334

THE NEW ZEALAND GAZETTE.

[No. 18

(ii) Where a motor-vehicle or motor-cycle is damaged while under
military control, and where such damage is caused by an accident
which occurs during and is directly attributable to military operations,
the payment of such amount as is reasonably necessary to enable
repairs to be effected may be approved by Army Headquarters.
(iii) Free issues of petrol or lubricants shall be made in
respect of the use of a hired motor-vehicle or motor-cycle.
(iv) All claims for hire and mileage are to be certified by the
Adjutant that the vehicle comes within the authorized establishment.
(v) The provisions of this paragraph refer to short periods of
casual hire only. Where extensive hire is necessitated, special
arrangements will be put into operation by Army Headquarters.

DAMAGE TO MOTOR-CYCLE BELONGING TO MEMBER OF
A MOTOR-CYCLE PLATOON.

134. Compensation for damage to a motor-cycle shall, subject
     to the following conditions, be paid to the owner thereof where such
     damage occurs while he is using the motor-cycle for the purposes of
     military training :—
     (a) The owner of the motor-cycle has, prior to the use thereof
     for military purposes, produced for inspection by the
     Adjutant of his unit an insurance policy protecting such
     owner from liability for third-party claims for damages
     in respect of the use of the motor-cycle.
     (b) The Adjutant has consented to the use of the cycle for such
     military purposes.
     (c) The owner of the motor-cycle in respect of which a claim for
     compensation is made was at the time when the damage
     occurred actually covered by an insurance policy protecting
     him from liability for third-party claims for damages in
     respect of the use of the motor-cycle.
     (d) The owner of the motor-cycle damaged while in use for
     military-training purposes has within forty-eight hours
     after the damage occurring, or within such further time
     as may be allowed by the Adjutant of the owner's unit,
     given to the Adjutant full particulars in writing of the
     circumstances in which the damage occurred.
     (e) The owner of the motor-cycle has delivered to the Adjutant
     of his unit a certificate in writing stating that—
     (i) The damage to the motor-cycle was caused while
     the owner thereof was in the actual performance of
     military duty, or while proceeding under orders to or
     from the place of assembly for such duty ; and
     (ii) The damage to the motor-cycle was not
     occasioned or contributed to by any fault or want of
     due care on the part of the owner thereof; and
     (iii) The damage to the motor-cycle was the result
     of the use thereof on military duty.
     (f) Compensation shall be granted to the owner of the motor-
     cycle only in respect of damage thereto not occasioned
     or contributed to by any fault or want of due care on the
     part of the owner thereof.
     (g) In assessing the amount of compensation payable to the
     owner of the motor-cycle a deduction shall be made of
     any sum of money recovered or recoverable by the
     owner thereof from any source whatsoever in respect
     of the damage to such motor-cycle.

135. Where the Department agrees to pay compensation for
     damage done to a motor-cycle it does not enter into or become in
     any way party to a contract to repair the motor-cycle.

The owner should therefore make arrangements for the work
to be done and he may then submit to the Department either (a) the
receipted bill of costs of repairs, together with a request for a refund
to himself, or (b) the unpaid account together with a written order
directing the Department to make payment to the repairer.

PART IX.—COMPENSATION FOR INJURIES.

INJURIES TO EMPLOYEE.

136. In the event of an accident to an employee engaged by a
     rifle club for duty as a marker, &c., liability (if any) to pay compensation will fall upon the rifle club.

137. (a) Courts and Boards of inquiry investigating the circumstances under which disabilities are sustained will report the degree
     of disability and its probable duration, the average rate of pay
     previously earned, and will recommend whether the provisions of
     the Workers' Compensation Act should be applied.
     (b) Where the disablement is of a prolonged or permanent
     nature or involves permanent partial disablement, the person
     suffering the disability should submit an application for consideration
     under the War Pensions Extension Act, 1940. Payment of compensation will cease on a pension being granted.

INJURY TO OR LOSS OF HORSE.

138. Compensation not exceeding £25 may be granted under
     the following conditions for the death or loss of, and not exceeding
     £10 (including veterinary expenses) for injury to, a privately-owned
     horse used by a member of the Regular Force or Territorial Force
     for military training purposes under the authority of his commanding
     officer :—
     (a) That the cause of death, loss, or injury occurred in the
     actual performance of duty in the field or while on the
     march to or from the place of assembly for duty with a
     detachment in military formation under the command
     of an officer, warrant, or non-commissioned officer.
     (b) That the death, loss, or injury was not occasioned by any
     fault or want of due care by the member.
     (c) That death, loss, or injury was wholly occasioned on duty.
     (d) That full particulars as to death, loss, or injury are forwarded
     in writing to the O.C. District within forty-eight (48)
     hours after its occurrence.

139. Compensation shall not be allowed in the following cases :—
     (a) Death, loss, or injury when the animal is being taken to the
     place of assembly for duty or returning home after the
     dismissal of the unit from duty, except when with a
     detachment in military formation and under the command of an officer, warrant, or non-commissioned officer
     as provided in para. 138 (a).
     (b) Sprains or lameness.
     (c) Loss resulting from internal causes such as inflammation of
     the bowels, rupture, haemorrhage, cold, fever, &c., unless
     clearly attributable to military duty.

140. Where it can clearly be shown that the death, loss, or
     injury is actually occasioned by the horse being necessarily subjected
     to severe or extraordinary exertion while on military service the
     Minister may, upon the recommendation of the Army Secretary,
     take into consideration such cases.

141. All applications for compensation shall be submitted
     through Headquarters, and must be accompanied by—
     (a) The proceedings of the Board which reported on the case or,
     if no board was assembled (reasons why the Board was
     not assembled must be shown), by a detailed statement
     of the circumstances of the case.
     (b) In the case of an officer claiming, a certificate by the officer,
     and in the case of other ranks a statutory declaration,
     showing the period during which the horse was unfit,
     and that it was fit for service immediately prior to the
     accident.
     (c) Where obtainable, a report from the veterinary surgeon who
     examined or attended to the horse.
     (d) In the case of death or loss, the age and estimated value of
     the horse at that time and in the case of injury, the age
     of the horse and its estimated value both immediately
     prior to and following such injury, supported by a
     certificate from a veterinary surgeon (where obtainable)
     and also by the O.C. District.
     (e) All correspondence on the subject bearing the remarks and
     recommendations of the O.C. District concerned.

142. In order to facilitate the settlement of claims the O.C.
     District shall arrange that where the services of a civilian veterinary
     surgeon are required the practitioner is informed that in the event
     of any dispute arising as to the fees charged by him the matter will
     be referred to Army Headquarters, and the decision of Army
     Headquarters must be accepted as final.

PART X.—MISCELLANEOUS.

SALE OF REFUSE, FEES, ALLOWANCES, MILITARY FUNERALS.

PROCEEDS OF SALE OF REFUSE, ETC.

143. (a) An officer commanding a camp may call for tenders,
     and may accept a tender or tenders, for the purchase of fat, swill,
     and camp refuse, or for the right to conduct barbers' shops, &c., or
     canteens for the sale of non-alcoholic liquor, &c.
     (b) All moneys received as the result of such dealings shall
     (except as provided in subpara. (c) hereunder) be divided proportionately between regiments or units, &c., or portions thereof in
     camp and shall be forwarded to the respective Commanding Officers,
     who shall pay the amount so forwarded into regimental funds, give
     receipts therefor, and publish an acknowledgment in Regimental Orders.
     (c) When it is impracticable to make an allocation to individual
     units—e.g., at rifle meetings, courses of instruction, &c.—the moneys
     received as the result of such dealings shall be accounted for as
     directed by the G.O.C., and held for the benefit of the troops at
     subsequent rifle meetings, course of instruction, &c.
     (d) At the conclusion of a camp all accounts owing in connection
     therewith shall be paid immediately and, where contractors have
     agreed to accept the return of goods supplied, the balance of stock
     on hand shall be returned immediately or, in the absence of such
     agreement, disposed of as ordered.

FEES FOR PREPARATION OF DOCUMENTS.

144. Any person to whom a right to occupy or use land or other
     property administered or controlled by the Department is granted,
     transferred, or renewed by lease, tenancy agreement, license, or
     like instrument, or transfer or extension thereof, from the Army
     Department or from the Minister of Defence in the name either of
     the Minister or of the Crown, may be required by the Army Secretary
     to pay in respect of the preparation of the document necessary to
     effect such grant, transfer, or renewal, the administrative fee hereinafter provided. The Department shall pay the fee into the Public
     Account :—
     £ s. d.
     Preparation of lease, agreement to lease, or license 1 0 0
     Preparation of extension of lease or license ... 0 10 0
     Preparation of transfer or assignment of lease or
     license ... 0 10 0
     Preparation of any other documents of a like
     nature ... 0 10 0

ALLOWANCES TO WITNESSES AT COURTS-MARTIAL OR COURTS OF INQUIRY.

145. The scale of allowances payable to witnesses in pursuance
     of section 71 of the Defence Act, 1909, shall be the same as the scale
     of allowances to witnesses prescribed from time to time under
     section 89 of the Magistrates' Courts Act, 1928.

146. Travelling-expenses : The cost of conveyance by railway,
     coach, or other public conveyance, or, if no such conveyance, 9d.
     per mile one way. Witnesses of the artisan and labourer classes to
     be allowed second-class fare, the others first-class. Witnesses shall