434
THE NEW ZEALAND GAZETTE.
[No. 11

24. (1) Every person whose name has been directed to be removed from the register shall, wherever possible, be notified by the Registrar to that effect.

(2) No removal of the name of any person from the register (except in the case of a person proved to have died or whose name is removed pursuant to paragraph (c) of subclause (1) of clause 22 hereof) shall take place until after the time for appeal under clause 26 of these regulations has expired if no appeal is then pending; or, in case an appeal is then pending, then until after the decision of the Board of Appeal has been given.

(3) Every person whose name is proposed to be removed from the Register shall, wherever possible, be notified by the Registrar to that effect and of the ground of the proposed removal and shall be entitled to submit to the Board any considerations or evidence relating to the proposal so to remove his name.

25. (1) Every certificate of registration issued to any person whose name is directed to be removed from the register or in respect of whose name an amendment is directed to be made amending the entry indicating the class of certificate to which such person is entitled shall on the expiration of the time for appeal if no appeal is then pending, or in the case of an appeal if the decision of the Board is confirmed by the Board of Appeal, be deemed to be revoked.

(2) Every holder of a certificate of registration deemed to be revoked as aforesaid shall forthwith, without the need of any demand, surrender such certificate of registration to the Board.

APPEAL AGAINST DECISION OF BOARD.

26. (1) Any person who is aggrieved by any decision of the Board under these regulations in relation to registration or an application for registration or the removal of his name from the register or in respect of whose name an amendment is directed or declined to be made amending the entry in the register indicating the class of certificate to which such person is entitled may, within twenty-one days after notice of such decision has been posted to him by the Registrar, appeal to a Board of Appeal consisting of a Magistrate and two assessors of whom one shall be appointed by the appellant, and one by the Board being the authority nominated by the Minister for the purpose.

(2) Such appeal shall be made by notice in duplicate signed by the appellant in accordance with form numbered 5 in the Schedule hereto and accompanied by the prescribed fee, and the appellant shall specify therein the name of the person whom he appoints to act as assessor on his behalf at the hearing of his appeal, and such assessor shall give in writing his consent to act. Such of the provisions of these regulations as the Board thinks fit may be printed on the said form but shall not be deemed to be part thereof.

(3) Within twenty-one days after receipt of such notice of appeal the Registrar shall inform the appellant of the name of the Magistrate before whom the appeal will be heard and of the assessor appointed by the Board, and shall at the same time forward to such Magistrate a copy of the Board’s decision and the notice of appeal therefrom, together with a notice of the name of an assessor to be appointed by the Board.

(4) The Magistrate and assessors shall hear and determine such appeal at such convenient time and place as may be decided by the Magistrate, being not more than forty-two days after the receipt by the Board of the notice of appeal.

(5) The Magistrate shall cause at least five days’ previous notice of such time and place to be given to the assessors, the Board, and the appellant.

(6) At the hearing of the appeal the appellant himself may appear or be represented by some person on his behalf, and the Board may be represented by any member thereof or other person appointed by the Board.

(7) 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.

(8) In matters not expressly provided for in these regulations the procedure of the Board of Appeal shall be such as the Magistrate may determine.

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

(10) The Board of Appeal may either confirm the decision of the Board or order the registration of the appellant or the restoration of his name to the Register or the amendment or restoration of an entry in the Register, as the case may require, and the determination of the Board of Appeal shall be final and conclusive.

(11) The determination made in respect of the appeal shall be in writing signed by the Magistrate and the assessors, and a copy of such order 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.

(12) An assessor appointed by the Board may be paid such fee, not exceeding £2 2s., as may be considered reasonable by the Minister for each day or part of a day he is engaged hearing an appeal or appeals, together with his reasonable actual expenses incurred in attending to hear such appeal or appeals.

FEES.

27. (1) The fees payable under these regulations shall be as follows:—

(a) On every application for registration . . . . 10 0
(b) On every application for the issue of a certificate of registration . . . . 10 0
(c) On every notice of appeal . . . . 10 0
(d) On application for the issue of a duplicate certificate in the case of the original having been lost, damaged, or destroyed . . . . 5 0
(e) On inspection of the register for each name in respect of which the entries are inspected . . 1 0
(f) For a certified copy of the entries in the register in respect of any name . . . . 2 6
(g) For a certificate of the absence of an entry in the register . . . . 2 6

Provided that no fee shall be payable in respect of any application for registration as entitled to a creamery manager’s and cheese-factory manager’s certificate by a person theretofore otherwise registered or for the issue of any such certificate.

(2) Where a fee is made payable on application or on notice of any appeal given pursuant to clause 26 hereof the application or notice of appeal shall not be entertained until such fee is paid, and where a fee is made payable pursuant to paragraphs (e) and (f) of subclause (1) hereof such fee shall be paid at the time when inspection of the register is made or at the time of application for a certified copy of the entry therein, as the case may be.

TRAVELLING EXPENSES AND ALLOWANCES.

28. There shall be paid to every member of the Board all locomotion expenses actually and reasonably incurred by him in respect of his attendance on the business of the Board, including the provision of first-class accommodation by rail, steamer, motor-vehicle or other public conveyance, and including sleeping-berths on trains and deck-cabins on steamers.

29. (1) When his attendance on the business of the Board requires a member to absent himself from his usual place of residence for a period of twenty-four hours or longer there shall be paid to such member board expenses at the rate of £1 for each period of twenty-four hours and a proportionate sum for any period exceeding twenty-four hours.

(2) Such period shall be computed from and to the exact hours nearest to the times of departure from and return to the member’s usual place of residence.

30. (1) No locomotion expenses or board expenses shall be paid in respect of any occasion on which locomotion expenses or board expenses are payable to the member from any other person, body corporate, or public or administrative body.

(2) Clauses 28 and 29 hereof shall not apply to any member being an officer of the Public Service.

31. (1) No payment under clauses 28 and 29 hereof shall be made unless such payment is first approved by a resolution of the Board passed either before or after the business of the Board is attended to which gives rise to the claim.

(2) No payment to any member for locomotion expenses or board expenses under these regulations shall be made until such member has signed a claim setting out the particulars of the amounts payable, and unless such claim is accompanied by a certificate signed by the member stating that on the days claimed for he was engaged in attendance on the business of the Board and incurred the expenses set out in the claim, and that the claim is correct in all particulars, and further stating and undertaking that the member has not already been paid any sum and will not claim or accept any sum by or from any other person or body corporate or public or administrative body in respect of the same locomotion expenses or board expenses, or in respect of locomotion expenses or board expenses on the same occasion.

32. (1) Every person commits a breach of these regulations who—

(a) Makes any false or fraudulent representations or produces to the Board or the Registrar any false certificate or testimonial for the purpose of securing registration under these regulations; or