Dec. 23.] THE NEW ZEALAND GAZETTE. 3269

Regulations under “The Government Accident Insurance Act, 1908.”

PLUNKET, Governor.

ORDER IN COUNCIL.

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

Present:

THE HONOURABLE J. CARROLL PRESIDING IN COUNCIL.

WHEREAS by the thirtieth section of “The Government Accident Insurance Act, 1908” (hereinafter referred to as “the said Act”), it is, among other things, enacted that the Governor may from time to time, by Order in Council, make regulations for the purposes following:—

(a.) For directing the use of tables fixing the rates of premium to be charged in connection with accident-insurance contracts;

(b.) For defining the nature and extent of the risks to be covered under contracts entered into by the Commissioner under the said Act; and

(c.) Generally for the purpose of carrying the said Act into effect, and providing for the efficient administration thereof, and the proper conduct of the accident-insurance business:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in exercise and pursuance of the powers and authorities vested in him by the said Act, and of all other powers and authorities in this behalf vested in him, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke all existing rules and regulations made under the Acts consolidated by “The Government Accident Insurance Act, 1908,” and in lieu thereof doth hereby make and prescribe the rules and regulations set forth in the First Schedule hereto: Provided that such revocation shall not be deemed to alter or affect any contract, act, matter, or thing duly made in accordance with and subject to such revoked rules and regulations.

And, in further exercise and pursuance of the powers and authorities aforesaid, and by and with the like advice and consent as aforesaid, His Excellency doth hereby order and direct that the rates in the several tables set forth in the Second Schedule hereto shall be the rates to be used for the purposes of the particular classes of policies referred to in the said tables, until other provision is lawfully made in that behalf.

And, lastly, in exercise and pursuance of the powers and authorities aforesaid, and by and with the like advice and consent aforesaid, His Excellency doth hereby order that this present Order in Council shall take effect on and after the first day of January, one thousand nine hundred and nine.

FIRST SCHEDULE.

INTERPRETATION.

1. In these rules and regulations, if not inconsistent with the context,—

“Accident” means accident resulting in loss of life or in bodily injury by violent, accidental, external, and visible means, not self-inflicted, and in the case of an employer’s policy, or a mortgagee’s insurance policy, includes diseases arising out of employment under section 10 of “The Workers’ Compensation Act, 1908.”

“Accidental death” means death as the direct result of accident, happening within three calendar months from the occurrence of the accident.

“Agent” means a person duly appointed under these rules and regulations to receive proposals for the purposes of the said Act and these rules and regulations.

“Commissioner” means the Government Insurance Commissioner appointed or holding office under “The Government Life Insurance Act, 1908.”

“Department” means the Government Insurance Department of the General Government of New Zealand, carrying on the business of insurance under the authority of “The Government Life Insurance Act, 1908,” and the said Act.

“Employer’s policy” means a policy which indemnifies the employer against risks for which he is liable under “The Workers’ Compensation Act, 1908,” and at common law, subject to such limitations and restrictions as may be contained in such policy.

“Minister” means the person for the time being holding the office of Minister of Finance, and includes any member of the Executive Council from time to time having charge of the Government Insurance Department on his behalf.

“Mortgagee’s insurance policy” means a policy which indemnifies the mortgagee against the liability of charges under section 41 of “The Workers’ Compensation Act, 1908,” having priority over the mortgage as the result of an accident causing personal injury or death to a worker.

“Permanent general disablement” means the permanent disablement of the assured (when such disablement is a continuation of temporary total disablement, and arises from the same accident), but does not relate to injuries which occasion permanent partial disablement or permanent total disablement as defined by these rules.

“Permanent paralysis” means complete and permanent paralysis of all the limbs caused by disease.

“Permanent partial disablement” means the loss by physical separation, within three calendar months from the occurrence of an accident, of one hand or one foot, or the complete and irrecoverable loss, within the said period, of the sight of one eye, as the result of such accident.

“Permanent total disablement” means the loss by physical separation of both hands or both feet, or a hand and a foot, or the complete and irrecoverable loss of sight of both eyes, or the loss of one hand or one foot accompanied in either case with the total and irrecoverable loss of sight of one eye, as the result of an accident: Provided that such loss of sight or limb take place within three calendar months from the occurrence of such accident.

“Personal accident-insurance policy” means a policy which indemnifies the person insured against the result of an accident happening to him-self, or against disease, subject to such limitations and restrictions as may be contained in such policy.

“Railway accident” means an accident to a railway-train or other land conveyance using steam, electricity, or cable as the motive power in which the person insured is at the time travelling as an ordinary passenger.

“Temporary partial disablement” means that the injury sustained by the person insured is not such as to occasion permanent total or permanent partial disablement, or to occasion or continue to occasion temporary total disablement, but the direct effect thereof, independently of all other causes, is (either originally from the date of such injury or after the recovery of the assured from temporary total disablement as the result of the same injury) to partially disable him so that he is unable to perform one or more important daily duties pertaining to his occupation.

“Temporary total disablement” means that the injury sustained by the person insured is not such as to occasion permanent total or permanent partial disablement, but the direct effect thereof, independently of all other causes, is such as to necessarily, immediately, and continuously totally disable and prevent him from attending at his place of business or to business of any kind.

“Total blindness” means total and irrecoverable blindness of both eyes caused by disease.

PLACE OF BUSINESS.

2. The office of the Commissioner shall be in the Government Insurance Buildings, situated on the Customhouse Quay, in the City of Wellington, which is hereby appointed for that purpose.

APPOINTMENT OF AGENTS.

3. The Commissioner may from time to time, with the previous consent of the Minister, appoint agents to receive proposals for any contracts authorised by the said Act, and to such extent as they are authorised by their letters of appointment, to receive any premiums or payments to the Department in respect of such contracts, and to give valid and sufficient receipts for the same; and may from time to time, with such consent as aforesaid, revoke or alter such appointments.

POSTMASTERS MAY BE AGENTS.

4. The Postmaster at any post-office may, with the previous consent of the Postmaster-General, and subject to the like limitation, be appointed by the Commissioner as an agent for all or any one or more of the purposes mentioned in the immediately preceding regulation, and to receive and pay moneys under the said Act.

AGENTS’ AUTHORITY LIMITED.

5. Agents shall have no authority to enter into, alter, or discharge contracts made under the said Act or under these regulations, or in any way bind the Commissioner, other than as such agents are specially empowered so to do by their letters of appointment or by these rules and regulations.

FORM OF MAKING PROPOSALS.

6. Any person desiring to enter into any contract under the said Act (herein referred to as “the proposer”) shall make his proposal for the same in a form applicable thereto, and shall make and sign such declaration or declarations in connection therewith prior to the issue of the policy, or on any renewal thereof, as the Commissioner may require.

POLICY TO BE ISSUED.

7. Upon payment of the premium payable in respect of any proposal accepted by the Commissioner, the Commis-