Factory and Workers' Compensation Regulations




JUNE 17.] THE NEW ZEALAND GAZETTE. 1607

Regulations under “The Factories Act, 1908.”

PLUNKET, Governor.

IN pursuance and exercise of the power and authority conferred by “The Factories Act, 1908,” His Excellency the Governor of the Dominion of New Zealand doth hereby revoke Regulation No. 6 made under “The Factories Act, 1901,” and its amendments, on the twentieth day of February, one thousand nine hundred and eight, and published in the New Zealand Gazette of the twenty-seventh day of February, one thousand nine hundred and eight, and in lieu thereof doth hereby make the regulation following, viz.:

  1. The notice required to be exhibited under section 17 of “The Factories Act, 1908,” shall be in the form marked E in the Schedule hereto.

———

SCHEDULE.

Form E.

[Coat of Arms.]

NEW ZEALAND.

“The Factories Act, 1908,” Section 17.

Name and address of the Inspector of the district:

Name and address of the medical authority (if any) for the district:

Official address of local authority:

  • Holidays of factory: Christmas Day, New Year’s Day, Good Friday, Easter Monday, Labour Day, the Sovereign’s birthday; and also every Saturday (or other day as may be decided under section 36) from 1 o’clock p.m.

Working-hours of factory:

Statement of procedure required to be observed in order to claim compensation under the Workers’ Compensation Act. (See form of statement attached hereto.)

, Occupier of Factory.

NOTE.—“The Factories Act, 1908,” section 38, provides as follows:—

“(1.) Wages for each whole or half holiday shall, in the case of each boy under eighteen years of age or woman, be at the same rate as for ordinary working-days, and shall be paid at the first regular pay-day thereafter.

“(2.) This section shall apply to every boy under eighteen years of age or woman who is paid by time-wages, whatever the time, and has been employed in the factory for at least twenty days during the four weeks next preceding the whole holiday, or for at least five days during the month next preceding the half-holiday, whether such employment has been on consecutive days or not, and whether the person employed has been continuously in the service of the occupier or not.”

———

  • For boys under eighteen years of age and women.

———

STATEMENT SHOWING THE PROCEDURE FOR THE PURPOSE OF CLAIMING COMPENSATION UNDER “THE WORKERS’ COMPENSATION ACT, 1908.”

  1. Notice of Accident. (Section 24.)

To be in writing and served on the employer, or one of them, if there is more than one, by delivering, or posting it in a registered letter, as soon as practicable, giving—

(1.) Name and address of person injured,

(2.) Cause of injury, and

(3.) Date and place thereof.

(Notice is not required in the case of the death of the worker.)

  1. Claim for Compensation. (Sections 21 and 25.)

If the claim is not settled by agreement, proceedings must be commenced by the issue of a writ of summons (Form No. 3)* by the worker, or, in the case of death, by his representative on behalf of the dependants, or by the dependants, or any one or more of them on behalf of all of them, in accordance with the regulations.

The action must be commenced within six months after the date of accident, or, in case of death, within six months after date of death, or if any payment of compensation or damages is made by the employer, or if he signs an admission of liability, action may be commenced within six months from the date thereof.

Failure to commence action within the specified time shall be no bar, however, if the Court is of opinion that there has been reasonable cause for same.

As witness the hand of His Excellency the Governor, this twenty-first day of May, one thousand nine hundred and nine.

A. W. HOGG,
Minister of Labour.

  • NOTE.—A copy of the regulations and the necessary forms can be obtained from the nearest Clerk of Awards or Inspector of Factories.

———

Regulations under “The Factories Act, 1908.”

PLUNKET, Governor.

IN pursuance and exercise of the powers and authority conferred by “The Factories Act, 1908,” His Excellency the Governor of the Dominion of New Zealand doth hereby revoke the regulations made under “The Factories Act, 1901,” on the twentieth day of February, one thousand nine hundred and eight, and published in the Gazette of the twenty-seventh day of February then instant, prescribing the form of statement of procedure required to be observed in order to claim compensation for accidents, and in lieu thereof doth hereby make the regulations and prescribe the form of statement hereinafter set forth.

———

REGULATIONS.

THE occupier of every factory shall at all times cause to be exhibited and maintained in some conspicuous place at or near the entrance of the factory, and in such other parts thereof as the Inspector from time to time directs, and in such a position as to be easily read by the persons employed in the factory, a statement in the following form:—

STATEMENT SHOWING THE PROCEDURE FOR THE PURPOSE OF CLAIMING COMPENSATION UNDER “THE WORKERS’ COMPENSATION ACT, 1908.”

  1. Notice of Accident.

Section 24.

To be in writing and served on the employer, or one of them, if there is more than one, by delivering or posting it in a registered letter, as soon as practicable, giving—

(1.) Name and address of person injured,

(2.) Cause of injury, and

(3.) Date and place thereof.

(Notice is not required in case of the death of the worker.)

  1. Claim for Compensation.

Section 21.

If the claim is not settled by agreement, proceedings must be commenced by the issue of a writ of summons by the worker (Form No. 3), or, in the case of death, by his representative on behalf of the dependants, or by the dependants, or any one or more of them on behalf of all of them, in accordance with the regulations.

Section 25.

Action must be commenced within six months after the date of accident, or, in case of death, within six months after date of death, or if any payment of compensation or damages is made by the employer, or if he signs an admission of liability, action may be commenced within six months from the date thereof.

Failure to commence action within the specified time shall be no bar, however, if the Court is of opinion that there has been reasonable cause for same.

As witness the hand of His Excellency the Governor, this eleventh day of June, one thousand nine hundred and nine.

A. W. HOGG,
Minister of Labour.

NOTE.—A copy of the regulations and the necessary forms can be obtained from the nearest Clerk of Awards or Inspector of Factories.

———

Vesting Control of the Upper Gorge Bridge over the Manawatu River in the Pahiatua County Council, and apportioning the Cost of Maintenance.

———

PLUNKET, Governor.

WHEREAS by section one hundred and nineteen of “The Public Works Act, 1905” (hereinafter termed “the said Act”), it is, inter alia, enacted that the Governor may, upon the terms and conditions in the said section mentioned, by Warrant publicly notified, direct that any bridge already constructed, or which may hereafter be constructed, over or across any river or arm of the sea respectively shall, from and after a date to be fixed in such Warrant, be under the exclusive care, control, and management of such local authority as shall be mentioned in that behalf in such Warrant; and may by any such Warrant as aforesaid fix and determine whether all or any, and if so what part, of the cost, whether theretofore incurred or thereafter to be incurred, of maintaining, repairing, improving, or reconstructing any such bridge is to be provided and paid by the local authority or local authorities, and, if so, by what local authority or authorities; and may by any such Warrant as aforesaid direct how, when, and to whom any such payment is to be made:



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 49





✨ LLM interpretation of page content

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