✨ Armed Forces Appeal Board Regulations
JUNE 18.] THE NEW ZEALAND GAZETTE. 1499
at the postal address mentioned in his notice of appeal, and
the Board shall thereafter proceed to determine the appeal
accordingly, whether the appellant appears or not:
Provided that, if the notice of appeal has not been posted
within the time limited under Regulation 26 hereof, the Board
shall not hear the appeal unless it is satisfied that the notice
was posted within one month after the expiry of the time so
limited, and that the failure to post the notice within the time
so limited was occasioned by mistake or by any other reason-
able cause.
(3) The appellant may, on the hearing of his appeal, be
represented by a barrister or solicitor or, with the leave of the
Appeal Board, by any other person.
(4) On the hearing of appeals the Crown may be repre-
sented by any person appointed by the Minister in that behalf
either generally or with respect to any class of appeals or with
respect to any particular appeal.
(5) The Crown representative at the hearing of an appeal
shall have a right to be heard in opposition thereto or in
support thereof, to produce evidence, and to cross-examine
witnesses.
(6) All appeals shall be heard in public, unless the Appeal
Board in any particular case, due regard being had to the
interests of the appellant and of all other persons concerned,
considers that the hearing or any part thereof should take
place in private:
Provided that the Board may deliberate in private as to
the determination of the appeal or as to any question arising
in the course of the proceedings.
(7) The hearing of an appeal may from time to time be
adjourned by the Board to any time or place or sine die;
but if adjourned sine die reasonable notice of the time and
place of the continuance thereof shall be given by post,
telegraph, or otherwise to the appellant or his representative
and to the Crown representative.
REGULATION 28.—DETERMINATION OF APPEAL BOARD.
(1) When the hearing of an appeal has been completed
the Appeal Board may reserve its determination, and may
thereafter determine the appeal at any time and place, and
either publicly or privately, and either with or without
previous notice to the appellant or the Crown representative.
(2) The determination of the Board on any appeal shall be
in writing signed by the Chairman and at least one other
member of the Board, and shall, if the appeal is allowed, set
out shortly the grounds on which it was allowed.
(3) The determination so signed shall be transmitted by
the Chairman to the Director. The Chairman shall also notify
the appellant of the result of the appeal.
(4) Every such determination shall, for the purposes of
these regulations, be conclusive as to the facts so found:
Provided that on the application of the Director the Board
may, if it has reason to suppose that the determination may
have been procured by fraud, or that new and material
evidence has been discovered, rehear the appeal, and cancel,
vary, or confirm its previous determination.
REGULATION 29.—SUSPENSION OF OBLIGATION OF SERVICE.
The pendency of any such appeal shall in no way suspend
the obligation of service and obedience imposed on the
appellant by these regulations, except so far as any such
suspension may be expressly allowed to the appellant by an
Appeal Board.
REGULATION 30.—EFFECT OF ALLOWANCE OF APPEAL.
On the allowance of any such appeal the appellant shall
thereupon cease to be a member of the armed forces, and
shall (except when the Appeal Board has determined that
he was not a member of the Reserve) be deemed to be retrans-
ferred to the Reserve, and shall thereafter remain subject to
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VUW Te Waharoa —
NZ Gazette 1940, No 63
NZLII —
NZ Gazette 1940, No 63
✨ LLM interpretation of page content
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Establishment of Armed Forces Appeal Boards
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🛡️ Defence & MilitaryAppeal Boards, Armed Forces, Governor-General, Regulations