✨ Court of Arbitration Regulations
June 13.] THE NEW ZEALAND GAZETTE. 1901
Act of 1911, in proceedings before the Court, shall be filed with the Clerk of Awards of the district in which the dispute is to be heard, together with as many copies as there are applicant parties, and three additional copies.
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The Registrar of the Court, or the Clerk of Awards for the district in the absence of the Registrar, shall attend all sittings of the Court. He shall keep the minutes of proceedings and the records of the Court, and perform all such duties and exercise all such functions as the Court may direct.
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Whenever the Deputy Registrar of the Supreme Court is also Clerk of Awards, and is absent from the office of that Court, the person for the time being acting as Deputy Registrar shall also act as the Clerk of Awards. (Prin. Act, secs. 34, 35, and 75; Am. Act, 1911, sec. 8.)
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Any party to a dispute who desires to appear before the Court of Arbitration by an agent shall file in the office of the Clerk a warrant in the form No. 14A. (Sec. 80.)
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Notice of consent by the parties to a dispute to the appearance of a barrister or solicitor before the Court of Arbitration shall be in the form No. 14B, and shall be filed in the office of the Clerk. (Sec. 80.)
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The nomination of an expert to sit with the members of the Court shall be in the form No. 14C, and shall be lodged with the Clerk. Every person so nominated shall, before the nomination is filed, by writing under his hand either on the nomination-paper or elsewhere, signify his consent to act.
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If any expert dies, resigns, or refuses to act, the party nominating him may forthwith nominate another expert in his place; provided that the proceedings shall not abate or be affected by any vacancy caused by such death, resignation, or refusal to act. The party or parties nominating an expert shall pay his fee. (Sec. 112.)
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The summons to a witness to give evidence before the Court of Arbitration shall be in duplicate in the form No. 15A.
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The Clerk shall sign both duplicates of every such summons, retaining one, and issuing the other for service by the applicant for the summons. Service shall be effected by delivering a copy to the witness, and at the same time producing the original for his inspection, if so desired.
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Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness on whom it is served. It shall be sealed and signed by the Clerk. (Sec. 83.)
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Application to join or strike out parties to a dispute before the Court shall be in the form No. 8A, with such modification (if any) as may be required. The applicant shall lodge with the Clerk as many copies as there are parties to be joined or struck out, together with six more copies. The Clerk shall thereupon post by registered letter to each party concerned a copy of the application, together with a notification in the form No. 16A; and shall also in due course give notice to each such party, in the form No. 12D, where and when the application will be heard. (Sec. 113.)
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Application to amend an award made by any party bound by such award shall be in the form No. 17A, and shall be filed with the Clerk of Awards for the district, together with as many copies thereof as there are other parties to the dispute and six more copies. (Secs. 92, 93.)
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Notice to the parties to the award of such application shall be in the form No. 17B, and shall be served by the Clerk, together with a copy of the application and a copy of the award. (Sec. 93.)
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Application to extend an award to other parties connected with or engaged in the same industry, or to add parties to an award, shall be in the form No. 18A or 18B, as the case may be, and shall be filed with the Clerk, together with as many copies of the application and of the award as the Clerk may require. (Prin. Act, secs. 92, 93, and 94; Am. Act, 1911, sec. 6.)
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Notice to the parties of such application shall be in the form No. 18C or 18D, as the case may be, and shall be served by the Clerk, together with a copy of the application and a copy of the award. (Prin. Act, secs. 93 and 94; Am. Act, 1911, sec. 6.)
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Application to the Court by any of the parties to an award to fix and determine what shall constitute a breach of such award shall be in the form No. 19A, and shall be filed with the Clerk, together with as many copies thereof as he may require. (Sec. 97.)
ACTION IN THE COURT OF ARBITRATION FOR BREACHES OF AWARDS, BREACHES OF INDUSTRIAL AGREEMENTS, STRIKES, AND LOCK-OUTS.
- (1.) An action in the Court of Arbitration by an Inspector of Awards to recover a penalty or penalties for any breach or breaches of an award or industrial agreement, or for an offence under sections 5 or 6 of the Amendment Act of 1908, shall be commenced by filing with the Clerk of Awards in the industrial district in which the cause of action has arisen a statement of claim in the form No. 20A or 20B, as the case may be, signed by the plaintiff or his solicitor.
(2.) Upon the filing of any such statement of claim the Clerk of Awards shall, by writing under his hand, notify the Judge of the Court of the filing of the document and of the nature of the claim.
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In addition to the statement of claim filed in pursuance of the last preceding regulation, there shall be lodged with the Clerk of Awards three copies for the members of the Court, and one copy for service on each defendant.
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When a date has been fixed by the Judge of the Court of Arbitration for the hearing of the action the Clerk of Awards shall send to each defendant a notice in the form No. 20C, and there shall be annexed to each such notice a copy of the statement of claim in the action. (Am. Act, 1908, sec. 21.)
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Unless within two clear days before the day of the hearing of the action the defendant delivers to the plaintiff or to the Clerk of Awards a notice of his intention to defend the action, he shall not be entitled to defend the same except with the leave of the Court, and the Court may, without hearing evidence, give judgment for the plaintiff. (Am. Act, 1908, secs. 15, 21.)
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Where the defendant has filed a notice of intention to defend, the Clerk of Awards shall give notice thereof to the plaintiff in the form No. 20D.
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When judgment is given in the Court of Arbitration in any action the Clerk of Awards shall issue to an Inspector of Awards a certificate of such judgment in the form No. 20E. (Am. Act, 1908, sec. 21.)
NOTICE OF JUDGMENT IN MAGISTRATE’S COURT.
- When judgment has been given in the Magistrate’s Court the Clerk of the Court shall give to an Inspector of Awards a notice of that judgment in the form No. 21A. (Am. Act, 1908, sec. 16.)
SUSPENSION OF REGISTRATION.
- Notice of suspension of the registration of an industrial union or association of workers shall forthwith be given by the Clerk of the Court (or Clerk of Awards) to the Registrar of Industrial Unions and to the union or association the registration of which is so suspended. The notice of suspension shall be in the form No. 22A. (Am. Act, 1908, sec. 10.)
ORDERS FOR ATTACHMENT OF WAGES.
- (1.) For the purposes of the attachment of wages in pursuance of section 20 of the Amendment Act of 1908, the following special provisions shall apply, and the procedure with respect to the attachment of debts prescribed by the Magistrates’ Courts Act, 1908, and the regulations in force thereunder, shall, so far as inconsistent with these special provisions, but not further or otherwise, be deemed to be modified accordingly in their application to the attachment of wages under the said section.
(2.) Application ex parte for an order of attachment of wages in pursuance of the said section may be made by the judgment creditor or his solicitor in the form No. 23A, and shall be filed with the Clerk of the Court. Every such application shall be supported by an affidavit in the form No. 23B.
(3.) On any such application an order for attachment of wages may be made in the form No. 23C.
(4.) If the employer against whom any such attachment order has been made makes default in paying any sum into Court in pursuance of the order, the Court may, on the ex parte application of the judgment creditor, give leave to the judgment creditor to sue the employer in the Magistrate’s Court for the recovery of any sum or sums in respect of which the employer has so made default.
(5.) Save in pursuance of a judgment obtained in any such action against the employer, no execution shall issue against the employer under any such order of attachment.
PAYMENT OF PENALTIES.
- On payment of any penalty into Court, the Clerk of the Court or Clerk of Awards shall forthwith pay the amount into the Public Account, and shall forward the
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Court of Arbitration Procedure and Forms
(continued from previous page)
👷 Labour & EmploymentIndustrial Conciliation and Arbitration Act, Court of Arbitration, Regulations, Procedures, Forms, Witnesses, Awards, Agreements
⚖️ Action in the Court of Arbitration for Breaches of Awards, etc.
⚖️ Justice & Law EnforcementCourt of Arbitration, Breaches of Awards, Industrial Agreements, Strikes, Lock-outs, Penalties, Statement of Claim, Inspector of Awards
⚖️ Notice of Judgment in Magistrate’s Court
⚖️ Justice & Law EnforcementMagistrate's Court, Judgment, Inspector of Awards
👷 Suspension of Registration of Industrial Unions
👷 Labour & EmploymentIndustrial Unions, Registration, Suspension, Clerk of Court, Registrar of Industrial Unions
⚖️ Orders for Attachment of Wages
⚖️ Justice & Law EnforcementAttachment of Wages, Judgment Creditor, Employer, Court Order, Default
💰 Payment of Penalties
💰 Finance & RevenuePenalties, Court, Public Account
NZ Gazette 1912, No 52