1062

THE NEW ZEALAND GAZETTE.

[No. 48

18. If there are any other respondents the claimant shall in like manner give notice of his acceptance to those respondents; and if they or any of them are willing to accept the sum paid into Court in satisfaction of such compensation as aforesaid, they shall in like manner give notice of their acceptance to the Clerk and to the claimant and the other respondents.

19. The notice required by Regulations 16, 17, and 18 to be sent to the Clerk and to the respondent shall in each case be sent within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of the notice of submission by the respondent under Regulation 14 permits.

20. If the claimant is the injured worker, and elects to accept in satisfaction of his claim the weekly payment submitted to by the respondent, or if in any other case the claimant and all the other respondents give notice of their acceptance of the sum paid into Court, the following provisions shall apply:—

(1.) Where the respondent submits to an award for the payment of a weekly sum, the Court may forthwith make an order directing payment of such weekly sum accordingly.

(2.) Where the respondent has paid money into Court, further proceedings against such respondent shall be stayed, except as hereinafter mentioned.

(3.) If the claimant and the other respondents agree as to the apportionment and application of such sum, the Court may, on application made on behalf or with the consent of all such parties, forthwith make an award for such apportionment and application.

(4.) In any other case the arbitration may proceed as between the claimant and the other respondents.

(5.) In any such case the Court may in its discretion by its award order the respondent filing notice of submission or paying money into Court to pay such costs as the claimant and the other respondents or any of them have properly incurred before the receipt of notice of submission to an award or payment into Court.

21. In default of notice of acceptance by the claimant and all the respondents the arbitration may proceed, but if no greater weekly payment or compensation is awarded than that which the respondent has submitted to pay or has paid into Court, such respondent shall not be liable to pay any further costs than he would have been ordered to pay if the weekly payment offered or sum paid into Court had been accepted; and the Court may order any costs incurred by the respondent after notice of submission or payment into Court to be paid by any party who has not given notice of acceptance, and may order such costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to him.

AWARD.

22. (1.) The award of the Court shall be in writing under the seal of the Court, and signed by the President, and filed.

(2.) The award shall be in one of the forms 12 to 14 in the Schedule hereto, or as near thereto as the circumstances of the case admit.

(3.) A copy of the award shall be served on all persons affected thereby.

COSTS.

23. The Court shall in each case determine the amount of the costs to be paid by any party to the arbitration, and to whom the same shall be paid, and shall embody in its award such direction as to the payment of costs as it thinks fit.

24. Where a worker submits himself for examination to a medical referee under clause 5 of the Second Schedule to the Act, and the certificate of the referee is used in any subsequent proceedings, any reasonable travelling and other expenses incurred by the worker in attending the referee for examination or in obtaining such certificate may (if not otherwise provided for) be allowed as costs in the arbitration.

ENFORCING PAYMENT.

25. When a party liable to pay compensation or costs under any award makes default in payment of the amount awarded, or, where payment is to be made by instalments, of any instalment, payment may be enforced in the following manner:—

(1.) On application by the party entitled to payment (in the Form 15 in the Schedule hereto) the Clerk shall issue a certificate (in the Form 16 in the Schedule hereto), under his hand and sealed with the seal of the Court, stating the amount payable and the respective persons to whom the same is payable.

(2.) That certificate may be filed in any Court of competent jurisdiction, and shall thereupon be enforceable as a final judgment in such Court.

(3.) Where such sum is not payable into Court the party applying for the certificate shall satisfy the Clerk, by affidavit or otherwise, as to the amount in payment of which default has been made.

PARTIES TO ARBITRATION.

26. (1.) An application on behalf of the dependants of a deceased worker for the settlement by arbitration of the amount payable as compensation to such dependants shall be made by the legal personal representative (if any) of the deceased worker.

(2.) If there is no legal personal representative the application may be made by the dependants themselves.

(3.) If there is any conflict of interest between the dependants themselves, the application may be made by the legal personal representative on behalf of some only of such dependants, or, if there is no legal personal representative, then by some only of such dependants, the other dependants in either case being named as respondents.

(4.) In this regulation, “dependants” includes persons claiming to be dependants.

27. (1.) In any case where the amount of the compensation is agreed upon or ascertained, but a question arises as to who are dependants, or as to the amount payable to each dependant, it shall not be necessary to make the employer a respondent if he pays the compensation agreed on or ascertained, but otherwise he shall be a respondent.

(2.) If at any time before the hearing the employer, being a respondent, pays the amount of compensation agreed on or ascertained into Court, to be dealt with as the Court directs, further proceedings against him shall be stayed.

APPLICATION TO SUSPEND PAYMENTS.

28. (1.) In case a worker is entitled to weekly payments under the Act, and refuses, when required by the employer, to submit himself to an examination by a qualified medical practitioner, or in any way obstructs the same, application may be made to the Court in the Form 17 in the Schedule hereto to suspend the weekly payments awarded to that worker until such examination takes place.

(2.) The application must be served on the other party at least five clear days before the day fixed for the hearing.

APPLICATION TO REVIEW OR REDEEM WEEKLY PAYMENT.

29. (1.) Either the employer or the worker may, at any time after the making of the award and while weekly payments are payable under the award, apply to the Court in the Form 18 in the Schedule hereto for review of the weekly payments under clause 7 of the Second Schedule to the Act.

(2.) An application by the employer to redeem the weekly payments under clause 8 of the Second Schedule to the Act may be made in a similar manner as in the case referred to in the last preceding paragraph of this regulation.

(3.) In either case the application must be served on the other party at least five clear days before the day fixed for the hearing.

EMPLOYER’S SCHEME FOR COMPENSATION.

30. (1.) Application to the Board of Conciliation under section 14 of the Act may be made by lodging with the Clerk a copy of the scheme for compensation, together with an application in the Form 19 in the Schedule hereto.

(2.) On the consideration of the application the Board may require the attendance of the employer, or of any of the workers of that employer, and may examine them as to such scheme.

(3.) The Board may, after due consideration of the scheme, issue a certificate under the hand of the Chairman that such scheme is on the whole not less favourable to the general body of workers and their dependants than the provisions of the Act, or they may refuse to issue a certificate.

(4.) Such certificate may be in the Form 20 in the Schedule hereto.

ENFORCING CHARGE ON PROPERTY.

31. (1.) The charge created by section 18 of the Act may be enforced by sale of the property subject to the charge, at such times, in such manner, and subject to such conditions as the Court awarding compensation or damages orders.

(2.) For the purposes of this regulation the Court may make orders from time to time, either on its own motion or on the application of the party entitled to compensation.

GENERAL.

32. The practice and procedure of the Court of Arbitration (including the payment of fees), as prescribed by the Industrial Arbitration Act, shall, subject to the provisions of the Act and these regulations, apply in all proceedings under the Act.