Oct. 19]

THE NEW ZEALAND GAZETTE

1869

Regulations Under the Naval Defence Act, 1913, Amended

B. C. FREYBERG, Governor-General ORDER IN COUNCIL
At the Government Buildings at Wellington, this 11th day of October, 1950 Present : THE RIGHT HON. S. G. HOLLAND PRESIDING IN COUNCIL
PURSUANT to section 25 of the Naval Defence Act, 1913, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.
REGULATIONS
THE New Zealand Naval Regulations 1929 are hereby amended by revoking regulation 238, and substituting the following regulation:—
“238. Compensation for loss of or damage to uniforms, &c.:— “This regulation governs the payment of compensation for loss of or damage to regulation kit or personal effects of officers and men of the Royal New Zealand Navy and of personnel of the Women's Royal New Zealand Naval Service.
“Interpretation
“2. In this regulation, unless the context otherwise requires,— “‘Equipment’ includes instructional books, instruments, and tools essential to an officer or rating in the proper performance of his duties : “‘Investigating officers’ means officers appointed to investigate claims for compensation under paragraph 7 of this regulation : “‘Personal effects’ means personal effects other than uniform, regulation kit, or equipment : “‘Regulation kit’ means articles of kit prescribed for a rating in service regulations : “‘Uniform’ means articles of service clothing required by an officer in the proper performance of his duties.
“Cash Payment or Replacement in Kind
“3. Subject to the provisions of this regulation, an officer or rating who suffers any loss of or damage to his uniform, regulation kit, equipment, or personal effects shall be entitled to compensation therefor by way of cash payment or replacement in kind.
“Where Compensation Not Payable
“4. Compensation shall not be awarded in respect of— “(a) Loss of money : “(b) Loss by theft, except where the articles stolen have been properly accepted for safe custody by the Navy or other service authority : “(c) Loss of or damage to articles transported for other than service reasons in any vehicle, ship, merchant vessel, or aircraft : “(d) Loss of or damage to articles carried by an officer or rating while on leave unless special circumstances exist, in which cases claims may be forwarded to Navy Office for consideration.
“Procedure for Forwarding Claims
“5.(1) When an officer or rating sustains a loss or damage he is to forward his claim to his Commanding Officer within one calendar month from the date of loss or damage ; any neglect to do so within that period may be held sufficient reason for its rejection. “(2) When it is not practicable for a claim to be forwarded to the Commanding Officer within one calendar month, an explanation of the delay is to be noted on the claim. “(3) When forwarding his claim, the officer or rating is to state— “(a) Complete details of the articles lost or damaged; “(b) The circumstances under which the loss or damage occurred ; “(c) The names of all persons who in any way contributed to the loss or damage; and “(d) Details of insurance carried by him in respect of the articles lost or damaged. “(4) Separate lists are to be prepared in respect of— “(a) Uniform : “(b) Regulation kit : “(c) Equipment : “(d) Personal effects. “(5) The lists referred to in the last preceding subparagraph are to provide the following information :— “(a) The date and cost of acquisition of original article ; “(b) Whether the article has been replaced or repaired since the loss or damage ; and “(c) The date and cost of replacement or repair. “(6) Receipts are to be attached where possible but if they are not available the estimated cost is to be stated. Gazette, 6th December, 1929, Vol. III, page 3133
“Undertaking to be Given
“6. Every claimant for compensation under this regulation shall, on making his claim, enter into an undertaking in the prescribed form to the effect— “(a) That, in the event of compensation being awarded to him in respect of any article, he will, if required, refund to the Crown any amount recovered by him in respect of that article under any policy of insurance (less the premium required to restore the policy to its original cover value), and also any amount recovered by him from any other person in respect of that article, but so that the total amount refunded does not exceed the amount or value of the compensation awarded ; and “(b) That, in the event of any article being recovered after compensation has been awarded in respect of its loss, he will, subject to paragraph 12 hereof, forthwith return to the Navy Office the article issued in replacement thereof or reimburse the Navy Office with the value of the article so issued, or, as the case may be, refund the amount of compensation paid in respect of the article so recovered.
“Investigation of Claims
“7. (1) Every claim for compensation under this regulation shall be investigated by investigating officers appointed for the purpose, who shall not recommend the awarding of compensation on any claim unless they are satisfied that- “(a) The loss or damage is attributable to risks of the service; and “(b) The officer or rating concerned did everything in his power to prevent the loss or damage ; and “(c) The officer or rating concerned was in no way responsible for the loss or damage ; and “(d) Any articles of uniform, regulation kit, or equipment to which the claim relates were required by the officer or rating concerned for the proper performance of his duties ; and “(e) Any articles of equipment to which the claim relates, not being articles on issue from the Navy, were not reasonably available on service issue. “(2) After being investigated by investigating officers as aforesaid, claims are to be dealt with as follows :— “(a) Officers’ claims are to be forwarded to Navy Office for consideration as to payment : “(b) Ratings’ claims : Claims in respect of loss of or damage to regulation kit are to be dealt with locally in accordance with paragraph 8 of this regulation. All other claims are to be forwarded to Navy Office for consideration. A copy of any claim dealt with locally is to be forwarded to Navy Office.
“Assessment of Claims
“8. (1) Uniform Regulation Kit and Equipment : “(a) Compensation for loss of or damage to uniform, regulation kit, or equipment, shall be calculated on the principle of enabling the officer or rating to re-equip himself with articles lost or damaged, which he is required by regulations to possess or which are necessary for the proper performance of his duty. “(b) The basis on which compensation for loss or damage is to be assessed is as follows :— “(i) Articles comprised in the regulation kit will be replaced in kind or at the current issuing price : “(ii) When articles other than those comprised in the regulation kit are available from service sources, compensation will be based on the current issuing price : “(iii) When articles are not available from service sources, the cash value of the compensation allowed will be assessed on the basis of reasonable current market prices. The value of compensation for articles of costly or elaborate types will be based on the price of similar articles of ordinary utility quality. “(2) Personal Effects Lost or Damaged : “The compensation awarded for the loss of or damage to personal effects shall in no case exceed— “(a) £20 for any one item : “(b) £150 in the aggregate on any claim by an officer : “(c) £100 in the aggregate on any claim by a rating.
“Compensation Payable for Damaged or Unserviceable Articles
“9. (1) Where any damaged articles of uniform, regulation kit, equipment, or personal effects are considered by the investigating officers to be unserviceable, compensation, if otherwise payable, and subject to the foregoing provisions of these regulations, may be paid as if the damaged articles had been completely destroyed, instead of being paid only in respect of the damage. “(2) The amount of compensation under this regulation for damaged articles shall be awarded as recommended by the investigating officers and approved by the Naval Board.