✨ Guarantee Act Regulations




748

THE NEW ZEALAND GAZETTE.

such notice, and a copy of all such corrections shall
be forwarded to the office of the Colonial Secretary,
as soon as practicable after the close of each quarter
of the year.

  1. So soon as the name of any officer is placed on
    the roll, notice to that effect shall be transmitted to
    him, specifying the amount for which he is assured;
    but the non-receipt of such notice shall not relieve
    the officer of his liability as an Assurer.

  2. The persons whose names shall appear on the
    roll (constructed, corrected, or revised as herein-
    before provided) on the date of the notice of defalcation
    prescribed in clause 15 of these Regulations,
    shall be the persons liable to pay any sum required by
    the Board to make good any defalcation.

  3. The amount to be paid by each officer shall
    bear the same proportion to the amount required to
    make good any defalcation, as the sum for which he
    is assured shall bear to the total sum assured.

  4. Whenever any defalcation shall have taken
    place, notice thereof shall be sent to the Board; and
    when the amount of such defalcation shall have been
    determined, a notice of such amount, certified to by
    the Auditor-General, shall be sent by the Permanent
    Head of the Department in which the default shall
    have occurred, to the Chairman of the Board, and
    such notice shall state whether any and what amount
    of salary or other moneys payable to the defaulter
    is in the hands of the Government: Provided always
    that the amount to be made good shall in no case
    exceed the sum for which the defaulter is assured;
    and also, that the liability of the Assurers shall only
    extend to losses occasioned by the act or acts of the
    defaulter himself.

  5. On receipt of any such notice of defalcation,
    the Chairman shall forthwith call a meeting of the
    Board, and the Board shall thereupon proceed to
    assess upon the total sum assured the rate per cent.
    required to cover the sum in default. A notice,
    signed by the Chairman of the Board, shall then be
    published in the New Zealand Gazette, specifying the
    name of the officer who has made default, the Depart-
    ment in which he was serving, the amount of the
    defalcation, and the rate per cent. on the sum
    assured required to be levied; and such notice shall
    be binding on each and every person assured to the
    extent of the particulars contained therein; and
    such notice shall be sufficient to authorize the
    deduction of the sum payable by each officer from
    any salary or other moneys to which he may then or
    at any time thereafter be entitled: Provided that the
    sum so to be deducted shall not in any one month
    exceed 10 per cent. on the amount of salary payable
    for that month; and any sum remaining unpaid in
    one month shall be deducted from the salary payable
    for the succeeding month or months.

  6. Immediately after publication of the Gazette
    notice aforesaid, the Chairman shall forward to the
    Paymaster-General a schedule showing the amounts
    recoverable from all officers. The Paymaster-General
    shall thereupon recover out of any moneys payable to
    the officers specified, the amount for which each is
    liable, and shall pay the amount to an account at
    the Bank, to be called "The Government Officers
    Guarantee Account," from which account money
    shall be withdrawn from time to time by cheques
    signed by the Chairman and countersigned by one
    other member of the Board.

  7. Whenever any defalcation shall have taken
    place and a notice of call shall have been published
    in the Gazette as aforesaid, the Colonial Treasurer
    shall, on the application of the Chairman, pay to
    "The Government Officers Guarantee Account" at
    the Bank a sum equal to one-fortieth part of the
    total amount of such call, and shall charge the same
    on the Consolidated Fund.

  8. All moneys payable by the Government to any
    defaulter, by way of salary or otherwise, shall be paid
    to the Chairman of the Board, and shall be applied in
    reduction of the amount for which the Board is liable
    in respect of such defaulter.

  9. So soon as the total assessment has been collected,
    together with the contribution from the Con-
    solidated Fund, the Chairman of the Board shall pay
    to the Public Account the amount for which the
    defaulter was assured, or so much thereof as may be
    required to make good the defalcation, and shall
    advise the Colonial Secretary that such payment has
    been made, and shall forward a copy of such letter of
    advice to the Receiver-General, with a Bank receipt
    for the sum paid in.

  10. All moneys received by the Government from
    any defaulter shall be paid to the Chairman, and by
    him be placed to the credit of "The Government
    Officers Guarantee Account;" but if recovered before
    any calls have been made in respect of the defalcation,
    the claim of the Government on the assurer
    shall be reduced by the amount of the moneys so
    recovered, and such moneys shall not be paid to the
    Chairman; but if recovered after the call shall have
    been made, then the moneys so recovered shall be
    divided by the Board amongst the assurers in pro-
    portion to the amount of the calls paid by them:
    Provided that if the sum so recovered be under fifty
    pounds, then the same shall be paid to and remain at
    the credit of "The Government Officers Guarantee
    Account," and shall be applied in reduction of the
    amount to be made good in respect of the next sub-
    sequent defalcation.

  11. In case there shall be any balance remaining
    after making good the amount of defalcation as
    aforesaid, such balance shall remain at credit of
    "The Government Officers Guarantee Account," and
    shall be applied in reduction of the amount to be
    made good in respect of the next subsequent defalcation.

  12. The Board shall keep proper accounts of all
    sums received and paid by it; and an abstract of
    such accounts, signed by the Chairman, and sup-
    ported by appropriate vouchers, shall be transmitted
    during the month of January in each year for ex-
    amination by the Auditor-General, who shall forward
    the same to the Colonial Secretary, with such re-
    marks as he may think necessary.

  13. The Board shall be empowered to receive and
    consider reports and communications on matters
    which concern the integrity of any officer, and shall
    act therein as may seem expedient.

  14. These Regulations shall apply to every person
    who shall be concerned in the receipt, custody, con-
    trol, issue, or expenditure of the public moneys or
    stores, but, except as herein provided, they shall not
    apply to the following officers and departments, that
    is to say,-

  • The Governor's Establishment.
  • The Clerks in the Audit Department.
  • The Attorney-General, and Assistant Law Officer.
  • Judges' Associates.
  • The Officers of the Geological and Meteorological Depart-
    ment.
  • The Government Reporter and his Staff.
  • Officers of Militia and Volunteers.
  • The Printing Department, excepting those hereinafter
    specified.
  • The Overseer of Domains, Gardeners, and Labourers.
  • Draftsmen in the Crown Lands Department.
  • Surveyors and Draftsmen in the Inspector of Surveys'
    Department.
  • Engineers, Surveyors, and Draftsmen in the Public Works
    Department.
  • Lighthouse Keepers.
  • Medical Officers, Teachers, and Assessors, Native Depart-
    ment.
  • All Officers serving outside of the limits of the Colony of
    New Zealand.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1874, No 59





✨ LLM interpretation of page content

πŸ’° Amended Regulations under Government Officers Guarantee Act 1870 (continued from previous page)

πŸ’° Finance & Revenue
10 November 1874
Government Officers Guarantee Act, Regulations, Mutual Assurance, Civil Service, Salary Scale, Board of Officers, Defalcation, Guarantee Account