✨ Court Rules and Fees
728 THE NEW ZEALAND GAZETTE. [No. 19
(a.) By a member of his family:
(b.) By a person in the permanent and exclusive employment of such party:
(c.) In the case of a company or corporation, by a director or by the secretary or any other officer, or the attorney thereof, or by any person in the permanent and exclusive employment of the company or corporation.
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No person other than a barrister or solicitor of the Supreme Court shall be entitled to have or recover any fee or reward for acting or appearing for any person in any action or other proceeding in the Court under the Act.
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An action shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties if the cause of action survives or continues, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite; and in any such case the Court or the Judge thereof may order any such change of parties as is necessary or advisable for the complete settlement of all the questions involved in the action.
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Where the Court or the Judge thereof has power under the Act or these Rules to make any order on application made for that purpose, the application may, in the absence of anything to the contrary in the Act or Rules, be made by any person interested, whether directly or indirectly, in the order applied for, and whether or not he is a party to the action (if any) in which the application is made.
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Application to the Judge of the Court under section fifty-eight of the Act may be made by any person interested by filing in the office of any Clerk of Awards a copy of the scheme for compensation, together with an application in writing for the certificate of the Court.
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A certificate granted by a Judge of the Supreme Court under section forty-six of the Act may be in the Form No. 15 in the Schedule hereto, and shall be delivered to the Clerk of Awards of such industrial district as the said Judge directs.
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Sections one hundred and fourteen to one hundred and nineteen of the Industrial Conciliation and Arbitration Act, 1908, shall extend and apply to proceedings before the Court or the Judge thereof under the Workers’ Compensation Act, 1908, in the same manner as to proceedings before the Court under the first-mentioned Act. Except so far as a contrary intention is expressed or implied in the Workers’ Compensation Act, 1908, or in these Rules, the remaining provisions of the Industrial Conciliation and Arbitration Act, 1908, and its amendments, and of the regulations for the time being in force thereunder with respect to the procedure of the Court, shall have no application to proceedings in the Court under the Workers’ Compensation Act, 1908.
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Where the forms in the Schedule hereto are directed or authorised to be used, such variations may be made therein as the circumstances of any particular case require.
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All statements of claim and of defence, judgments, orders, notices, and summonses in an action or other proceeding shall be properly intituled in the Form No. 1 or in the Form No. 2 in the Schedule hereto.
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All moneys paid to the Public Trustee under section thirty-one of the Act shall form part of the common fund under the Public Trust Office Act, 1908, and shall be invested and dealt with accordingly, subject, however, to any order made from time to time by the Court in that behalf.
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The following fees shall be payable to medical referees out of moneys appropriated by Parliament for that purpose under section fifty-two of the Act:—
(a.) For a report under subsection two of the said section (including any medical examination), one guinea.
(b.) For an examination ordered by the Court under subsection three of the same section, one guinea. -
If the Court is of opinion that in any particular case the foregoing remuneration is insufficient, the remuneration may be increased to such sum not exceeding four guineas as the Court thinks fit.
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A certificate of all sums to which any medical referee is entitled under the foregoing rules shall be given to the referee under the hand of the Registrar of the Court or the Clerk of Awards, who shall send a duplicate of every such certificate to the Minister of Labour.
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When a party to any action or other proceeding applies to the Court for the submission of any matter to a medical referee or for the examination of any person by a medical referee under section fifty-two of the Act, the Court may, if it thinks fit, in granting the application require the applicant to pay into Court by way of Court fees a sum not exceeding the estimated remuneration to which the medical referee will be entitled, and any sum so paid into Court shall be deemed to be part of the costs of the proceeding, and the Court may make any order in respect thereof accordingly.
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The remuneration of a medical referee for any certificate given by him under subsection four of section fifty-two of the Act (including his remuneration for any examination incidental to such certificate) shall be paid by the employer, and not out of the Consolidated Fund, and shall be such sum as is agreed upon between the employer and the medical referee, not exceeding in any case the sum of two guineas.
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For the purposes of the Act and these Rules the seal of the Court shall be in the custody of every Clerk of Awards, and may be affixed by a Clerk of Awards to any document required or authorised by these Rules to be sealed with the seal of the Court.
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Non-compliance with any of these Rules shall not render the proceedings in which such non-compliance has occurred void, unless it is expressly so provided by these Rules; but such proceedings may be set aside, either wholly or in part, as irregular, or amended or otherwise dealt with in such manner and on such terms as the Court or the Judge thereof may deem just.
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If any case arises for which no form of procedure has been provided by these Rules, the Court or the Judge thereof shall dispose of that case as nearly as may be in accordance with any of these Rules which affect any similar case, or if there are no such rules, in such manner as the Court or Judge deems best calculated to promote the ends of justice.
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Rules and Fees for Industrial Conciliation and Arbitration Court Proceedings
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⚖️ Justice & Law EnforcementCourt rules, Industrial Conciliation and Arbitration Act, Workers' Compensation Act, Service of documents, Fees, Medical referees, Public Trustee, Legal representation
NZ Gazette 1909, No 19