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Industrial Conciliation and Arbitration.

clerk of the district wherein the reference arose, and shall be open during office hours to inspection, without charge, by all persons interested therein.

costs and

1898, s. 7.

77. THE Court, by its award, may order any party to pay to any other party costs and expenses (including the expenses of Court may award witnesses), and may apportion such costs between the parties or any them. of them, as it thinks fit, and may at any time vary or alter any such Ibid., s. 69, as order in such manner as appears to the Court reasonable; and such amended by Act of costs, or any other costs ordered by the Court to be paid, may be recovered in any Court of competent jurisdiction as a debt due to the party entitled thereto from the party liable therefor ; but no costs shall in any case be allowed on account of any agent, solicitor, or counsel appearing for any party.

The Court shall state in its award or order, the amount of costs or expenses so ordered to be paid, and may either itself ascertain the amount thereof, or may require the amount to be ascertained by taxation, by the taxing officer of the Supreme Court, before being inserted in the award, and such officer shall have, in relation to such taxation all such duty and authority as he would have in regard to taxation of costs in a case within the ordinary jurisdiction of the Supreme Court


Award not to be


, . .

78. THE award shall be framed in such manner as shall best express the decision of the Court, avoiding all technicality where framed in technical possible, but shall state in clear terms what is or is not to be done or performed by each party or person affected by the decision, and may Ibid., s. 70. provide for an alternative course to be taken by any party to the proceedings, or by any person affected thereby; but no award shall be void or vitiated in any way because of any informality or want of form.

79. THE Court shall have power, by order, at any time during Court may amend the currency of the award, to amend the provisions of the award for award. the purpose of remedying any defect therein or of giving fuller effect thereto.

The Court may grant

80. THE Court shall have power to grant injunctions and prohibitions and issue writs of mandamus and provide all ancillary injunctions, etc. remedies, and generally to exercise the powers of the Supreme Court in the administration of this Act.

81. IN all legal and other proceedings it shall be sufficient to produce the award with the seal of the Court thereto, and it shall Award under seal to not be necessary to prove any conditions precedent entitling the Court to make such award.


be evidence. Ibid., s. 71.

Industrial Conciliation and Arbitration.

Proceedings shall not be impeached for want of form.

82. PROCEEDINGS in the Court shall not be impeached or held bad for want of form, nor shall the same be removable to any Court by certiorari or otherwise; and no award or proceeding of the Court shall be liable to be challenged, appealed against, reviewed, quashed, or called in question by any Court of Judicature on any account whatsoever.

Ibid., s. 72.

Court to fix what shall constitute breach of award and penalty there. for.

83. THE Court, in its award, or by order made on the application of any of the parties at any time during the currency of the award, may fix and determine what shall constitute a breach of the

award and what sum, not exceeding Five hundred pounds, shall be N.Z. Industrial, etc., the maximum penalty payable by any party or person in respect of

any breach: Provided, however, that the aggregate amount of penalties and costs payable under any award or order shall not exceed Five hundred pounds.

Act, 1898, 8. 3.
See s. 85 (4).

Minimum rate of
Ibid., 8. 6.

84. THE Court shall not, by any award, fix any age for the Age for apprenticeship not to be fixed. commencement or termination of apprenticeship. Ibid., s. 4.

85. THE Court, in its award, or by order made on the application of any of the parties at any time during the currency of the award, may prescribe a minimum rate of wages or other remuneration, with special provision for a lower rate being fixed in the case of any worker who is unable to earn the prescribed minimum.

Provided that such lower rate shall in every case be fixed by the Court in such manner and subject to such provisions as are specified in that behalf in the award or order.


Proceedings not to abate by reason of death, etc.

86. NO proceedings in the Court shall abate by reason of the death of any member of the Court or of any party to such proceedings, but the same may be continued and disposed of by the successor in office of such member, and the legal personal representative of the party so dying shall become party to the reference and award.

N.Z. Industrial, etc.,
Act, 1891, s. 73.

(4.)Enforcement of Awards.

What award shall contain.

Period for which it

87. EVERY award of the Court shall specify each industrial union, association, person, or persons on which or on whom it is

intended that it shall be binding, and the period, not exceeding two is to be in force, etc. years from the making thereof, during which its provisions may be

enforced ; and during the period within which the provisions of such award may be enforced, such award shall be binding upon every industrial union, association, or person upon which it shall be thereby declared that such award shall be binding: Provided that, if the

Ibid., s. 74.

members each

Industrial Conciliation and Arbitration.

members of any industrial union are mentioned generally in any such award, all persons who are members at the date thereof, or may thereafter become so during its subsistence, shall be deemed to be included in the direction given or made by the award.

Provisions for

88. FOR the purpose of enforcing any award or order of the Court, the following provisions shall apply :

enforcing awards.
(1.) In so far as the award itself directs the payment of money, N.Z. Industrial, etc.,

it shall be deemed to be an order of the Court, and Act, 1898, s. 8.
payment shall be enforceable accordingly under the
subsequent provisions of this section relating to orders

of the Court.
(2.) If any party or person on whom the award is binding

commits any breach thereof by act or default, then,
subject to the provisions of the last preceding sub-
section hereof, any party to the award may by applica-
tion in the prescribed form (if any) apply to the Court

for the enforcement of the award.
(3.) On the hearing of such application the Court may by

order either dismiss the application or impose such
penalty for the breach of the award as it deems just,

and, in either case, with or without costs.
(4.) If the order imposes a penalty or costs, it shall specify the

parties or persons liable to pay the same, and the parties
or persons to whom the same are payable:

Provided that the amount payable by any party or
person shall not exceed Five hundred pounds:

Provided, also, that the aggregate amount of penalties
and costs payable under any award or order shall not

exceed Five hundred pounds.
(5.) For the purpose of enforcing payment of the amount

payable under any order of the Court, not being an order
under the enactment hereinafter contained for dealing
with offences against this Act, a certificate in the
prescribed form, under the hand of the clerk and the
seal of the Court, specifying the amount payable and
the respective parties or persons by and to whom the
same is payable, may be filed in any Court having juris-
diction to the extent of such amount, and shall thereupon,
according to its tenor, operate and be enforceable in all
respects as a judgment of such last mentioned Court in
its civil jurisdiction.

Provided that, for the purpose of enforcing satisfaction
of such judgment where there are two or more judgment
creditors thereunder, process may be issued separately by

Industrial Conciliation and Arbitration.

each judgment creditor against the property of his judgment debtor, in like manner as in the case of a

separate and distinct judgment. (6.) All property belonging to the judgment debtor (including

therein, in the case of an industrial union, all property held by trustees for the judgment debtor) shall be available in or towards satisfaction of the judgment debt, and, if the judgment debtor is an industrial union, and its property is insufficient to satisfy the judgment debt, the members shall be liable for the deficiency:

Provided that no member shall be liable for more than

Ten pounds under this sub-section. (7.) For the purpose of giving full effect to the last preceding

sub-section, the Court or the president may, on the application of the judgment creditor, make such order or give such directions as are deemed necessary, and the trustees, the judgment debtor, and all other persons concerned shall obey the same.

89. THE Court shall have full and exclusive jurisdiction to Jurisdiction of Court to deal with offences. deal with all offences against this Act, and, for the purpose of this Ibid., s. 10. section, the following provisions shall apply :

(1.) Proceedings to recover the penalty imposed in respect of

any offence shall be taken in the Court in a summary way under the procedure provided by the Act of the fourteenth year of Her now Majesty numbered five, and those provisions shall, mutatis mutandis, apply in like manner as if the Court were a Court of summary jurisdiction :

Provided that in the case of an offence of contempt of Contempt of Court (see sec. 70) may be

Court, the Court, if it thinks fit so to do, may deal with it without an information being taken or a summons

issued. (2.) For the purpose of enforcing any order of the Court

made under this section (except so far as enforced by the Court itself in cases of contempt of Court) a duplicate of such order shall be filed by the clerk in the office of the nearest Resident or Police Magistrate, and shall thereupon, according to its tenor, operate and be enforced in all respects as a final decision, conviction, or order duly made by such Magistrate under the said Act

of the fourteenth year of Her present Majesty. (3.) All penalties recovered under this section shall be paid

into the Colonial Treasury to the credit of the Consolidated Revenue Fund.

dealt with without summons, etc.


Industrial Conciliation and Arbitration.

(4.) Nothing in this section shall apply to the breach of any

award or to any order of the Court, save as in this
section mentioned, or to the penalty in respect of any

such breach.
(5.) Every penalty imposed under this Act for non-compliance

with any decision of the Board or Court may be re-
covered on any application to a Judge of the Supreme
Court, and when so recovered shall be paid into the
funds of unions of employers or employees, as the case

may be.

90. IN order to enable the Court more effectually to dispose of

Further powers of any matter before it according to the substantial merits and equities Court as to matters of the case, it may, at any stage of the proceedings, of its own motion before it. or on the application of any of the parties, and upon such terms as Ibid., s. 11. it thinks fit, by order

(1.) Direct parties to be joined or struck out;
“(2.) Amend or waive any defect or error in the proceedings;
(3.) Extend the time within which anything is to be done by

any party; and
(4.) Generally give such directions as are deemed necessary

and expedient in the premises.

91. THE powers by the last preceding section conferred upon the Court may, when the Court is not sitting, he exercised by the president.

Exercise of certain
powers when Court
not sitting.
Ibid., 8. 12.

Experts to assist


Act, 1895, s. 4.

(5.)—Supplemental. 92. (1.) WHENEVER an industrial dispute involving technical questions is referred to a Board or the Court for settlement, Board in technical two experts may be nominated, one by each party to the dispute ; and such experts shall sit as assessors with and be deemed to be N.Z. Industrial, etc., members of the Board or Court for the purposes of such dispute.

(2.) If there are more than two parties to any such dispute, one assessor shall be nominated by the parties whose interests are with the employers, and the other by the parties whose interests are with the workers.

(3.) The assessors shall be nominated in the prescribed manner and subject to the prescribed conditions. 93. THE Board, or the Court, at any stage of the proceedings Proceedings may be

, before it, and either of its own motion or at the request of any of in private. the parties, may direct that the proceedings be conducted in private, n.Z. Industrial, etc., and in such case all persons other than the parties, their represen- Act, 1898, s. 16. tatives, and any witnesses under examination, shall withdraw.


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