Court of Arbitration Rules




Mar. 6.] THE NEW ZEALAND GAZETTE. 727

  1. Where such service is impracticable, the Judge of the Court may, on affidavit showing the circumstances of the case and the necessity, give special directions as to service or publication in lieu thereof.

  2. Where any document is to be filed with or delivered to the Clerk of Awards under these Rules, that document may be so filed or delivered by leaving it at the office of the Clerk of Awards or by sending it by post addressed to the Clerk of Awards at his office.

  3. Where any document is under these Rules to be sent to any person by the Clerk of Awards, the document may be served in manner provided by Rules 179 to 181, or may be sent by post, addressed to that person or his solicitor at any place at which the document might be left or delivered in accordance with those rules.

  4. Where a document is served by post it shall, unless the contrary is proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of the document it shall be sufficient to prove that it was properly addressed and posted.

MISCELLANEOUS.

  1. Where an action is brought for the recovery of compensation for the death of a worker the Court may, in the judgment in that action or in any subsequent order made on the application of the plaintiff or any dependant or person claiming to be a dependant, allot the compensation among the dependants of the deceased, although those dependants are not parties to the proceedings; but the Court may in any such case before making such allotment require notice of the proceedings to be given to any dependant or to any person claiming to be a dependant.

  2. Where an application is made to the Court under section thirty-five of the Act for the allotment of compensation among the dependants of a deceased worker, or under section twenty-eight or section thirty-three of the Act for the variation or setting-aside of an order with respect to dependants, the Court may make an order accordingly, although the dependants are not parties to the application; but the Court may in any such case before making the order require notice of the application to be given to any dependant or to any person claiming to be a dependant.

  3. Every judgment or order given or made by the Court or the Judge thereof shall be prepared and settled by the Registrar of the Court, and shall be signed by the Judge, and shall bear the seal of the Court, and shall be filed with the Clerk of Awards of the industrial district in which the action or other proceeding was instituted.

  4. The Judge of the Court shall have power at any time to correct any clerical error or omission in any judgment or order of the Court or the Judge thereof.

  5. The Court or the Judge thereof shall have power either before, at, or after the trial of any action, or the hearing of any application, to amend or waive all defects and errors in the proceedings, whether there is anything in writing to amend by or not, and whether the defect or error is that of the party applying to amend or not.

  6. All such amendments shall be made with or without costs and on such terms as the Court or the Judge thinks fit, and all amendments shall be made that may be necessary for the purpose of determining the real controversy between the parties.

  7. The Court or the Judge thereof shall have power to enlarge or abridge the time appointed by these Rules or fixed by any order enlarging time for doing any act or taking any proceeding, on such terms (if any) as the justice of the case may require; and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed.

  8. Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the office of the Clerk of Awards is closed, and by reason thereof such act or proceeding cannot be done or taken on that day, such act or proceeding shall, so far as regards the time of doing or taking the same, be held to be duly done or taken if done or taken on the day on which that office is next open.

  9. The presence of the Judge and at least one other member shall be necessary to constitute a sitting of the Court; and the decision of a majority of the members present at a sitting of the Court, or if the members present are equally divided in opinion, then the decision of the Judge shall be the decision of the Court.

  10. On the hearing of any application by the Judge of the Court he may adjourn the hearing thereof to such place and time as he thinks fit.

  11. If at the time and place fixed for the hearing of any application by the Judge of the Court the Judge is not present, the hearing of the application may be adjourned by the Registrar of the Court or by the Clerk of Awards to such place and time as he thinks fit.

  12. The Court may be adjourned from time to time and from place to place in manner following:—

(a.) By the Court or the Judge at any sitting thereof, or if the Judge is absent from the sitting, then by any other member present, or if no member is present, then by the Clerk of Awards; and

(b.) By the Judge at any time before the time fixed for the sitting.
  1. All the powers and jurisdiction vested in the Court or in the Judge thereof by the Act or by these Rules may be exercised in any part of New Zealand.

  2. No Court fees shall be payable in respect of any proceedings in the Court of Arbitration under the Act.

  3. A party to any action or other proceeding in the Court of Arbitration under the Act may appear in person or by a barrister of the Supreme Court.

  4. By leave of the Court or the Judge thereof, as the case may be, any such party may appear—



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 19





✨ LLM interpretation of page content

⚖️ Court of Arbitration Rules on Service, Filing, and Procedure (continued from previous page)

⚖️ Justice & Law Enforcement
Court of Arbitration, Rules, Service of documents, Filing, Procedure, Judgments, Orders, Amendments, Time limits, Court sittings, Jurisdiction, Court fees, Legal representation