942
THE NEW ZEALAND GAZETTE.
[No. 25

COPY OF REPORT WHEN CERTIFICATE AFFECTED.

18. Where the certificate of a master, mate, or engineer has been cancelled or suspended, the Minister shall, on application by any party to the proceedings, give him a copy of the report made to the Minister.

APPEALS.

19. Every appeal under section 243 of “The Shipping and Seamen Act, 1903,” shall be conducted in accordance with the conditions and regulations following, namely:—

(a.) The appellant shall, within the time hereinafter mentioned, serve on such of the other parties to the proceedings as he may consider to be directly affected by the appeal notice of his intention to appeal, and shall also, within two days after setting down the appeal, give to the said parties notice of the general grounds of the appeal.

(b.) Notice of appeal shall be served either within twenty-eight days from the date on which the decision is pronounced, or within twenty-one days from the date on which the report is issued in print by the Minister.

(c.) If the appeal is brought by any party other than the Minister, the appellant shall, before the appeal is heard, give such security, if any, by deposit of money or otherwise, for the costs to be occasioned by the appeal as the Court from whose decision the appeal is brought on application made to him for that purpose may direct.

(d.) The appellant shall, before the expiration of the time within which notice of appeal may be given, leave with the officer for the time being appointed for that purpose by the Court of Appeal a copy of the notice of appeal, and the officer shall thereupon set down the appeal by entering it in the proper list.

(e.) The Court of Appeal shall be assisted by not less than two Assessors, to be selected from persons approved from time to time by the Minister, as Assessors for the purpose of formal investigations into shipping casualties under “The Shipping and Seamen Act, 1903.”

(f.) The Court of Appeal may, if it thinks fit, order any other person, other than the parties served with the notice of appeal, to be added as a party or parties to the proceedings for the purposes of the appeal, on such terms with respect to costs and otherwise as the Court of Appeal may think fit. Any party to the proceedings may object to the appearance on the appeal of any other party to the proceedings as unnecessary.

(g.) The evidence taken before the Court from whose decision the appeal is brought shall be proved before the Court of Appeal by a copy of the notes of the Court, or of the shorthand-writer, clerk, secretary, or other person authorised by him to take down the evidence, or by such other materials as the Court of Appeal thinks expedient; and a copy of the evidence, and of the report to the Minister containing the decision from which the appeal is brought, and of the notice of the general grounds of the appeal, shall be left with the officer for the time being appointed for that purpose by the Court of Appeal before the appeal comes on for hearing. For the purpose of this rule, copies of the notes of the evidence, and of the report, shall be supplied to the appellant, on request, by the Court or person having charge thereof on payment of the usual charge for copying.

(h.) The Court of Appeal shall have full power to receive further evidence on questions of fact, such evidence to be either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner. Evidence may also be given with special leave of the Court of Appeal as to matters which have occurred since the date of the decision from which the appeal is brought.

(i.) The Court of Appeal shall have power to make such order as to the whole or any part of the costs of and occasioned by the appeal as the Court may think just.

(j.) Subject to the foregoing provisions of this rule, every appeal shall be conducted under and in accordance with the general rules and regulations applicable to ordinary proceedings before the Court of Appeal; but there shall not be anything in the nature of pleadings other than the notice of the general grounds of the appeal, except by special permission of the Court of Appeal.

(k.) On the conclusion of an appeal the Court of Appeal shall send to the Minister a report of the case in such form as the Court of Appeal may think fit.

REHEARINGS BY ORDER OF THE MINISTER.

20. (a.) Where the Minister directs a rehearing, under section 243 of “The Shipping and Seamen Act, 1903,” he shall cause such reasonable notice to be given to the parties whom he considers to be affected by the rehearing as the circumstances of the case may, in his opinion, permit.

(b.) The provisions distinguished as (e), (f), (g), (h), (i), (j), and (k) of the last foregoing rule shall apply to a rehearing as if it were an appeal, and as if the Court or authority before whom the rehearing takes place were the Court of Appeal.

APPOINTMENT OF ASSESSORS.

21. Subject to these rules Assessors for investigations into shipping casualties shall be appointed from the list of Assessors approved by the Minister.

22. If any investigation involves or appears likely to involve the cancelling or suspension of the certificate of a master, mate, or engineer, there shall be appointed from the list of Assessors not less than two Assessors.

23. Subject to any special appointment or appointments which the Minister may think it expedient to make in any case where special circumstances appear to him to require a departure from these rules (the requirements of the last preceding rule being always complied with), Assessors shall be appointed as follows:—

(1.) Where the investigation involves or appears likely to involve the cancelling or suspension of the certificate of a master or mate, but not of an engineer, at least two Assessors shall be appointed who are master mariners.

(2.) Where the investigation involves or appears likely to involve the cancelling or suspension of the certificate of a master or mate of a sailing-ship, one at least of the Assessors shall be a master mariner who has had command of a sailing-ship; and where the investigation involves or appears likely to involve the cancelling or suspension of the certificate of a master or mate of a steamship, one at least of the Assessors shall be a master mariner who has had command of a steamship.

(3.) Where the investigation involves or appears likely to involve the cancelling or suspension of the certificate of an engineer, one at least of the Assessors shall be an engineer holding an engineer’s certificate of the first class.

24. The Collector shall inform the Minister when Assessors are required, and shall state from which of the aforesaid classes Assessors ought, in his opinion, to be appointed.

25. An appointment made by the Minister of any Assessor or Assessors for an investigation shall not be open to question on the ground that it was not in accordance with these rules, or does not give full effect to the requirements of these rules.

COMPUTATION OF TIME.

26. In computing the number of days within which any act is to be done they shall be reckoned exclusive of the first and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, or Good Friday, or on a day appointed for a public fast or thanksgiving or holiday, in which case the time shall be reckoned exclusive of that day also.

SERVICE OF NOTICES.

27. Any notice, summons, or other document issued under these rules may be served by sending the same by registered letter to the address of the person to be served.

28. The service of any notice, summons, or other document may be proved by the oath or affidavit of the person by whom it was served.

PUBLICATION OF RULES.

29. A copy of these rules shall be kept at every Custom-house and mercantile marine office in New Zealand, and any person desiring to peruse them shall be entitled to do so.

APPENDIX.
PART I.
FORMS.

The following forms shall be used, as far as possible, with such alterations as circumstances may require, but no deviation from the prescribed forms shall invalidate the proceedings, unless the Court shall be of opinion that the deviation was material:—

No. I.—Notice of Investigation.

To , master, mate, engineer, owner, &c., of
or belonging to the ship “ ,” of .

I hereby give you notice that a formal investigation has been ordered into the circumstances attending the