Dec. 23.] THE NEW ZEALAND GAZETTE. 3265

number corresponding with that on the list. The number shall be written in the left-hand bottom corner of the paper by the Returning Officer, and the corner folded and gummed down before being sent out.

12. All ballot-papers shall be transmitted by post on or before the day of election to the Returning Officer at Wellington, and must reach him not later than 5 o’clock p.m. on the day of the election.

13. No officer shall in any case be compelled to record his vote, but the ballot-paper must be sent to the Returning Officer in all cases where a vote is not exercised.

14. Any candidate may withdraw, but not later than five clear days before the day of polling, by giving or transmitting to the Returning Officer a notice in the form of a letter witnessed by a classified officer of the Department.

15. The Returning Officer shall forthwith publish such notice in such manner as he deems best calculated to give full publicity to the same, and shall omit or erase from the ballot-papers the name of every candidate whose name is withdrawn.

16. Immediately after the last day fixed for the receipt at Wellington of ballot-papers, the Returning Officer shall forthwith, in the presence of the Scrutineers, proceed to ascertain the total number of votes recorded for each candidate, and the Returning Officer shall cause the result to be published in the Official Circular, and shall declare the Postal candidate obtaining the majority of votes and the Telegraph candidate obtaining the majority of votes duly elected. The voting-papers shall, after counting, be enclosed in a sealed packet, and be retained by the Returning Officer. They shall not be opened unless a scrutiny is demanded, when such scrutiny shall be conducted by the Returning Officer and the two Scrutineers. The papers shall remain in the Returning Officer’s custody for two months, and shall then be destroyed. If a scrutiny is demanded, application therefor must be made in writing to the Returning Officer within fourteen days after publication of the result as aforesaid.

17. Whenever there is an equality of votes at the election, and the addition of one vote will entitle any of the candidates to be elected, the Returning Officer shall himself record such additional vote.

Board of Appeal.

18. The Board shall, subject to the provisions of these regulations, consider any appeal made by any officer, as defined by “The Post and Telegraph Act, 1908,” who is on the permanent staff of the Post and Telegraph Department, in reference to his or her classification or status. It shall not be competent for the Board to consider any appeal made by any officer on behalf of any officer other than himself, or on behalf of any section, class, or group of officers, whether the section, class, or group comprises himself or not.

19. No appeal shall be referred to the Board of Appeal which purports to take exception to any act otherwise constituting a ground of appeal if such act was done at a time earlier than one year and three months before the date fixed for the next meeting of the Board of Appeal.

20. The members of the Board (other than the elective members thereof) shall be such fit persons as the Governor from time to time by Warrant under his hand appoints.

21. The Chairman of the Board of Appeal shall be such non-elective member of the Board as the Governor from time to time appoints in that behalf: Provided that in the absence of the Chairman from any meeting the members present shall elect one of their number to act as chairman at that meeting. The member so selected shall, where practicable, be a non-elective member.

22. The Chairman of the Board shall have a casting-vote as well as a deliberative vote.

23. The Board of Appeal shall keep a minute-book, in which the official proceedings of the Board shall be recorded.

24. The minutes of each meeting shall be confirmed at the next subsequent meeting of the Board, and when confirmed, shall be signed by the Chairman.

25. The minute-book shall be in the custody of the Chairman, and shall be forwarded by him to the Minister with the report on each appeal dealt with by the Board.

26. The minute-book shall at all times be open to the Minister’s inspection.

27. The Board shall meet in Wellington at such time or times as may be fixed by the Minister, who also shall notify, in the Official Circular, within what period appeals shall be lodged prior to any sitting of the Board.

28. In the event of the death, removal, suspension from office, or retirement of either of the elected members of the Board, his office shall become vacant, and a member shall be elected in his place with all reasonable speed; and every such election shall be conducted as nearly as may be in the same manner as in the case of the vacating member. The time and place of election shall be fixed by the Minister.

29. With respect to every appeal the following provisions shall apply:—

(1.) Every appeal shall be commenced by notice of appeal addressed to the Secretary.

(2.) Such notice shall be in the form of an ordinary letter or such other form as is prescribed by the Minister.

(3.) The appeal shall be in the form of a case stated setting out the matter in respect of which the appeal is made, being in every case a matter personally affecting the appellant himself, which he has submitted to the Department for redress. The case shall also set out copies of the correspondence between the appellant and the Department showing the appellant’s application for redress and the Department’s reply thereto.

(4.) The appeal shall be written on the printed form supplied by the Department, and shall set forth the particulars specified in such printed form; otherwise the Board may decline to entertain the appeal. It shall be posted within twenty-one days from the receipt of the Department’s reply to the notice of appeal, and shall be forwarded to the Board under cover to the Secretary at Wellington.

(5.) The Board shall decline to hear any appeal which does not comply with the foregoing conditions.

30. If any officer of the Department interviews or communicates with any member of the Board (either directly or indirectly) in reference to any appeal which such officer has made, or may be about to make, such appeal shall not be considered by the Board.

31. No frivolous appeal, nor any appeal preferred with the intention of damaging the character of an officer, will be entertained; and the Board shall be the sole judge of the fact in either of such cases.

32. On the hearing of an appeal the Board shall not hear any evidence of which the Department has not had reasonable notice; but the Board, if it thinks fit, may adjourn the consideration of the appeal to enable notice to be given.

33. No officer shall be permitted to be represented by counsel, solicitor, or agent before the Board.

34. No remuneration other than travelling-allowance not exceeding that which would be paid if the officer were travelling on departmental business shall be made to any member of the Board.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations under Section 3 of “The Local Bodies’ Loans Act, 1908,” and its Amendment.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of December, 1908.

Present:

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

IN pursuance and exercise of the powers in this behalf conferred by “The Local Bodies’ Loans Act, 1908,” and “The Local Bodies’ Loans Amendment Act, 1908” (section seventeen), His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the regulations set forth hereunder for the purpose of the said Acts, namely:—

REGULATIONS.

(1.) The special roll of the ratepayers in the rating-area for a loan under “The Local Bodies’ Loans Act, 1908,” shall be prepared from the existing valuation roll by the local authority applying for the loan, and shall be in the form, and shall contain the particulars specified, in the Schedule hereto.

(2.) The special roll shall be deposited for public inspection at the office of the local authority for not less than seven days prior to the poll of the ratepayers being taken, and notice thereof shall be published on the first day of such deposit for at least two consecutive days thereafter in some newspaper or newspapers circulating in the district within which the rating-area is situated.

(3.) Any ratepayer who objects to any matter or thing contained in the said roll, and who desires that such objection shall be heard or considered, shall forward notice thereof in writing to the local authority within seven days after the last day on which the roll was deposited as aforesaid. Such notice shall be in duplicate, and shall state fully the grounds of objection and also the full name and address of any objector.

(4.) The local authority shall cause to be prepared a list of all objections (if any) to the said roll, and such list shall state the name and address of the objector, his number on