In this Part of this Act, if not inconsistent with the context, “master” means any person to whom any child is bound apprentice by indenture or by assignment of the indenture.

This Part of this Act does not apply to the clerks or apprentices of any person engaged in teaching any professional or scientific pursuit, or to any apprentice on whose binding a greater sum than thirty pounds is bona fide paid as the amount of fee or premium, or to any parties bound by any indenture of apprenticeship in which there is a clause expressly exempting them from the operation thereof.

All masters of apprentices in New Zealand shall have such and the like powers over every apprentice as the master of every apprentice has by the laws of England, and shall be amenable and responsible for the due performance of the contract entered into between or on the part of the apprentice and themselves respectively in the like manner as the master of any apprentice would be by the laws of England so far as the same are applicable to New Zealand and are not inconsistent with any of the provisions of this Part of this Act.

The persons who have the control or management of any orphan school, or any other public institution of a charitable nature, may from time to time nominate and return to the Minister of Internal Affairs the names of persons who may bind children under their charge as apprentices, and may from time to time change such nomination.

The persons so nominated, if approved by the said Minister (but not otherwise), shall be capable of binding such children as apprentices, and may, if they think fit, bind by indenture in writing children above the age of twelve years under the care or control of their respective institutions to be apprenticed to any farmer, householder, tradesman, or other person exercising any trade, art, or manual occupation for a term not exceeding five years.

Such term shall expire when such children respectively attain the age of nineteen years or (if females) marry with the consent of their parents or guardians.

For the purpose of binding a child as apprentice under the last preceding section an indenture of apprenticeship shall be executed by the persons authorised in that section to bind such apprentice of the one part, and by the master of the other part.

Every indenture so entered into shall be binding on the child of the one part, and the master of the other part, and shall contain a covenant on the part and behalf of the master that during the term of apprenticeship the master will provide the apprentice with sufficient and suitable food, clothing, and bedding; and that the apprentice shall attend divine service, when practicable, at least once on every Sunday, and shall have particular attention paid to his morals; and also that where the term of the apprenticeship exceeds two years the master shall pay into a savings-bank in New Zealand, in the name of the apprentice, the yearly sum of two pounds if a male, and thirty shillings if a female, for each and every year after the second year of the term, to be paid to the apprentice with the interest thereof at the expiration of the apprenticeship.

Any householder, tradesman, farmer, or other person exercising any trade, art, or manual occupation may take, by indenture in writing, any apprentice above the age of twelve years to be instructed in such trade, art, or occupation for a term not exceeding five years, which term shall expire at the time when the apprentice attains the age of nineteen years or (if a female) marries with the consent of her parents or guardians.

Such indenture of apprenticeship shall be executed by the parent or guardian of the apprentice or (if he has no parent or guardian) by two Justices residing in or nearest to the district where the apprentice resides of the one part, and by the master to whom the apprentice is bound of the other part, and shall contain such covenants and provisoes, so far as applicable, as are usually inserted in the indentures of such apprentices in England; and such indenture shall be binding upon the parties executing the same.

Any two Justices may, with the consent of either of the parents if living and within New Zealand, but if otherwise, then without such consent, bind by indenture any child above the age of twelve years in respect of whose maintenance any order has been made under “The Destitute Persons Act, 1908,” to be apprenticed to any householder, tradesman, farmer, or other person exercising any trade, art, or manual occupation for a term not exceeding five years, which term shall expire at the time when the child attains the age of nineteen years or (if a female) marries with the consent of her parents or guardians; and such binding shall be as effectual to all intents and purposes as if the child had been of full age and had bound himself to be such apprentice.

The master of any apprentice, or the executors or administrators of the master in the event of his death, may, by indorsement on the indenture of apprenticeship, or by any other instrument in writing by and with the consent of two Justices under their hands, assign such apprentice to any fit and proper person who is willing to take the apprentice for the residue of the term mentioned in the indenture of apprenticeship; and the person to whom the apprentice is intended to be assigned shall at the same time, by indorsement on the counterpart of the indenture, or by writing under his hand stating the said indenture of apprenticeship and the indorsement and consent aforesaid, declare his acceptance of the apprentice, and acknowledge himself and his executors and administrators to be bound by the agreements and covenants mentioned on the part of the said master of the apprentice to be done and performed; and in such case the apprentice shall be deemed and taken to be the apprentice of such subsequent master to whom the assignment is made to all intents and purposes whatsoever.

Every master who puts away or transfers his apprentice to another, or in any way discharges or dismisses his apprentice from his service, without such consent as aforesaid, is liable to a fine of ten pounds.

Where any difference arises between any master and apprentice the party feeling aggrieved shall make his complaint before two Justices, who may in their discretion make such order and direction as the equity of the case requires; and the said Justices may, on proof of ill usage or neglect of duty by the master, cancel the indenture of apprenticeship and discharge the apprentice from all obligation to serve thereunder by certificate under their hands, which certificate shall be a full and sufficient bar to any action which may be brought on such indenture.

Every master who ill-treats or neglects to instruct properly or otherwise discharge his duty towards his apprentice is liable to a fine not exceeding ten pounds.

Any two Justices, on application or complaint on oath by a master against an apprentice concerning any breach of duty, disobedience, or ill behaviour in his service, shall hear, examine, and determine the same in a summary way; and may, if they think fit, punish the offender by commitment to solitary confinement in prison for any period not exceeding three days:

Provided that such punishment shall in no case be inflicted upon any apprentice under fourteen years of age or upon any female apprentice.

If any apprentice absents himself from his master’s service before the term of apprenticeship has expired, he shall, at any time thereafter whenever he is found, be compelled to serve his master for so long a time as he has so absented himself unless he makes reasonable satisfaction for the loss his master sustained by such absence; and so from time to time as often as any apprentice without leave of his master absents himself from such service before the term of his contract is fulfilled.

In case any apprentice refuses to serve as hereby required, or to make such reasonable satisfaction to his master, such master may complain on oath to any Justice, who may issue a warrant under his hand for apprehending such apprentice to be brought before any two Justices, who shall hear the complaint in a summary way and determine what satisfaction shall be made to the master; and in case the apprentice does not give security to make satisfaction according to such determination he may be imprisoned for any period not exceeding three months, besides serving the period of time for which he was absent.

No conviction, order, warrant, or other matter made or purporting to be made by virtue of this Part of this Act shall be removed by certiorari or otherwise into the Supreme Court.

Any fine recovered under this Part of this Act against a master for ill usage or neglect to discharge his duty towards his apprentice shall, in the discretion of the Justices who imposed the same, be disposed of either towards any charitable institution in the district or place where the master resides or for the use of the apprentice as a compensation for such ill usage or neglect.

Any person who thinks himself aggrieved by any fine or punishment imposed or directed by and under this Part of this Act may appeal against the conviction to the Supreme Court according to the provisions of “The Justices of the Peace Act, 1908,” relating to appeals from Justices.

In this Part of this Act, if not inconsistent with the context,—

The Minister of Internal Affairs may from time to time, by notice in the Gazette, declare to what arts or trades the provisions of this Part of this Act shall extend and be applicable, and what officer in charge of or employed in any Department in winch any such art or trade is used or exercised shall be the master to whom any such persons may be apprenticed:

Provided that the arts and trades used or exercised in the Departments mentioned in the Second Schedule hereto shall be deemed to be arts and trades within the meaning of this Part of this Act, and the officers named therein shall be deemed to be masters for the purposes of this Part of this Act without any further notice.

Any master having the special control or direction of any Department of the Government, which has been declared to be a Department in which apprentices may be taken as aforesaid, may, with the consent of the Minister, take and receive such and so many apprentices as he may be authorised or required to take for the purpose of being taught and instructed in the art or trade used or exercised in such Department or any branch thereof.

Every such apprentice shall be bound to the art or trade for which he may be apprenticed for a term of not less than three nor more than seven years.

For the purpose of binding such apprentice an indenture of apprenticeship, in the form or to the effect set forth in the Third Schedule hereto, shall be duly executed by the parent or guardian of the apprentice and by the apprentice of the one part, and by the master of the other part.

If the apprentice has no parent or guardian living or residing in New Zealand, a Magistrate or two Justices residing in the place where it is proposed the apprentice shall be bound shall join with the apprentice in the indenture.

Every indenture so entered into shall be binding on the apprentice and the master:

Provided that no master shall incur any personal liability or responsibility in respect of any such indenture of apprenticeship, or any covenant therein contained.

All moneys agreed to be paid as wages or gratuities to any apprentice shall be paid out of moneys appropriated from time to time by Parliament.

The Minister may from time to time cause any apprentice to be removed from any workshop or place in New Zealand to any other workshop or place in New Zealand in which a like art or trade is used or exercised as that which such apprentice has contracted to learn or be instructed in:

Provided that no apprentice shall be moved or transferred from the place in which he was originally bound to serve as an apprentice except with his own consent, and with the consent of the parent or guardian named in the indenture of apprenticeship, or if such parent or guardian is not living or residing in such place, then without such consent.

Every such consent shall be signified in writing, and attested before a Justice in the form prescribed in the Fourth Schedule hereto or to the effect thereof.

Upon any such removal being made as herein provided, the apprentice shall, without entering into a new indenture of apprenticeship, become and be deemed to be the apprentice of the master of the workshop at the place to which he is so removed in the like manner and with the like effect as is mentioned in the next succeeding section in the cases therein provided for.

In case of the death of any master to whom any person is apprenticed, or in case such master from any cause ceases to be in the service of the Government, or is removed from the place in which the indenture was executed, it shall not be necessary to assign the apprentice to the successor in office of any such master, but such successor shall for all purposes be deemed to be the master of the apprentice as effectually as if the indenture of apprenticeship and the services of the apprentice had been duly assigned and transferred to him, and the apprentice shall serve him or his successors in office for the residue of the term mentioned in the indenture of apprenticeship.

The Governor may from time to time, by Order in Council gazetted, make regulations—

Such fines may be deducted from any wages or gratuity payable to the apprentice.

No master shall put away, discharge, transfer, or dismiss any apprentice without the written consent of the Minister.

Every person offending against this provision is liable to a fine not exceeding twenty pounds.

Where any difference arises between a master and apprentice the party aggrieved shall make a complaint to the Minister, who shall order such inquiry into the matter of such complaint as is prescribed by any regulations to be made as aforesaid:

Provided that, if he thinks fit, he may require such party to make complaint before a Magistrate, who shall have power and authority to inquire into the complaint, and to make such order therein as the justice of the case requires.

A copy of such order shall be transmitted to the Minister, who shall take such steps to give effect thereto as may be necessary.

In any such case, or upon proof of ill usage or neglect of duty by the master, the Magistrate may, with the consent of the Minister, cancel the indenture of apprenticeship, and discharge the apprentice from all obligation to serve thereunder by certificate under his hand, which certificate shall be a bar to any action which may be brought on such indenture.

A Magistrate, upon complaint on oath by any master against any apprentice concerning any breach of duty, disobedience, or ill behaviour in his service, shall hear and determine the same in a summary way; and may, if he thinks fit, punish the offender by ordering him to be imprisoned in solitary confinement for any period not exceeding seven days; but no such punishment shall be inflicted on any apprentice under the age of sixteen years.

If any apprentice is convicted of an offence against this section, or is, in the opinion of the Minister, guilty of any gross or habitual breach of this Part of this Act or any regulations to be made hereunder, the Minister may dismiss the apprentice from the service of the Government, and thereupon the indenture of apprenticeship shall be wholly null and void.

If any apprentice absents himself from his master’s service before the term of apprenticeship has expired, he shall, at any time thereafter whenever he is found, be compelled to serve for so long as he so absented himself.

In case any such apprentice refuses to serve as hereby required, the master may complain to a Magistrate, who may issue a warrant for the apprehension of the apprentice to be brought before him or any two Justices, who shall hear and determine the complaint in a summary way.

If the apprentice does not give security to the satisfaction of the Magistrate or Justices that he will serve the master for so long as he so absented himself, he may be committed to prison for any period not exceeding three months, besides serving the period of time for which he was absent, over and above that mentioned in the indenture of apprenticeship.

No conviction, order, warrant, or other matter made or purporting to be made by virtue of this Part of this Act shall be removed by certiorari or otherwise into the Supreme Court.

All proceedings for offences under this Part of this Act made punishable in a summary way, and all fines imposed hereunder, may be heard, determined, and recovered under the provisions of “The Justices of the Peace Act, 1908.”

No apprentice shall, during the time and so long as he is apprenticed, be deemed to be in the permanent employment of the Government within the meaning of “The Civil Service Act, 1908.”