May 16.] THE NEW ZEALAND GAZETTE 1061

Notice of Application to proclaim Waimumu Stream, together with all its Tributaries, Watercourses for the Deposit of Tailings, &c.

RANFURLY, Governor.

IN pursuance of the powers vested in him by section one hundred and nine of “The Mining Act, 1898,” His Excellency the Governor hereby notifies that application has been made to him to constitute and set apart by Proclamation the watercourse the name, locality, and description whereof are set forth in the Schedule hereto, to be a watercourse into which may be discharged any tailings, débris, and waste water produced by or resulting from mining operations carried on under the said Act.

Any person who objects to such Proclamation being made, or whose land, or riparian or other rights in respect of such land, will be damaged or injuriously affected by the operation thereof, is required to serve on the Minister of Mines, within the period of ninety days after the publication hereof in the Gazette, full particulars of such objection, and also a claim in the prescribed form setting forth full particulars of all compensation that will be claimed by him in the event of such Proclamation being made.

No person will be entitled to any compensation for damage or injury consequent on the operation of such Proclamation unless his claim is duly served in the manner and within the period aforesaid.

SCHEDULE.

SOUTHLAND LAND DISTRICT.

THAT stream known as the Waimumu Stream, which flows southerly from its source in Section No. 311, Hokonui Survey District, for a distance of about thirteen miles to its confluence with the Mataura River, together with the tributaries thereof.

Dated at Wellington, this seventh day of May, one thousand nine hundred and one.

JAMES McGOWAN,
Minister of Mines.

Regulations under “The Workers’ Compensation for Accidents Act, 1900.”

RANFURLY, Governor.

IN exercise of the powers conferred upon him by “The Workers’ Compensation for Accidents Act, 1900,” His Excellency the Governor of the Colony of New Zealand doth hereby, for the purposes of that Act, make the regulations hereinafter set forth :—

REGULATIONS.

APPLICATION FOR ARBITRATION.

1. An application for the settlement of any question under section 8 of “The Workers’ Compensation for Accidents Act, 1900” (hereinafter referred to as “the Act”), shall be made by the claimant filing with the Clerk of Awards of the Arbitration Court (hereinafter called “the Clerk”) an application for arbitration.

2. Particulars shall be appended to the application containing—
   (1.) A concise statement of the circumstances under which the application is made, and the relief or order claimed ;
   (2.) The date of service on the employer of notice of the accident, or, if no notice has been served, the reason for such omission ; and
   (3.) The full names and addresses of the respondents.

3. The application shall be according to such of the forms 1 to 4 in the Schedule hereto as may be applicable, with such modifications as the nature of the case requires.

4. The claimant shall deliver to the Clerk with the application three copies thereof for the use of the Arbitration Court and a copy for each respondent to be served.

5. Every party, other than the claimant, whose presence at the arbitration may be necessary to enable the Court effectively and completely to adjudicate upon and settle all the questions involved shall be made party to the application, and is herein included in the expression “respondent.”

6. Where the claimant is illiterate and unable to furnish the required information in writing, the request and particulars and copies shall be filled up by the Clerk.

FIXING DATE OF HEARING.

7. (1.) On the filing of an application for arbitration the Clerk shall transmit a copy of the request and particulars to the President of the Arbitration Court, who shall, as soon as conveniently may be, appoint a day and hour for proceeding with the arbitration.
   (2.) Such day shall be so fixed as to allow the copies of the application to be served on the respondents at least fourteen days before the hearing.

NOTICE OF DAY FIXED.

8. (1.) On the day for proceeding with the arbitration being fixed, the Clerk shall give or send by post notice in writing to the claimant as in Form 5 in the Schedule hereto.
   (2.) He shall also issue under the seal of the Court the copies of the application for service on the respondents, together with notice signed by himself and under the seal of the Court as in Form 6 in the Schedule hereto.

SERVICE ON RESPONDENTS.

9. The copies and notices mentioned in the last preceding regulation may be served—
   (1.) By an officer of the Court ; or, at the request of the claimant or his solicitor,
   (2.) By the claimant himself ; or
   (3.) By the claimant’s solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them.

10. Service may be effected in the same manner as notice of an injury is directed to be served by section 13 of the Act.

ANSWER BY RESPONDENTS.

11. If any respondent—
    (1.) Desires to disclaim any interest in the subject-matter of the arbitration ; or
    (2.) Considers that the claimant’s particulars are in any respect incorrect or incomplete ; or
    (3.) Desires to bring any fact or document before the Court ; or
    (4.) Intends to rely on the fact that notice of the accident was not served in accordance with section 12 of the Act ; or
    (5.) That the claim for compensation was not made within the time limited by the said section ; or
    (6.) Intends to deny (wholly or in part) his liability to pay compensation under the Act,—
    he shall, five clear days at least before the day fixed for proceeding with the arbitration, file with the Clerk an answer in Form 7 in the Schedule hereto, or as near thereto as the circumstances will admit.

12. Such respondent shall, with his answer, file three copies thereof for the Court, and one copy for the claimant and for each of the other respondents, and the Clerk shall within twenty-four hours after receiving such copies transmit them by post to the President of the Court, the claimant, and the other respondents respectively.

13. Subject to any answer so filed, the claimant’s particulars and, in the case of a claim for compensation, the liability to pay compensation under the Act shall be taken to be admitted :
    Provided that the Court may, in case of non-compliance with Regulation 11 and on such terms as it thinks fit, either proceed with the arbitration and allow the respondent to avail himself of any matter of which he should, pursuant to that regulation, have given notice by filing an answer, or adjourn the arbitration to enable the respondent to file such answer.

SUBMISSION TO AWARD, OR PAYMENT INTO COURT.

14. Where a respondent from whom compensation is claimed admits liability, he may, at any time before the day fixed for proceeding with the arbitration,—
    (1.) Where the application is made by an injured worker, file with the Clerk a notice in the Form 8 in the Schedule hereto that he submits to an award for the payment of a specified weekly sum ; or
    (2.) Where the application is made on behalf of a deceased worker, or for the settlement of the sum payable in respect of medical attendance on and the burial of a deceased worker who leaves no dependants, pay into Court such sum as the respondent considers sufficient to cover his liability in the circumstances of the case.

15. The Clerk shall, within twenty-four hours from the time of any notice filed or payment made under the last preceding regulation, send notice thereof in the Form 9 or 10 in the Schedule hereto as the case requires, together with a copy of the notice filed, if any, to the claimant and to the other respondents, if any.

16. If the claimant is the injured worker, and elects to accept the weekly payment specified in the respondent’s notice in satisfaction of his claim, he shall send to the Clerk and to the respondent a written notice in Form 11 in the Schedule hereto stating such acceptance.

17. If the application for arbitration has been made on behalf of the dependants of a deceased worker, or for the settlement of the sum payable in respect of medical attendance and burial as aforesaid, and the claimant is willing to accept the sum paid into Court in satisfaction of the compensation payable to the dependants, or in respect of such medical attendance and burial (as the case may be), he shall send to the Clerk and to the respondent a written notice in the Form 11 in the Schedule hereto of such acceptance.