Jan. 24.] THE NEW ZEALAND GAZETTE. 239

and eighty-two, registered at the Land Registry Office at Auckland, No. 77952, on the fifth day of October, one thousand eight hundred and eighty-two”:

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and in exercise of the powers conferred by the above-in-part-recited Act, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby approve the said resolution.

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SCHEDULE.

Those streets in the Mount Albert District, in the Auckland Land District, County of Eden, known as Victoria Avenue and Albert Avenue; as the same are shown on plan marked R. 7900, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and coloured green thereon.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

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Making Regulations under “The Habitual Drunkards Act, 1906.”

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-first day of January, 1907.

Present:

THE HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section six of “The Habitual Drunkards Act, 1906” (hereinafter termed “the said Act”), it is provided that the Governor may from time to time, by Order in Council gazetted, make regulations—

(a.) For the inspection and visitation of institutions in which persons are detained under the said Act;

(b.) For the good conduct and discipline of persons so detained;

(c.) Prescribing punishments for breaches of any such regulations or of any by-laws made by the governing authority of any institution;

(d.) Prescribing what breaches of regulations or by-laws may be punished by the governing authorities of institutions;

(e.) Generally for the efficient carrying-out of the said Act:

And whereas it is expedient to make the regulations set out in the Schedule hereto:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the said Act, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the regulations set out in the Schedule hereto, and doth declare that such regulations shall come into force on the day of the publication thereof in the New Zealand Gazette, and doth further declare that such regulations shall apply to every institution under the said Act.

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SCHEDULE.

REGULATIONS.

INTERPRETATION.

1. IN these regulations, if not inconsistent with the context,—

“ Institution” means an institution authorised to receive and detain habitual drunkards under “The Habitual Drunkards Act, 1906”:

“ Inmate” means a person detained in an institution:

“ Manager” means the person for the time being in charge of an institution:

“ Minister” means the Minister of Justice.

NOTICE TO MINISTER.

2. Whenever any person is committed to an institution, notice of such committal shall be sent to the Minister by the Magistrate who makes the order of committal.

REGISTERS.

3. The Manager shall keep a Register of Admissions and Discharges in such form as is directed by the Minister; and whenever an inmate is discharged notice thereof shall at once be sent to the Minister by the Manager.

INSPECTION AND VISITATION.

4. The Minister may appoint suitable persons to be Inspectors of Institutions, and any such appointment may be made either generally as to all institutions or specifically as to any one or more specified institutions. Such Inspectors shall at all times have free access to all parts of the institution and to all persons detained therein. They shall see as far as possible that the regulations are duly carried out, but shall not, except as hereinafter provided, give any order or interfere with the management or discipline of the institution. They shall report to the Minister any matter or thing in connection with the institution which in their opinion requires to be remedied, amended, or altered.

Every Stipendiary Magistrate shall, by virtue of his office, be an Inspector of Institutions.

GOOD CONDUCT AND DISCIPLINE.

5. Inmates are to pay implicit obedience to all lawful commands they may receive, and they are at all times to pay proper respect to all persons placed in authority over them.

6. Any inmate who commits any of the offences mentioned below may be punished by an Inspector who is also a Stipendiary Magistrate. Such punishment may be any one or more of the following, viz.:

(a.) Withdrawal of tobacco or extras:

(b.) Confinement to a room or cell for a period not exceeding three days:

(c.) Placing upon a special scale of diet inferior to that in general use.

The Inspector as aforesaid shall inquire fully into each case before ordering any punishment. A record of all punishments shall be kept in a book to be provided for the purpose.

Offences Punishable under this Regulation.

Disobedience of regulations or by-laws.

Common assaults on officers or other inmates.

Profane cursing and swearing.

Indecent behaviour.

Irreverent behaviour at Divine service.

Insulting or threatening language.

Idleness or negligence at work.

Obstructing any officer of the institution.

Disobedience to lawful orders.

Disrespect to the Inspector, Manager, or officers.

Committing a nuisance.

Marking, defacing, or damaging the property of the institution.

Making an unnecessary noise.

Secreting or purloining anything.

Any other misconduct subversive of the order and discipline of the institution.

7. Any inmate who commits any of the offences mentioned below may be brought before a Stipendiary Magistrate, and upon summary conviction of such offence may be sentenced to a term of imprisonment, with or without hard labour, for any period not exceeding six months, and on the expiration of such sentence shall be returned to the institution to complete the term for which he was originally committed.

Offences punishable under this Regulation.

Personal violence to any officer or inmate.

Escaping or attempting to escape.

Aggravated or repeated assault.

Repetition of any offence punishable under Regulation No. 6 after having been twice previously punished for an offence punishable under that regulation.

Wilfully destroying the property of the institution, or breaking windows.

Making any disturbance when undergoing punishment.

Any other act of gross misconduct or insubordination.

LETTERS.

8. Any letter written by an inmate addressed to a Minister of the Crown, a Judge of the Supreme Court, or a Stipendiary Magistrate shall be forwarded unopened. All other letters shall be submitted for the perusal of the Manager, who may refuse to forward the same, provided that any such refusal shall be immediately reported to the Minister by the Manager.

All letters addressed to inmates shall be opened by the Manager.

J. F. ANDREWS,
Acting Clerk of the Executive Council.