10
THE NEW ZEALAND GAZETTE.
[No. 1

27. If the application is to join parties the applicant shall also file with the Clerk as many copies of the original application under Regulation 11 or 12 hereof as there are parties proposed to be so joined, and the Clerk shall, with the application to join parties, post one copy of each original application to each such party. (Sec. 49.)

28. The notification by the Commissioner to the Clerk of the opinion of a Council that a settlement of a dispute will not be arrived at shall be in the form No. 9A. (Sec. 53.)

29. If a recommendation of a Council is made under section 54 of the said Act it shall be in the form No. 9B, and the Commissioner shall send it, together with three copies thereof, to the Clerk. (Sec. 54.)

30. The notice of the filing of a recommendation shall be in the form No. 9C. (Sec. 57.)

31. (1.) The notice to be given to the parties to a dispute in the event of no notice of disagreement with the recommendation of a Council being filed within the prescribed time shall be in the form No. 9D. (Sec. 57.)

(2.) The endorsement upon a recommendation which has been rendered operative and enforceable as an industrial agreement shall be in the following form, namely: “No notice of disagreement with the recommendation herein having been filed, and the parties having been notified accordingly on the day of , 19 , the said recommendation, by virtue of section 57 of the Industrial Conciliation and Arbitration Act, 1925, has been rendered operative and enforceable as an industrial agreement as from seven days after the date of such notification. (Sec. 57.)

THE COURT OF ARBITRATION.

32. The nomination-paper for the appointment of a member of the Court shall be in the form No. 10A, and the recommendations by industrial unions of persons for appointment as members shall be in the form No. 10B. (Sec. 65.)

33. Application to the Court for the extension of an industrial agreement to all employers engaged in the industry concerned in an industrial district or for an order declaring an agreement to be an award shall be in the form No. 11A or 11B, as the case may be, and shall be filed with the Clerk of the district, together with as many copies thereof as he may require. (Secs. 32 and 33.)

34. Notice of an application under section 32 of the said Act shall be given in the form No. 11C, with such modifications as may be necessary, by advertisement in some newspaper circulating in the district. (Sec. 32.)

35. Where notification has been delivered to the Clerk that the Council to which an industrial dispute has been referred is satisfied that a settlement will not thereby be arrived at, the following provisions shall apply:—

(a.) If the Council has made no recommendation for the settlement of the dispute, the Clerk shall refer the matter to the Court in the form No. 12A.

(b.) If the Council has made a recommendation, to which a party to the dispute has duly signed his disagreement, the Clerk shall, as soon as possible after the expiration of the time allowed for filing notices of disagreement, refer the matter to the Court in the form No. 12B. (Sec. 57.)

36. Application pursuant to section 90 of the said Act for an award to apply to more than one industrial district shall be in the form No. 13A, and twenty copies thereof shall be forwarded to the Clerk of each district concerned, together with as many additional copies as there are other parties to the dispute in that district: Provided that where the number of respondents is large the Clerk may, on the application of the applicants, authorize the omission of the names of the respondents from the above-mentioned additional copies.

Upon receipt of any such application the several Clerks with whom the application is filed shall, by writing under their hands, severally refer the matter to the Court. (Sec. 90.)

37. (a.) Every application made by an industrial association under Regulation 36 shall be accompanied by a copy of the rules of the industrial association and by a copy of the rules of each affiliated industrial union affected by the dispute. (Sec. 90.)

(b.) In the case of every application under Regulation 36, the list of respondents shall be set out in alphabetical order. (Sec. 160.)

38. The certificate of the chairman of the special meeting of each of the unions concerned shall be in the form No. 5C, with such modifications as may be required. (Sec. 90.)

39. The notice of an application to the Court by an industrial association for an award to apply to more than one industrial district shall be given in the form No. 13B, or the form No. 13BB, as the case may be, by the Clerks of the several districts to the parties in each such district respectively. (Sec. 90.)

40. The Clerk of the district shall send to the parties concerned at least three clear days’ notice of the sittings of the Court to deal with any dispute or other matter referred to it, and such notice shall be in the form No. 12C or 12D, as the case may require. (Secs. 78 and 90.)

41. All admissions or counter-proposals made by the respondents in pursuance of section 90 of the said Act shall be filed with the Clerk of the district in which the dispute is to be heard, together with as many copies as there are applicant parties, and twenty additional copies. (Sec. 90.)

42. The Registrar of the Court, or, in the absence of the Registrar, the Clerk of the district, shall attend all sittings of the Court. He shall keep the minutes of proceedings and the records of the Court, and perform all such duties and exercise all such functions as the Court may direct. (Sec. 38.)

43. Whenever the Deputy Registrar of the Supreme Court is also Clerk of Awards, and is absent from the office of that Court, the person for the time being acting as Deputy Registrar shall also act as Clerk. (Secs. 37, 38, and 74.)

44. Any party to a dispute who desires to appear before the Court of Arbitration by an agent shall file with the Clerk a warrant in the form No. 14A. (Sec. 79.)

45. Notice of consent by the parties to a dispute to the appearance of a barrister or solicitor before the Court shall be in the form No. 14B, and shall be filed with the Clerk. (Sec. 79.)

46. The nomination of an expert to sit with the members of the Court shall be in the form No. 14C, and shall be filed with the Clerk. Every person so nominated shall, before the nomination is filed, by writing under his hand either on the nomination-paper or elsewhere, signify his consent to act. (Sec. 112.)

47. If any expert dies, resigns, or refuses to act, the party nominating him may forthwith nominate another expert in his place; provided that the proceedings shall not abate or be affected by any vacancy caused by such death, resignation, or refusal to act. The party or parties nominating an expert shall pay his fee. (Sec. 112.)

48. The summons to a witness to give evidence before the Court shall be in duplicate in the form No. 15A. (Sec. 82.)

49. The Clerk shall sign both summonses, retaining one and issuing the other for service by the applicant for the summonses. 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. (Sec. 82.)

50. Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness on whom it is served. It shall be sealed and signed by the Clerk. (Sec. 82.)

51. Application to join or strike out parties to a dispute before the Court shall be in the form No. 8A, with such modification (if any) as may be required. The applicant shall file with the Clerk as many copies as there are parties to be joined or struck out, together with twenty additional copies. In the case of an application to join parties, the list of persons to be joined shall be set out in alphabetical order. The Clerk shall serve on each party concerned a copy of the application, together with a notification in the form No. 16A, and shall also in due course give notice to each such party, in the form No. 12D, where and when the application will be heard. (Sec. 113.)

52. Application to amend an award made by any party bound by such award shall be in the form No. 17A, and shall be filed with the Clerk of the district, together with as many copies thereof as there are other parties to the dispute, and twenty additional copies. (Secs. 92 and 93.)

53. Notice to the parties to the award of such application shall be in the form No. 17B, and shall be served by the Clerk, together with a copy of the application. (Sec. 93.)

54. Application to extend an award to other persons connected with or engaged in the same industry, or to add parties to an award, shall be in the form No. 18A or 18B, as the case may be, and shall be filed with the Clerk, together with as many copies of the application and of the award as the Clerk may require. In the case of every application under this regulation, the list of persons in respect of whom such application is made shall be set out in alphabetical order. (Secs. 92, 93, and 94.)

55. Notice to the parties of such application shall be in the form No. 18C or 18D, as the case may be, and shall be served by the Clerk, together with a copy of the application and a copy of the award. (Secs. 92, 93, and 94.)

ACTION IN THE COURT OF ARBITRATION FOR BREACHES OF AWARDS, BREACHES OF INDUSTRIAL AGREEMENTS, STRIKES, AND LOCKOUTS.

56. An action in the Court of Arbitration by an Inspector of Awards to recover a penalty or penalties for any breach or breaches of an award or industrial agreement, or for an offence under section 123 or 124 of the said Act, shall be commenced by filing with the Clerk of the industrial district in which the cause of action has arisen a statement of claim in