APRIL 10.] THE NEW ZEALAND GAZETTE. 1133

shall give due notice to the electors in the district concerned; and if by such retirement the number of candidates is reduced to the number of vacancies to be filled the Returning Officer shall publicly declare the remaining candidates to be duly elected as from the date of expiry of the term of the sitting members for the district; but if the said number of candidates is not so reduced the poll shall proceed, but the person so retiring shall not be capable of being elected.

30. The Returning Officer shall be the sole and absolute judge of the regularity and propriety of all matters connected with the election, and the election shall not be called in question on the ground that a voting-paper or an addressed envelope was not posted to any elector, or that a voting-paper from any elector was not received by the Returning Officer, or that a voting-paper prepared by the Returning Officer was irregular in form, or that any vote was irregularly cast, or that any votes were wrongly computed, or that any other irregularity occurred in connection with the election, unless in the opinion of the Returning Officer (whose decision shall be final) such irregularity materially affected the result of the election or occurred otherwise than in good faith.

THE CONDUCT OF APPEALS UNDER SECTION 19 OF THE ACT.

31. (1) Every appeal made under section 19 of the Act against any decision of the Board shall be made by notice to the Board in the form or to the effect of the following:—

The Music-teachers Registration Act, 1928.

NOTICE OF APPEAL.

[To be signed by the appellant and posted to the Registrar, Street, .]

(a) Appellant’s name (in full):
(b) Registered No. (if any):
(c) Postal address (state number of street where possible):
(d) Date of appeal:
(e) Name (in full) and address of person appointed by appellant to act as assessor at the hearing of appeal.
[State facts concisely and number the paragraphs.]

SIR,—

I hereby give notice of appeal against the decision of the Music-teachers Registration Board [State here decision appealed against] on the following grounds:—

[Signature of appellant.]

I hereby consent to act as an assessor for the purpose of this appeal.

[Signature of assessor for appellant.]

(2) The appellant shall forward to the Minister of Education a copy of the notice of appeal.

32. (a) Within twenty-one days of receipt of such notice of appeal the Board shall serve on the appellant at the address given in his notice of appeal a statement in reply, setting forth briefly but clearly the reasons for the Board’s decision and the Board’s answer to the notice of appeal, and advising the appellant of the name of the assessor appointed by the Board.

(b) Such statement in reply may be prepared and served by the Chairman or any two members of the Board without convening a meeting of the Board.

33. The notice of appeal and statement in reply shall form the case on appeal, and the Board shall, within twenty-one days after service on it of the notice of appeal, forward to the Minister a copy of the statement in reply.

34. Upon receipt of the copy of the statement in reply, if forwarded, or, if not, then upon the expiration of the period within which it should have been forwarded, the Minister shall appoint a Magistrate as Chairman of the Board of Appeal, and shall forward to him a copy of the notice of appeal and, if received, of the statement in reply, with instructions to convene the Board of Appeal for the purposes of the appeal.

35. The Magistrate and assessors shall hear and determine such appeal at such convenient place and time as may be decided by the Magistrate. The Magistrate shall cause at least five days’ previous notice of such place and time to be given to the assessors, the Board, and the appellant.

36. At the hearing of the appeal the appellant may himself appear or may be represented by some person on his behalf, and the Board may be represented by any member thereof appointed by the Board or by some other person appointed by the Board, but no solicitor or counsel shall appear or be heard.

37. The Board of Appeal may, in its discretion, receive any evidence that it thinks fit (whether on oath or otherwise), and may act on any statement, document, information, or matter which in the opinion of the Board of Appeal may assist it to deal with the matters before it, whether the same would be legally admissible in a Court of law or not.

38. In matters not expressly provided for in the Act or by these regulations the procedure of the Board of Appeal shall be such as the Magistrate may determine.

39. The Board of Appeal may, from time to time, adjourn the hearing or consideration or determination of the appeal as it thinks fit.

40. The determination made in respect of the appeal shall be in writing, signed by the Magistrate and the assessors, and a copy of such orders shall be given to the appellant and to the Board; and the Board shall at once give effect to such order. No determination shall be invalid by reason of the omission or refusal of any assessor to sign the same.

41. The Board of Appeal may in its discretion order that the expenses involved in hearing an appeal shall be paid by the Music-teachers Registration Board, or may order that they shall be paid by the appellant, in whole or in part.

42. The fee that may be paid to assessors shall be two guineas for each day upon which a sitting of the Board of Appeal is held.

GENERAL.

43. Every person whose name is proposed to be removed from the register, or whose name has been removed, under section 18 of the Act shall, wherever possible, be notified by the Registrar to that effect.

44. The name of every person removed from the register under section 18 of the Act shall be published in the Gazette, and the Board may, if it thinks fit, state the ground of such removal.

45. Such publication (except in the case of persons proved to have died) shall not take place until after three months from the date of the Registrar’s notification if no appeal is then pending, or in case of an appeal, then until after the decision of the Board of Appeal has been given.

46. Every certificate of registration issued to any person whose name is removed from the register shall be returned to the Registrar within one month from the date of the publication in the Gazette of the notification aforesaid.

47. Every such person who without just cause fails so to return any such certificate shall be liable to a fine of £5.

48. The Registrar shall present to the Board at its first meeting held in each year an audited statement of account and balance-sheet for the previous year, which shall be published in the Gazette. And any registered music-teacher shall be supplied with a copy on application to the Registrar.

F. D. THOMSON,
Clerk of the Executive Council.

Directing the Sale of a stopped Government Road in Block XI, Hukerenui Survey District, under the Public Works Act, 1928.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 7th day of April, 1930.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

I N pursuance and exercise of the powers and authorities conferred upon him by the Public Works Act, 1928, 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 direct the sale of the stopped Government road described in the Schedule hereto.

SCHEDULE.

APPROXIMATE area of the piece of stopped Government road directed to be sold: 3 roods 15 perches.

Adjoining or passing through part Puhipuhi 4A No. 2.

Situated in Block XI, Hukerenui Survey District (Auckland R.D.). (S.O. 25131.)

In the North Auckland Land District; as the same is more particularly delineated on the plan marked P.W.D. 75936, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured green.

F. D. THOMSON,
Clerk of the Executive Council.

(P.W. 62/1/7/5.)