3276

THE NEW ZEALAND GAZETTE.

assigned to him to the best of his ability may be recommended
by such Controlling Officer to the Controller-General for
promotion to the Special Labour Grade." When promoted
to that grade he shall be allotted nine marks per day.
(e.) Cooks, cleaners, and others whose duties require them
to work for the greater part of each Sunday or holiday shall
be given the same number of marks for such days as they are
allotted for ordinary working-days.
(f.) Stablemen, drivers, dairymen, and others who are
required to work longer hours than those provided for in the
routine of any prison may be recommended to the Controller-
General for payment of overtime at the rate of 1d. per
hour for every full hour worked in excess of the routine
hours. All overtime is to be calculated on a weekly basis,
and in specially deserving cases the Controller-General may
award an extra gratuity in addition to the scale overtime
payment.
(g.) Prisoners who are absent from labour on account of
illness shall not be credited with marks carrying pay during
such absence. All such cases shall be reported to the
Controller-General by the Controlling Officer, who shall state
in his report whether the absentee from labour is deserving
of special consideration by way of allotment of pay marks
during the period of his illness. The Controller-General
shall then decide whether the whole or part of the pay marks
lost shall be restored to the absentee or not.
7. Upon the coming into force of these regulations all hard
labour prisoners, habitual criminals, and habitual offenders
who have served more than three months of their sentences,
and are considered by the Controlling Officers sufficiently able-
bodied and industrious to deserve payment, shall be paid the
commencing rate of 6d. per day. This rate shall be increased
as provided by regulation 6 hereof until the maximum rate
is reached. Prisoners serving sentences of reformative
detention shall continue to be paid the scale rate due to them
under the regulations hereby revoked until the 31st day of
January, 1921, when they shall be paid in accordance with
the scale prescribed by these regulations.
Visiting Justices.--Infliction of fines, &c.
8. Visiting Justices appointed under the Prisons Act, 1908,
in addition to or in lieu of any punishments they may impose
upon prisoners under that Act, may inflict such further
punishment for prison offences by way of fine or deprivation
of pay marks under these regulations as they deem fit,
provided that no fine so inflicted shall exceed the equivalent
of 120 marks. They may also, within their discretion,
reduce the daily marks that may be earned by an offender
for any period not exceeding one calendar month after the
date of conviction for the offence for which he is being
punished, provided that the daily marks shall not be reduced
to less than four.
PART III.
Payment of Daily Wages to Prisoners for the Support of
Dependants.
9. All able-bodied male prisoners with proved dependants
shall be paid, in addition to and exclusive of the industry and
conduct allowance provided for in Part II, a daily wage
which shall be used as the Minister directs towards maintaining
such dependants. Prisoners with dependants shall be known
as "wages-men."
10. Wages paid under this Part of the regulations shall be
assessed on a scale rate, and shall be allotted by means of
marks similarly to the payments made to all prisoners under
Part II. The rate for labourers shall be 1s. per mark.
Wages-men who are skilled in any trade or occupation on
reception, or who afterwards become so skilled, may be paid
a rate not exceeding 1s. 3d. per mark while employed at such
trade or occupation, but this rate shall not be paid without the
approval of the Controller-General. Officers when forwarding
their recommendations for the payment of the skilled rate
must state the degree of competency of each man so recom-
mended in his particular trade or occupation, and the pro-
portion of the additional rate to which he is entitled. No
overtime shall be allowed or paid for except with the written
consent of the Controller-General, and in no case shall pay-
ment for overtime be at a higher rate than 1s. per hour unless
the Minister's approval is obtained for the payment of an
additional sum as a reward for specially meritorious work.
11. No wages shall be paid to any wages-man until he has
served the first three months of his sentence and has passed
out of the probationary grade prescribed by regulations or
general orders made under the Prisons Act, 1908.
12. Wages-men who have served more than three months
of their sentences when these regulations come into force
shall be paid the initial rate of 1s. per day, with such incre-
ments thereafter as are prescribed for men commencing their
sentences.
13. Wages shall be credited to each wages-man in a separate
account from that in which his earnings under Part II are
entered. From the amount so credited there shall be deducted
half the sum earned each week to cover the cost of maintenance
and supervision, provided that the sum so deducted shall not
exceed half the ordinary labour rate of pay, and shall not
include any additional payment for skilled work or for over-
time.
14. The sum remaining at each man's credit at the end of
every calendar month shall be paid over to the dependants
during each succeeding month in such instalments, at such
intervals, and under such safeguards as to its proper and
economical use as may be directed by the Minister.
15. Wages-men, whether skilled or unskilled, shall be
allotted half marks and half the daily rate of pay on
Saturdays or other days when only half a day is worked.
On wet days or on occasions when for any reason work is
interrupted each prisoner or inmate who proceeds to labour
shall have his marks and therefore his pay reduced proportion-
ately according to the number of hours worked, provided
that in no case shall he be credited with less than one-quarter
of the total daily marks to which he is entitled for a full and
satisfactory day's work.
16. Wages-men who are absent from labour on account of
illness, accident, or other physical disability shall not be
credited with marks carrying pay during such absence. All
such cases shall be reported to the Controller-General by the
Controlling Officer, who shall state in his report whether the
absentee from labour is deserving of special consideration by
way of allotment of pay marks during the period of his illness.
The Controller-General shall then decide whether the whole
or part of the pay marks shall be credited to the absentee or
not.
17. The payment of wages under this part of the regulations
shall be governed by the same rules in regard to the allotment
of marks as those provided by regulation 6 of Part II.
18. Female prisoners with dependants may be paid wages
to such extent and under such terms and conditions as the
Minister shall direct.
19. Visiting Justices shall not impose as a punishment for
any offence the deprivation of any part of the wages already
earned by a wages-man, but if they deem such a punishment
necessary in the interest of the good government and discipline
of the prison or institution in which the offending prisoner is
confined they shall report the matter to the Controller-
General, with a recommendation as to the course that should
in their opinion be followed. The Controller-General shall
then exercise his discretion as to whether pay shall be stopped
or not.
Method of Payment of Earnings to Dependants.
20. The payment of prisoner's earnings to proved dependants
shall be made in such a manner and by such instalments
as the Minister of Justice directs. If any amount is standing
to a prisoner's credit after the full term of his sentence is
completed, the Minister may direct the payment of the balance
remaining to the prisoner himself or to his dependants, either
in a lump sum or in instalments, as he deems fit.
21. Accumulated earnings under Part II of these regulations
are subject to disposal by direction of the Minister in the
same way as are wages earned under Part III.
22. Moneys earned either under Part II or Part III of
these regulations may, if the Minister so directs, be paid
into the Post Office Savings-bank to the credit severally of
the prisoners confined in any prison or prison institution.
Every such account shall be a trust account in the name of
the Controlling Officer of the prison or institution, or other
authorized person.
F. D. THOMSON,
Clerk of the Executive Council.
The Southern Side of Portion of Park Street, in the City of
Wellington, exempted from the Provisions of Section 117 of
the Public Works Act, 1908, subject to a Condition as to the
Building-line.
JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Auckland, this 13th day of
December, 1920.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
IN pursuance and exercise of the powers conferred by the
Public Works Act, 1908, and the Public Works Amend-
ment Act, 1911, His Excellency the Governor-General of the
Dominion of New Zealand, acting by and with the advice
and consent of the Executive Council of the said Dominion,
doeth hereby approve of the following resolution passed by
the Wellington City Council on the eleventh day of November,
one thousand nine hundred and twenty-viz., "The Wel-
lington City Council, being the local authority having control
of the streets in the City of Wellington, hereby declares that
the provisions of section one hundred and seventeen of the
Public Works Act, 1908, shall not apply to that portion of
the southern side of Park Street commencing at a point
177·28 links from the junction of such street with Grant
No. 100