Military Regulations




1498

THE NEW ZEALAND GAZETTE.

[No. 63

(3) Every Appeal Board shall consist of three persons to be appointed by the Governor-General and to hold office during his pleasure.

(4) One member of each Appeal Board shall be appointed by the Governor-General as the Chairman thereof.

(5) Each Appeal Board shall sit at such times and places as may be determined by the Chairman.

(6) No sitting of an Appeal Board shall take place unless all the members of the Board are present, but the decision of a majority of the members shall be the decision of the Board.

REGULATION 23.—DEPUTY MEMBERS OF APPEAL BOARDS.

(1) The Governor-General may from time to time appoint a Deputy Chairman of any Appeal Board and such deputy members thereof as he thinks fit, to hold office during his pleasure.

(2) On the occurrence from any cause of a vacancy in the office of Chairman or member of any Appeal Board, and in the case of the absence of the Chairman or of any member (from whatever cause arising) and so long as the vacancy or absence continues, the powers and functions of the Chairman or member may be exercised and performed by the Deputy Chairman or by a deputy member, as the case may be.

(3) No act done by an Appeal Board sitting with a Deputy Chairman or a deputy member, or done by any such Deputy Chairman or deputy member, shall be questioned on the ground that the occasion for the deputy’s acting had not arisen or had ceased.

REGULATION 24.—PROCEDURE OF APPEAL BOARDS.

(1) The procedure of an Appeal Board shall, subject to these regulations, be such as the Board thinks fit.

(2) An Appeal Board may admit and accept such evidence as it thinks fit, whether admissible in a Court of law or not.

REGULATION 25.—COMMISSIONS OF INQUIRY ACT APPLIED.

Each Appeal Board shall within the scope of its jurisdiction be deemed to be a Commission under the Commissions of Inquiry Act, 1908,* and all the provisions of that Act shall apply accordingly.

REGULATION 26.—NOTICE OF APPEAL.

(1) Every appeal to an Appeal Board shall be instituted by posting to the Chairman of the Board for the district in which the appellant is for the time being resident a registered letter containing a notice of appeal.

(2) Every such notice shall be so posted within ten days after the day of the gazetting of the notice by which the appellant was called up for service.

(3) Every notice of appeal shall state the name, occupation, and postal address of the appellant and the grounds of his appeal, and may, if the appellant thinks fit, be accompanied by any documentary evidence or statement of facts which he desires to bring to the knowledge of the Appeal Board.

REGULATION 27.—HEARING OF APPEAL.

(1) If in any case the Appeal Board is satisfied from any documentary evidence or statement of facts supplied to the Board in manner aforesaid, or as the result of any information otherwise obtained by the Board, that the appeal should be allowed, the Board may allow the appeal without calling on the appellant or hearing evidence.

(2) In all other cases the Chairman of the Board shall, so soon as may be after the receipt by him of the notice of appeal, appoint a time and place for the hearing of the appeal, and shall by post, telegraph, or otherwise give reasonable notice thereof to the appellant by notice addressed to him

  • See Reprint of Statutes, Vol. I, page 1036.


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🛡️ Establishment of Armed Forces Appeal Boards (continued from previous page)

🛡️ Defence & Military
Appeal Boards, Armed Forces, Governor-General, Regulations