2654

Amendment to the Regulations under the Post and Telegraph Department Act, 1918.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 26th day of September, 1922.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority conferred on him by the Post and Telegraph Department Act, 1918 (hereinafter termed “the said Act”), 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, doth hereby make the following amendments to the regulations made on the first day of July, one thousand nine hundred and nineteen, for the classification and regulation of the Post and Telegraph Department, and the amendments thereof made from time to time under the provisions of the said Act; and doth direct that the amendments hereby made shall be read with and form part of the said regulations and amendments thereof, and that this Order in Council shall have effect from the date of publication in the New Zealand Gazette.

SCHEDULE.
REGULATION 7A is hereby revoked, and the following regulation substituted therefor:—
“7A. Any officer promoted to the Clerical Division or to the Engineering Division from the General Division, who at the time was in receipt of a higher salary than the minimum salary of the class to which he has been promoted, shall continue to receive such first-mentioned salary until he shall be entitled to a further increment.”
The figures “£90” in clause 3 of regulation 17 are deleted, and the figures “£85” substituted therefor.
Clause (2) of regulation 27 is hereby revoked, and the following clause substituted therefor:—
“(2.) Payment of overtime, when made, will be at the following rates:—
Rate per Hour.
“To officers drawing salaries exceeding £370 and not exceeding £470.. .. .. 3 6
“To officers drawing salaries exceeding £295 and not exceeding £370.. .. .. 3 0
“To officers drawing salaries exceeding £233 and not exceeding £295.. .. .. 2 6
“To officers drawing salaries exceeding £180 and not exceeding £233.. .. .. 2 0
“To officers drawing salaries not exceeding £180 1 6
“To message-boys.. .. .. .. 0 8

Clauses (1) and (8) of regulation 29 are hereby revoked, and the following clauses substituted in lieu thereof:—
“(1.) All officers and all persons employed in a temporary capacity shall receive travelling-allowances for personal expenses at the following rates:—
“(a.) Officers drawing salaries not exceeding £145 per annum : Actual and reasonable expenses Per Diem.
“(b.) Officers drawing salaries exceeding £145 and not exceeding £370 per annum .. 0 12 6
“(c.) Officers drawing salaries exceeding £370 and not exceeding £470 per annum .. 0 15 0
“(d.) Officers drawing salaries exceeding £470 and not exceeding £565 per annum .. 0 17 6
“(e.) Officers drawing salaries exceeding £565 per annum .. .. .. .. 1 0 0
“Provided that while at sea, if the time occupied is more than twenty-four hours, the allowance shall be—
“For the first day of absence from headquarters .. .. .. .. .. 0 10 0
“For subsequent days .. .. .. .. .. .. 0 2 6
“(8.) Officers called upon to perform relieving duty which necessitates their absence at night from home shall be paid allowances at the following rates:—
“To officers drawing salaries not exceeding £145 : Actual and reasonable expenses. Per Diem.
“To officers drawing salaries exceeding £145 and not exceeding £295 .. .. .. .. 10 0
“To officers drawing salaries exceeding £295 and not exceeding £470 .. .. .. 12 6
“To officers drawing salaries exceeding £470 .. .. 15 0
“Claims made by officers drawing salaries not exceeding £145 per annum for a refund of actual expenses are to be supported by vouchers, and will be subject to revision by the Secretary. Officers entitled to lodging-allowance, when
appointed to relieving duty involving separate payment for such duty will not be entitled to claim lodging-allowance for a longer time than one week after the relieving duty commences.”
Regulation 31 is hereby revoked, and the following regulation substituted therefor:—
“31. The following is the procedure to be adopted in any case of inefficiency or misconduct of an officer:—
“(1.) The officer may be first suspended by his controlling officer and the charge or charges reduced to writing, a copy being supplied to the officer; but suspension is not a necessary preliminary to the action prescribed in the following clauses.
“(2.) The officer will be called on to admit or deny in writing the charge or charges so made, and be informed that he may, if he so desires, add any explanation of his conduct.
“(3.) The statement of the charge or charges and the admission, denial, or explanation of the officer are to be forwarded to the Secretary along with the local controlling officer’s report on the case. If the officer admits the charge or charges the Secretary may, according to the nature of the offence, reduce such officer to a lower grade or class or to a lower salary, or fine him, or deprive him of leave of absence during such time as the Secretary thinks fit, or may dismiss him from the Department. If the officer denies the charge, and the Secretary, after considering the case or after investigating the same, is of opinion that the officer is guilty the Secretary may, according to the nature of the offence, impose upon the officer one or more of the penalties prescribed in the case of an admission by the officer. If, in the case of a denial of the charge or charges by the officer, the Secretary is of opinion that it is desirable that any such charge or charges should be inquired into by some person or persons specially appointed for the purpose, he may thereupon appoint one or more persons to inquire as to the truth of such charges. The person or persons so appointed shall examine upon oath any witnesses whose evidence may be necessary or material, and shall, after fully hearing the case, express his or their opinion thereon.
“(4.) If any such charges are found by the person or persons appointed as aforesaid to be proved the Secretary may, according to the nature of the offence, impose upon the officer one or more of the penalties provided in the case of an admission by an officer.
“(5.) In the case where the officer has been suspended and has admitted his guilt or has been assumed by the Secretary to be guilty, or has been proved guilty upon inquiry being made, unless the Secretary otherwise orders, such officer shall forfeit all salary or wages except such as may have been due before his suspension.
“(6.) If such charges are assumed by the Secretary or found by the person or persons appointed as aforesaid not to be proved, suspension, if it has been imposed, shall be immediately removed, and the officer shall be paid salary in full for the period of his suspension from duty.
“(7.) When, in the course either of ordinary business or of an investigation by a specially deputed officer, an officer shall admit in writing having been guilty of any act of misconduct or of inefficiency, the Secretary, without prejudice to the right of formally charging the officer, and, if thought necessary, proceeding by inquiry, may, according to the nature of the offence or the degree of inefficiency, impose any of the penalties set out in clause (3) of this regulation.”
Regulation 33: The following paragraph is added thereto:—
“If any officer is convicted of any crime which prior to the coming into operation of the Criminal Code Act, 1893, would have been classed as a felony, or of any infamous offence, he shall be deemed to have forfeited his office.”
Regulation 47 is hereby revoked, and the following regulation substituted therefor:—
“47. An appellant shall be entitled to be present at the hearing of his appeal unless the Board unanimously decides that his presence is unnecessary.”
Regulation 57 is hereby revoked, and the following regulation substituted therefor:—
“57. If the Board is unanimously of the opinion that an appellant has not established a reasonable case, it may call upon him to pay his travelling or other expenses. If the Board unanimously considers any appeal to be frivolous, it may order the appellant to pay the cost of hearing, and in addition a fine not exceeding £10, and the amount of the fine shall be deducted from the salary or wages payable to the appellant.”
Clause (2) of regulation 71 is hereby revoked, and the following clause substituted therefor:—
“(2.) As a Technical Clerk, unless he is not more than twenty-five years of age and has passed in—
“(a.) The Engineering Preliminary Examination of the University of New Zealand as for Engineering Cadets;