Public Service Regulations




988 THE NEW ZEALAND GAZETTE No. 27

established to his satisfaction that a vacancy does exist, shall direct
the Returning Officer to hold an election to elect a successor.

  1. The Returning Officer shall within seven days after receiving
    such direction appoint a day for holding the election, and publish
    notice thereof in the New Zealand Gazette. Such day of election shall
    not be earlier than twenty-eight days, nor later than thirty-five days,
    after such notice has appeared.

  2. The electoral list to be used at an extraordinary election shall
    be the same list as is used at an ordinary election, but the latter shall
    be revised and corrected so as to include only those officers who are
    in the Public Service one month before the day on which the extra-
    ordinary election is to be held.

  3. Candidates must be nominated in the same manner as is
    required for an ordinary election, and nominations must be received by
    the Returning Officer not later than seventeen days before the day of
    election.

  4. The election shall be carried out in the same manner as is
    provided for an ordinary election.

MEETINGS OF THE BOARD.

  1. The Board of Appeal shall keep a minute-book, in which the
    official proceedings of the Board shall be recorded.

  2. The minutes of each meeting shall be confirmed at the next
    subsequent meeting of the Board, and when confirmed shall be signed
    by the Chairman.

  3. The minute-book shall be in the custody of the Chairman.

  4. The minute-book shall be at all times open to the Commis-
    sioner’s inspection.

  5. The Board shall meet at such time or times and in such place
    or places as may be fixed by the Commissioner.

  6. At every sitting of the Board two members, of whom the
    Chairman must be one, shall form a quorum.

  7. The Chairman of the Board shall have a casting-vote as well
    as a deliberative vote.

  8. The determination by lot referred to in section 32, sub-
    section (2), of the said Act shall be made in the following manner:—
    The Chairman of the Board shall prepare two similar cards, on one
    of which shall be written the name of one of the two members, and on
    the other the name of the other member. Both cards shall be placed
    in some receptacle where they cannot be seen; the Chairman shall
    then draw one of the cards, and the name appearing on that card shall
    be the member to act in the particular appeal.

PROCEDURE ON APPEAL.

  1. With respect to every appeal the following provisions shall
    apply:—
    The officer shall within the time limited by the said Act notify the
    Commissioner of his intention to appeal to the Board of Appeal, and
    shall at the same time forward to the Commissioner, in duplicate,
    his case on appeal, setting out concisely the grounds of his dissatis-
    faction with the action appealed against.

The Commissioner, unless he is prepared without hearing evidence
to decide in favour of the appellant, shall, as soon as may be con-
venient, forward the appeal to the Chairman, together with his answer
to it, and fix a time and place for the consideration of the appeal.

  1. It shall not be necessary for the appellant or Commissioner
    to attend on the consideration of the appeal; but the Chairman of the
    Board may at any time summon any person whose evidence appears
    to be material to the determining of any appeal, and any person so
    summoned shall attend at such place and time as is specified in such
    summons, and produce any official or public books, documents, and
    writings in his custody and control which may be considered material
    to the appeal, and the Board may examine such person touching the
    matter to be investigated.

A record of all evidence taken shall be kept by the Board.

  1. Where the attendance of officers employed in remote localities
    is required, and where arrangements cannot conveniently be made for
    their attendance in person, or where they would be subjected to great
    expense in travelling to appear before the Board of Appeal, the
    Chairman may appoint a competent person or persons to take


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1913, No 27


NZLII PDF NZ Gazette 1913, No 27





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🏛️ Public Service Regulations: Part V - The Board of Appeal (continued from previous page)

🏛️ Governance & Central Administration
Public Service, Regulations, Board of Appeal, Elections, Nominations, Voting, Meetings, Procedure on Appeal