consequentially amended by omitting from subsection seven thereof the word “seven”.

The Minister may at any time appoint any person to hold a public inquiry as to whether or not any aircraft service carried on under the authority of a license under the principal Act is being carried on in conformity with the terms and conditions of the license.

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 person appointed to hold the inquiry 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.

For the purposes of the inquiry 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 person appointed to hold the inquiry were a Commission of Inquiry appointed under that Act.

If after considering the report of the person holding the inquiry the Minister 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 the service to any other person, the Minister may, in his discretion, revoke the license.

Instead of revoking any license as aforesaid the Minister may suspend the license for such period as he thinks fit, and he may in any case, without any inquiry being held as aforesaid, so suspend any license if he is satisfied that the licensee has wilfully committed a breach of any of the conditions of the license.

Notwithstanding anything to the contrary in the foregoing provisions of this section, a license may be revoked by the Minister if the service authorized by it is not commenced on the date specified in that behalf in the license.

Every revocation or suspension of a license shall be noted in the appropriate register, and shall be notified by the Commissioner to the principal Commissioned Officer of Police in every district or area in which the service to which the license relates is being or was authorized to be carried on.

This section is in substitution for section eighteen of the principal Act, and that section is hereby accordingly repealed.

Proceedings before the Minister under the principal Act (including this Act) shall not be held bad for want of form. No appeal shall lie from any decision made by the Minister; and. except upon the ground of lack of jurisdiction, no proceeding or decision as aforesaid shall be liable to be challenged, reviewed. quashed, or called in question in any Court.

Every person carrying on any aircraft service pursuant to a license under the principal Act shall keep in relation thereto such of the prescribed accounts and records, and shall furnish to the Commissioner such financial and statistical returns and statements 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.

Every person required to keep any accounts or records as aforesaid shall from time to time, as required for the purposes of the principal Act 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.

Section twenty of the principal Act is hereby repealed.

The principal Act is hereby amended in the manner indicated in the Second Schedule hereto.