Education Regulations




APRIL 13.] THE NEW ZEALAND GAZETTE. 1047

employed at the time of his dismissal, suspension, or transfer, and shall
forward to him such copy (or, as the case may be, the appellant's copy
of the notice of appeal), with instructions to convene the Court for the
purposes of the appeal.

(3.) WITNESSES.

  1. (a.) A summons to a witness shall be in duplicate, in the form num-
    bered 5 in the Schedule hereto. Both duplicates shall be signed by a
    member of the Court, who shall retain one, and issue the other for service
    by the applicant. 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.
    (b.) Any number of witnesses may be included in one summons, but
    the copy served need only contain the name of the witness upon whom it
    is served.
  2. Witnesses' expenses shall be according to the scale for the time
    being in force in the Magistrate's Court.
  3. If any witness fails to attend in terms of a summons under these
    regulations he shall be liable to a penalty of £10.

(4.) PROCEEDINGS BEFORE COURT OF APPEAL.

  1. The respondent Board shall state its case, and adduce its evidence
    in support thereof. When all its evidence has been called its case shall be
    closed.
  2. When the respondent Board has closed its case the appellant shall
    state his case, and adduce his evidence in support thereof. When all his
    evidence (if any) has been called his case shall be closed.
  3. Neither party shall address the Court after his evidence has been
    called or his case closed.
  4. The foregoing provisions notwithstanding, the Court may, on the
    hearing of any case on appeal, take such additional evidence, either by way
    of rebuttal or otherwise, as it may consider necessary, and may direct such
    notice to be served by either of the parties on the other as the nature of
    such evidence may require.

(5.) GENERAL.

  1. The Court shall hear and determine the appeal at such convenient
    place and time as the Chairman appoints in that behalf, the time being
    not later than fourteen days after the receipt by him of the Minister's
    instructions as aforesaid.
  2. At least three days' previous notice of such place and time shall
    be given to the parties and also to the members of the Court by the Chairman.
  3. Where an appeal is duly lodged by a teacher against the decision of
    a Board to transfer him from one school to another, the decision of the
    Board shall not take effect before the expiration of fourteen days after the
    receipt by the appellant teacher of the decision of the Court of Appeal
    confirming the proposed transfer.
  4. The costs awarded by the Court may include payments by way of
    honorarium to the members of the Court other than the Chairman, at a rate
    not exceeding two pounds for each such member for each day of hearing.
  5. The Court—
    (a.) May waive any technical error or defect in the proceedings:
    (b.) May adjourn its sittings from time to time :
    (c.) Shall take evidence on oath, to be administered by any member of
    the Court :
    (d.) Shall not be bound by the strict rules of evidence :
    (e.) Shall conduct its proceedings in public or (with the consent of both
    parties) in private :
    (f.) Shall hear and determine the appeal according to equity and good
    conscience.
  6. Subject to the said Act and these regulations, the Court may regulate
    its own procedure.

SCHEDULE.
Form 1 (Reg. 1).
Under Part XI of the Education Act, 1914.
APPLICATION FOR REGISTRATION.

PURSUANT to the provisions of the Education Act, 1914, we hereby make
application for the registration under that Act of a society named the [Name
of the society].



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1916, No 43


NZLII PDF NZ Gazette 1916, No 43





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🎓 Regulations for Teachers Incorporation and Court of Appeal (continued from previous page)

🎓 Education, Culture & Science
10 April 1916
Regulations, Teachers Incorporation, Court of Appeal, Education Act 1914