1998
THE NEW ZEALAND GAZETTE.
[No. 75

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

(20.) The preceding provisions shall apply separately to the election of a member of the Board by the officers of the Postal Branch and by the officers of the Telegraph Branch respectively.

PROCEDURE FOR APPEALS.

38. The Governor-General shall from time to time appoint one of the persons appointed under paragraph (a) of section 15 (2) of the said Act to be Chairman of the Board.

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

40. 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.

41. The minute-book shall be in the custody of the Chairman, and shall be at all times open to inspection by the Secretary of the Department.

42. The Board shall meet at such time or times and in such place or places as may be fixed by the Secretary of the Department.

43. In case of an appeal under the said Act the appellant shall, within thirty days after the decision appealed against has been notified to him, forward to the Secretary, in duplicate, his case on appeal, setting out concisely the grounds of his dissatisfaction with that decision.

44. The Secretary shall, as soon as may be convenient, forward the appeal, together with his answer thereto, to the Chairman of the Board of Appeal. If in such answer the Secretary consents to the appeal being allowed, the Board may decide accordingly without calling for the attendance of the appellant.

45. If in any case the Secretary is of opinion that no ground of appeal exists he shall forward the notice of appeal to the Board with an intimation to that effect, setting out his reason or reasons for such opinion, and if the Board concurs in such opinion the appellant shall be notified accordingly. If in any such case the Board considers there is a ground of appeal, then the matter shall be referred to the Solicitor-General for an opinion.

46. The Chairman shall, as soon as practicable after the receipt of an appeal, forward to the appellant the answer of the Secretary, and a notification of the time and place fixed for the hearing of the appeal, which time shall be, if practicable, at least ten days after the day such notice is posted to the appellant. If the appellant or his representative fails to appear at the hearing the Board may determine the appeal in his absence on such evidence as is available. If he appears, the evidence shall be taken in his presence or in the presence of his representative or both.

47. An appellant shall be entitled to be present at the hearing of his appeal.

48. The Board of Appeal may, at the request of the appellant, allow any person to appear before them on his behalf.

49. A record of all evidence taken on any appeal shall be kept by the Board, and a copy thereof forwarded to the Secretary.

50. The Department shall be represented by the Secretary, or by a senior officer of the Department nominated by the Secretary.

51. (1.) Where the evidence of witnesses 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 undue expense in travelling to appear before the Board of Appeal, the Chairman may appoint a competent person or persons to take the evidence of such witnesses concerning the matter of appeal.

(2.) The scale of allowances which may be paid to any witness summoned by the Board in respect of his travelling-expenses and maintenance during his absence from his usual place of residence shall be the same as that allowed under the regulation for travelling-allowances.

52. The elected members of the Board and the officer appointed as Secretary to the Board may be paid such travelling-allowances as the Secretary of the Department thinks fit.

53. If any officer interviews or communicates with any member of the Board, either directly or indirectly, in reference to any appeal which such officer has made, or may be about to make, such appeal shall not be considered by the Board.