✨ Industrial Arbitration Regulations
672
THE NEW ZEALAND GAZETTE.
[No. 28
WITNESSES.
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A summons to a witness shall be in duplicate, in the form numbered 20 in the Schedule hereto. The Clerk shall sign both duplicates, retaining one and issuing the other for service by the applicant. Service shall be effected by delivering a copy to the witness, and at the same time producing the original for his inspection if so desired.
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Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served. If the summons is issued out of the Court of Arbitration it shall bear the seal of the Court; if issued by the Board of Conciliation, it shall be signed by the Clerk on behalf of the Board.
THE COURT OF ARBITRATION.
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The application under section 58 of the said Act for the reference of an industrial dispute to the Court for settlement may be in the form numbered 21 in the Schedule hereto.
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When filing such application in the office of the Clerk, the applicant shall also lodge as many copies thereof as there are other parties to the dispute. The Clerk shall indorse on each copy a memorandum signed by him, setting forth the fact and date of the filing of the original, and shall then forthwith post one such copy by registered letter, addressed to each of the said other parties to the dispute.
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All papers and proceedings before the Court shall bear the same number as before the Board, and be similarly intituled, with the addition of the words, “Before the Court of Arbitration.”
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The Clerk in each industrial district shall be an officer of the Court, and shall attend all sittings thereof in his district. He shall keep the minutes of proceedings and the records of the Court, and perform all such duties and exercise all such functions as the Court may direct.
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Whenever the Clerk cannot conveniently attend the sittings of the Court, the Minister of Justice may appoint any other fit person to attend such sittings in the stead and as the deputy of the Clerk, and the deputy whilst so attending shall perform the functions and duties of the Clerk.
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Whenever the Clerk (being the Deputy Registrar of the Supreme Court) is absent from the office of that Court the person for the time being acting as Deputy Registrar shall also act as the Clerk.
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The Court may prescribe rules of procedure and practice relative to all matters with which it has to do, and such rules shall be as valid as if incorporated with these regulations.
ENFORCEMENT OF AWARD, ETC.
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Application to the Court for the enforcement of any award, or order, or industrial agreement, may be in such of the forms numbered 22 and 23 in the Schedule hereto as is applicable thereto.
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Such application shall be filed in the office of the Clerk, and the applicant shall also lodge as many copies thereof as there are parties alleged to have committed breaches of the award, order, or industrial agreement. The Clerk shall indorse on each copy a memorandum signed by him setting forth the fact and date of the filing of the original, and shall then forthwith post one such copy by registered letter addressed to each of the aforesaid parties.
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Every certificate to be given by the Clerk under the provisions of section 94, subsection (5), of the said Act may be in the form numbered 24 in the Schedule hereto.
APPOINTMENT OF EXPERTS AS ASSESSORS.
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The nomination of an expert to sit as an Assessor with the members of a Board or Court, as provided in section 101 of the said Act, may be in the form numbered 25 in the Schedule hereto.
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Every expert so nominated shall, by writing under his hand either on the nomination-paper or separate therefrom, signify his consent to act as Assessor.
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The nomination-paper shall be lodged with the Clerk without fee.
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If any Assessor dies, resigns, or refuses to act, the party nominating him may forthwith appoint another expert in his place: Provided that the proceedings shall not abate or be affected by any such vacancy.
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The party or parties nominating an Assessor shall pay such Assessor’s fee.
FEES PAYABLE TO CLERK.
- The following fees shall be payable to the Clerk in respect of the matters referred to, and (in the first instance) by the person or party on whose application the matter referred to is done :—
Filing industrial agreement .. 5 0
Filing application to Board or Court .. 3 0
Filing any other document .. 3 0
Issue of a summons (including, in case of a Court summons, the seal of Court) .. 3 0
Affixing seal of Court .. 3 0
Certified copy of report or recommendation of Board .. 3 0
In procedure for obtaining evidence at a distance: The fees prescribed under “The Magistrates’ Courts Act, 1893.”
Award of Court (including seal) .. 10 0
Order of Court (including seal) .. 3 0
48. All such fees shall be prepaid in stamps.
FEES AND TRAVELLING-EXPENSES OF MEMBERS OF COURT AND BOARD.
- The fees payable to the President and other members of the Court of Arbitration shall be as follows :—
For every day actually engaged on the £ s. d.
business of the Court or in travelling to and from the place of sitting,—
President .. 2 2 0
Each other member present .. 1 10 0
In addition to the foregoing fees, the President shall be paid all expenses actually incurred by him while absent from home on the business of the Court; and each other member shall, in respect of his attendance at any sitting of the Court held so far from his home as to prevent his returning there at night, be paid twelve shillings for expenses for each day on which he is so prevented, and shall also be paid the expenses actually incurred by him in respect of fare or passage by rail, vessel, or coach.
- The fees payable to the Chairman and each member of the Board of Conciliation shall be as follows :—
For each day’s sitting of the Board in £ s. d.
the town in which he resides .. 1 1 0
Or, in cases where the sitting commences later than 5 o’clock in the afternoon, such less sum as the Minister of Labour deems reasonable, having regard to the circumstances of each case as it arises.
For each day’s absence from the town in which he resides, for the purpose of attending the sittings of the Board, including the day of departure but not the day of return .. 1 10 0
In addition to the foregoing fees, the cost actually paid or incurred in respect of fare or passage by rail, vessel, or coach to and from home, and also in respect of other expenses actually paid or incurred on the day of return, will in each case be paid.
SCHEDULE.
Form 1 (Reg. 1).
Under “The Industrial Conciliation and Arbitration Act, 1900.”
APPLICATION FOR REGISTRATION.
PURSUANT to the provisions of “The Industrial Conciliation and Arbitration Act, 1900,” we hereby make application for the registration under that Act of the [Wellington] Branch of the [Bootmakers’] Society [or the Council of the (Bootmakers’) Union of New Zealand, or otherwise, as the case may be] as an industrial union [or as an industrial association] under the name of “The [Wellington Bootmakers’] Industrial Union of [Workers]” [or “The (Bootmakers’) Industrial Association of (Workers)”].
We enclose herewith—
(a.) A list of the members and officers of the society [or A list of the members and officers of the Council (or other body) and of the Industrial Unions of Workers represented by it].
(b.) Two copies of the rules of the society [or Council, or other body].
(c.) A copy of a resolution passed by a majority of the members present at a general meeting of the society [or Council, or other body] specially called in accordance with the rules for that purpose only, and desiring registration as an industrial union [or association].
Dated at , this day of , 19 .
A. B.,
[Name of office] of the said society [or Council].
C. D.,
[Name of office] of the said society [or Council].
To the Registrar of Industrial Unions.
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✨ LLM interpretation of page content
👷
New Regulations under the Industrial Conciliation and Arbitration Act, 1900
(continued from previous page)
👷 Labour & Employment14 March 1901
Witness summons, Service of documents, Clerk duties, Court of Arbitration, Board of Conciliation, Enforcement of awards, Assessor appointments, Fees, Travel expenses, Industrial unions
👷 Schedule of Forms under the Industrial Conciliation and Arbitration Act, 1900
👷 Labour & EmploymentApplication for registration, Industrial union, Rules submission, Member list, Resolution, Registrar
- A. B, Named as officer in sample application form
- C. D, Named as officer in sample application form
- Registrar of Industrial Unions
NZ Gazette 1901, No 28