3624
THE NEW ZEALAND GAZETTE.
[No. 87

division, branch, and Island, to be a member of the Appeal Board for such Island.

(8.) Should only one member be nominated for one elective seat on either Board, that member shall be declared to be duly elected.

(9.) Should there be more than one member nominated for any one seat on either Board, a ballot shall be taken.

(10.) The Returning Officer for the election shall be the Chief Clerk, New Zealand Railways, Wellington, or other person for the time being performing the duties of such Chief Clerk. The General Manager shall appoint two scrutineers for each election, one from each division.

(11.) As soon as possible after the date for receiving nominations is past the Returning Officer shall cause ballot-papers, in the form or to the effect following, to be printed and supplied to every member :-

ELECTION of a Member of Division to act as the Representative of on the Board of Appeal for the Island constituted under the Government Railways Act, 1908.

Candidates for election :-
JONES, JOHN, Porter, Remuera.
ROBINSON, GEORGE, Guard, Auckland.
SMITH, WILLIAM, Shunter, Frankton.

Directions.—The voter can only vote for one candidate. The voter is to strike out with pen and ink or pencil the name of every candidate for whom he does not intend to vote. The voter must take care not to leave uncancelled the names of more than one candidate, or this paper will be invalid. The gummed corner containing the voter’s number should be gummed down, and the ballot-paper forthwith transmitted to the Returning Officer on or before [Here insert date].

(12.) The voter’s name must not be written on the voting-paper.

(13.) The ballot-paper shall contain a list of all the persons validly nominated in the division or branch and for the Island to which the voter to whom it is sent belongs (and of no other surnames), arranged alphabetically in the order of their surnames. Each paper shall have a number corresponding with that on the list. The number shall be inserted in the bottom corner of the paper before being sent out by the Returning Officer.

(14.) The ballot-paper will be sent to each member whose name appears on the list, and each member shall, immediately on receiving the ballot-paper, sign the receipt-form provided for the purpose.

(15.) All ballot-papers shall be transmitted by post or otherwise to the Returning Officer at Wellington, in envelopes which will be provided for the purpose, and must reach him not later than the ordinary course of post computed from the day after the polling-day.

(16.) No member shall in any case be compelled to record his vote, and no member shall be canvassed for votes, nor shall any candidate or other person acting on behalf or in the interest of any candidate attempt to influence voters by circular or otherwise. Any breach of this regulation shall be met by the disqualification of the candidate in whose interest the canvass is made, unless such candidate proves that he did not instigate or in any way approve of or countenance such canvass.

(17.) In the event of the candidate on whose behalf any such canvass has been made being elected, his election shall be declared void, and a special election shall ensue in accordance with subclause (5) of this regulation, for which the lists prepared for the original election shall be deemed to be the list of voters for the special election.

(18.) Any candidate who is disqualified under subclause (16) shall be debarred from seeking re-election at the ensuing special election.

(19.) Immediately after the last day fixed for the receipt at Wellington of ballot-papers, the Returning Officer shall, in the presence of the scrutineers, proceed to ascertain the total number of votes recorded for each candidate; and the Returning Officer shall cause the result to be published in an official circular, and shall declare the candidates obtaining the majority of votes in the respective divisions or branches in the respective Islands duly elected. The voting-papers shall, after being counted, be enclosed in a sealed packet, and be retained by the Returning Officer. They shall not be opened unless a scrutiny be demanded, when such scrutiny shall be conducted by the Returning Officer and the two scrutineers. The papers shall remain in the Returning Officer’s custody for two months, and will then be destroyed. If a scrutiny be demanded, application therefor must be made in writing to the Returning Officer by not less than seven voters within fourteen days after the publication of the results aforesaid.

(20.) Whenever there is an equality of votes at the election, and the addition of one vote will entitle any of the candidates to be elected, the Returning Officer shall himself record such additional vote.

(21.) In the event of any dispute or question arising as to the meaning of the regulations, or any portion thereof, for the conduct of elections of Appeal Boards, the same shall be referred to the Minister for determination, and his decision shall be final and conclusive.

131. Appeals shall be heard at such convenient times and places as the Board may determine. Every appeal shall be instituted by the appellant by notice in writing addressed to the Minister forwarded under cover to the General Manager, and shall be in the following form :-

I hereby give notice of appeal against on the following grounds , and ask that the undermentioned members be allowed to appear to give evidence on my behalf at the hearing of this appeal, and that Mr. appear as advocate on my behalf before the Board.

Signature :
Occupation :
Station :

(1.) Should any member directly or indirectly approach, interview, or communicate with any member of the Appeal Board relative to an appeal of which notice is contemplated or has been given, and before the hearing of such appeal, such appeal or notice thereof shall be rendered invalid and shall not be heard.

(2.) Members of the Board shall be paid such reasonable travelling-expenses, and be accorded such facilities for attending the sittings of the Board, as the Minister may determine.

(3.) Where notice of appeal has been lodged and a person, whether a party to such appeal or not, shall—
Be resident more than twenty miles from the place of the sittings of the Board where the hearing of the appeal is appointed to be held, or
Be about to go and remain beyond such distance until after the hearing—
the party desiring to use the evidence of himself or of such person at the hearing may give notice of such desire to the Minister. Such notice shall specify the name of every person intended to be examined.

(4.) Immediately upon receiving such notice the Minister may appoint a Stipendiary Magistrate to take such evidence, or may fix a time and place for such examination, and shall transmit a copy of such notice of appointment, with a memorandum of the time and place appointed for the taking of such examination, to the Stipendiary Magistrate.

(5.) Notice of the intention to hold such examination, and of the time and place of holding the same, shall forthwith be given to the party against whom such evidence is intended to be used.

(6.) Notices to witnesses to attend such examination, and to produce books, papers, documents, and writings, may issue, and the procedure of such examination shall be the same in all respects as if such examination were the hearing of an appeal, except as may be otherwise prescribed by regulations from time to time.

(7.) All evidence given at such examination shall be taken on oath, or, if the witness so desires, on affirmation, reduced to writing, and signed by the Magistrate before whom it is taken, and by the persons giving such evidence respectively, and such writing shall be forwarded by the Magistrate to the Chairman of the Appeal Board, together with all books, documents, papers, writings, and things admitted in evidence, or copies thereof respectively.

(8.) The costs of such examination, together with the allowances for witnesses, shall be fixed by the Magistrate on the same scale as is allowed by the Appeal Board.

(9.) Such costs and allowances, as fixed by the Magistrate, will be dealt with by the Board as if the same had been incurred at the hearing.

(10.) Every person giving evidence at such examination shall be deemed to have given his evidence in such appeal; and in any appeal it shall be sufficient to allege that such examination was held under the provisions of the Government Railways Act, 1908, and the evidence of any person given at such examination, and having been signed by the Magistrate, shall be judicially noticed by the Appeal Board without any further proof.

General.

132. Nothing in these regulations contained shall affect the probationary conditions subject to which members or persons were admitted into the service of the Department prior to the date of these regulations.

133. All departmental regulations and instructions in force at the coming into operation of these regulations are hereby revoked or modified in so far as they are in conflict with these regulations.

J. F. ANDREWS,
Clerk of the Executive Council.

By Authority: JOHN MACKAY, Government Printer, Wellington.