✨ Industrial Conciliation and Arbitration Regulations
Jan. 13.] THE NEW ZEALAND GAZETTE. 11
the form No. 19A or 19B, as the case may be, signed by the plaintiff or his solicitor. (Sec. 136).
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In addition to the statement of claim filed in pursuance of the last preceding regulation, there shall be filed with the Clerk three copies thereof and one additional copy for each defendant. (Sec. 136.)
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When a date has been fixed for the hearing of the action the Clerk shall send to each defendant a notice in the form No. 19c, and there shall be annexed to each such notice a copy of the statement of claim in the action. (Sec. 136.)
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Unless within five clear days before the day of the hearing of the action the defendant delivers to the plaintiff and to the Clerk a notice of his intention to defend the action, he shall not be entitled to defend the same except with the leave of the Court, and the Court may, without hearing evidence, give judgment for the plaintiff. (Sec. 136.)
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When judgment is given in the Court in any action the Clerk shall issue to an Inspector of Awards a certificate of such judgment in the form No. 19D. (Sec. 136.)
NOTICE OF JUDGMENT IN MAGISTRATE’S COURT.
- When judgment has been given in the Magistrate’s Court the Clerk of the Court shall give to an Inspector of Awards a notice of that judgment in the form No. 20A. (Sec. 131.)
SUSPENSION OF REGISTRATION.
- Notice of suspension of the registration of an industrial union or association of workers shall forthwith be given by the Clerk of the Court (or Clerk of Awards) to the Registrar and to the union or association the registration of which is so suspended. The notice of suspension shall be in the form No. 21A. (Sec. 127.)
ORDERS FOR ATTACHMENT OF WAGES.
- (1.) For the purposes of the attachment of wages in pursuance of section 135 of the said Act, the following special provisions shall apply, and the procedure with respect to the attachment of debts prescribed by the Magistrates’ Courts Act, 1908, and the regulations in force thereunder, shall, so far as inconsistent with these special provisions, but not further or otherwise, be deemed to be modified accordingly in their application to the attachment of wages under the said section.
(2.) Application ex parte for an order of attachment of wages in pursuance of the said section may be made by the judgment creditor or his solicitor in the form No. 22A, and shall be filed with the Clerk of the Court. Every such application shall be supported by an affidavit in the form No. 22B.
(3.) On any such application an order for attachment of wages may be made in the form No. 22c.
(4.) If the employer against whom any such attachment order has been made makes default in paying any sum into Court in pursuance of the order, the Court may, on the ex parte application of the judgment creditor, give leave to the judgment creditor to sue the employer in the Magistrate’s Court for the recovery of any sum or sums in respect of which the employer has so made default.
(5.) Save in pursuance of a judgment obtained in any such action against the employer, no execution shall issue against the employer under any such order of attachment. (Sec. 135.)
PAYMENT OF PENALTIES.
- On payment of any penalty into Court, the Clerk of the Court or Clerk of Awards shall forthwith pay the amount into the Public Account, and shall forward the bank-receipt therefor to the nearest Inspector of Awards, together with a notice in the form No. 23A. (Sec. 132.)
TRAVELLING-EXPENSES OF MEMBERS OF COURT AND COMMISSIONERS.
- When engaged in or in attendance on the business of the Court or Council, or in travelling to and from the place of sitting, each member of the Court and each Commissioner shall be paid as travelling-expenses the sum of £1 for each day that he is necessarily absent from his home: Provided that if any member of the Court or any Commissioner is engaged in, or is in attendance on, or is travelling in connection with the business of the Court or Council as aforesaid for part only of any day, he shall be paid for such day such less sum than the prescribed rate as the Registrar of Industrial Unions may deem reasonable. (Sec. 160.)
TRAVELLING-EXPENSES PAYABLE TO ASSESSORS ON CONCILIATION COUNCILS.
- (1.) Where the sittings of a Conciliation Council are adjourned for a period exceeding twenty-four hours until a subsequent sitting at the same place, such of the assessors on that Council as are obliged to be absent from their homes during the period of such adjournment or any part thereof shall be paid such travelling-allowance (if any) for the period of such adjournment as the Registrar of Industrial Unions may approve, but not in any case exceeding 12s. 6d. a day.
(2.) Where the sittings of a Conciliation Council are adjourned from place to place, such of the assessors on that Council as are obliged to be absent from their homes during the period of such adjournment or adjournments or any part thereof shall be paid a travelling-allowance at the rate of 12s. 6d. a day for such period of absence as may in each case be approved by the Registrar of Industrial Unions; and, in addition, the actual cost of transport by rail, coach, or steamer, or such other conveyance, as may be approved by the Registrar of Industrial Unions, shall be paid from the place at which the Council first sat to hear the dispute until the termination of the proceedings: Provided that no payment shall be made in accordance with this subclause on account of transport by tram, bus, taxi-cab, or cab, or on account of meals, tips, or other incidental expenses.
(3.) Notwithstanding anything to the contrary contained in subclause (1) or subclause (2) hereof, each assessor appointed to a Conciliation Council in accordance with section 58 of the said Act who does not reside at the chief place of sitting shall be paid a travelling-allowance at the rate of 12s. 6d. for each day that he is necessarily absent from his home while engaged at a sitting of the Council, or in travelling by the most direct route from his home to the chief place of sitting to attend the first meeting of the Council thereat, or in travelling by the most direct route from the chief place of sitting to his home at the conclusion of the sittings: Provided that if any such assessor is so engaged for part only of any day he shall be paid for such day such less sum than the prescribed rate as the Registrar of Industrial Unions may deem reasonable. Cost of transport by land or sea while the assessor is engaged or travelling as aforesaid shall be payable as approved by the Registrar of Industrial Unions: Provided that no payment shall be made in accordance with this subclause on account of transport by tram, bus, cab, or taxi-cab or on account of meals, tips, or other incidental expenses. The chief place of sitting shall in each case be determined by the Commissioner. (Sec. 160.)
FEES PAYABLE TO PERSONS ACTING AS COMMISSIONERS.
- The fees payable to persons appointed to act as Commissioners under section 40 (8) of the said Act shall be two guineas for each day. (Sec. 160.)
FEES PAYABLE TO ASSESSORS ON CONCILIATION COUNCILS.
- (1.) The fee payable to persons appointed to act as assessors on Councils of Conciliation under section 44 (2) of the said Act shall be one guinea for each day on which such assessor is engaged at a sitting of the Council or is necessarily absent from his home, in accordance with Regulation 66 (2): Provided that if any assessor is engaged or absent as aforesaid for part only of any day, he shall be paid for such day such less sum than the prescribed rate as the Registrar of Industrial Unions may think fit.
(2.) Notwithstanding anything to the contrary contained in the preceding subclause, each assessor appointed to a Conciliation Council in accordance with section 58 of the said Act shall be paid a fee of one guinea for each day that he is engaged at a sitting of the Council, and each such assessor who does not reside at the chief place of sitting shall be paid a fee of one guinea for each day that he is engaged in travelling by the most direct route from his home to the chief place of sitting to attend the first meeting of the Council thereat, or in travelling by the most direct route from the chief place of sitting to his home at the conclusion of the sittings: Provided that if any such assessor is so engaged for part only of any day he shall be paid for such day such less sum than the prescribed rate as the Registrar of Industrial Unions may deem reasonable. The chief place of sitting shall in each case be determined by the Commissioner.
- For the purpose of Regulations 65, 66, and 68 “day” shall mean any period of twenty-four hours. (Sec. 160.)
MISCELLANEOUS.
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Application for an under-rate worker’s permit, notice to the industrial union of workers of the hearing of such application, and the permit, if issued, shall be in the forms Nos. 24A, 24B, and 24C respectively. (Sec. 145.)
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The wages and overtime book to be kept by every employer bound by an award or industrial agreement shall be in the form No. 25A, or such other similar form as may be approved by an Inspector of Awards. (Sec. 101.)
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Every certificate of age granted by an official of the Labour Department in pursuance of section 147 of the said Act shall be granted without fee. The said official shall, before issuing such certificate, require the production of a certificate from the Registrar of Births as to the age of the
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VUW Te Waharoa —
NZ Gazette 1927, No 1
NZLII —
NZ Gazette 1927, No 1
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Regulations under the Industrial Conciliation and Arbitration Act, 1925
(continued from previous page)
👷 Labour & Employment10 January 1927
Industrial Conciliation, Arbitration Act, Regulations, Industrial Unions, Associations, Court of Arbitration, Forms, Procedures