Government Railways Act 1908
Government Railways Act 1908
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Government Railways Act 1908
Government Railways Act 1908
Public Act |
1908 No 74 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Maintenance and Management of Government Railways and to the Management, Classification, and Superannuation Allowances of the Government Railways Department.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Government Railways Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All offices, appointments, licenses, regulations, rules, by-laws, Proclamations, Orders in Council, orders, warrants, instruments, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(b.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
(3.)
This Act is divided into Parts, as follows:—
Part I.—Maintenance and Management of Railways. (Sections 4 to 48.)
Part II.—Classification of the Department. (Sections 49 to 68.)
Part III.—Superannuation Fund. (Sections 69 to 96.)
Preliminary
2 Interpretation.
1900, No. 27, sec. 2 1901, No. 45, sec. 2
In this Act, if not inconsistent with the context,—
“Charges” includes rates and fares:
“Department” means that branch of the public service employed in connection with Government railways open for traffic:
“Goods” means goods, luggage, or chattels of any description, and includes live or dead animals:
“Member” means any person permanently employed in the service of the Department:
“Minister” means the Minister of Railways:
“Notice” means a statement conveying the general effect of a matter or thing done or intended to be done:
“Person” includes a body of persons, whether incorporated or not:
“Prescribed” means prescribed by regulations or by-laws under this Act:
“Public notice” means a notice published in some newspaper circulating in the locality in which the subject-matter of the notice arises or to which it relates, or posted in some conspicuous place on any railway-station in such locality:
“Publicly notified” means notified by public notice:
“Railway” or “Government railway” means any railway belonging to His Majesty in New Zealand, and in the case of each railway includes—
(a.)
All land belonging to His Majesty, or forming part of any public reserve within the meaning of “The Public Reserves and Domains Act, 1908,”
upon which the railway is constructed, or which is or is reputed to be held or used in connection with or for the purpose of the railway; and also
(b.)
All buildings, erections, wharves, jetties, works, rolling-stock, plant, machinery, goods, chattels, and other fixed or movable property of every description or kind belonging to His Majesty, and situate on such land, or held or used or reputed to be held or used in connection with or for the purposes of the railway.
3 Minister of Railways.
1900, No. 27, sec. 4
A Minister of the Crown shall be appointed from time to time by the Governor, to be called “the Minister of Railways,”
who shall have the general administration of this Act.
Part I Maintenance and Management of Railways.
4 Inspection of railways before opening for traffic.
Ibid, sec. 5
(1.)
Neither a Government railway nor any part of a Government railway shall be opened for traffic until it has been inspected by a person appointed by the Minister for that purpose, nor until such person has reported to the Minister that he has inspected such railway or part thereof, and also (except in the case of an extension of a railway then open for traffic) all the rolling-stock to be used thereon, and that the same are in all respects in good and efficient repair, and may safely and conveniently be used for public traffic.
(2.)
The requirements of this section shall be deemed to have been duly complied with in the case of every Government railway or part of a Government railway which is in fact open for traffic at the commencement of this Act.
5 Certificate by Minister evidence of certain facts.
1900, No. 27, sec. 6
(1.)
A certificate under the hand of the Minister that any specified land belonging to His Majesty or forming part of a public reserve, or any specified fixed or movable property belonging to His Majesty, is in fact included as portion of a Government railway, or that any Government railway is in fact open for traffic, shall for all purposes be sufficient evidence of the fact.
(2.)
The land or property to which any such certificate relates may be specified therein by words of general or particular description, as the Minister thinks fit.
(3.)
The succeeding provisions of this Act, in so far as they relate to railways, shall apply to all Government railways open for traffic.
6 Minister to control railways and Department.
Ibid, sec. 7
(1.)
Subject to the provisions of this Act, the Minister shall have the management, maintenance, and control of every railway and of the Department.
(2.)
The powers and duties conferred and imposed upon the Minister of Public Works by sections twenty-seven to eighty-seven, one hundred and ninety, and one hundred and ninety-seven to one hundred and ninety-nine of “The Public Works Act, 1908,”
shall, mutatis mutandis, also apply to the Minister of Railways, but without in any way limiting or interfering with the powers and duties of the Minister of Public Works under the said sections or any of them.
(3.)
Section twenty-nine of “The Public Works Act, 1908,”
in so far as it relates to Government railways, shall extend to Government railways executed prior to the coming into operation of that Act, and shall operate without the limitation imposed by the words “for the purposes of which a road or street might have been closed, or any such power exercised in the first instance,”
in subsection three of that section.
7 Power to protect railway.
Ibid, sec. 8
(1.)
Without in any way limiting the powers conferred upon the Minister of Public Works by section one hundred and ninety of “The Public Works Act, 1908,”
it is hereby declared that either the Minister of Railways or the Minister of Public Works may from time to time, for the purpose of protecting any railway, or preventing or lessening any risk of damage thereto by overflow or outbreak of any stream or river, or by the abrading of the banks of the same, construct, maintain, alter, or reconstruct any embankment, groin, or other protective work on any land or on the bank of any river or stream, or divert, impound, or take away any part or the whole of the water of such river or stream, or alter the course of the same; and may also discontinue or abandon any such work as and when he thinks fit.
(2.)
It shall not be lawful for any local authority, or for any person other than either of the aforesaid Ministers, to exercise upon any railway land any of the powers by this section conferred upon such Ministers unless by the written consent of either of them.
(3.)
All claims for compensation in respect of the exercise of any of the powers conferred by this section shall, unless settled by agreement, be determined in manner provided by “The Public Works Act, 1908,”
the provisions whereof relating to compensation shall, mutatis mutandis, apply.
8 Gates and cattle-stops.
1900, No. 27. sec. 9
Notwithstanding anything to the contrary in “The Public Works Act, 1908,”
or in any other Act, relating to the erection of gates across roads, it is hereby declared that with respect to every Government railway the following special provisions shall apply:—
(a.)
It shall not be lawful to erect or maintain across a road, where such road crosses any line of railway on the level, any gate within five chains of the centre-line of such railway:
Provided that the Minister of Railways, if he thinks fit, may, in any case where there are no cattle-stops at such level crossing, agree with the local authority having the control of such road to allow any such gate to be erected or maintained, under such conditions as, in the interests of public safety, he thinks fit to impose.
(b.)
At private level crossings where there are cattle-stops it shall not be lawful to erect gates so as to enclose the railway; and where there are gates connected with the fencing which encloses any railway, cattle-stops shall not be allowed in the line of railway.
(c.)
If any gate is hereafter erected in breach of this Act, then, irrespective of all other liabilities to which the person or local authority erecting the same is thereby exposed, the same may, at the cost and expense in all things of such person or authority, be at any time removed by the Minister of Railways, or by any Manager or Engineer of the railway, without any notice.
(d.)
With respect to every such gate as aforesaid which is in existence at the time of the coming into operation of this Act, it shall be the duty of the person or authority which erected the gate to remove the same within forty-eight hours after notice in writing so to do from the Minister of Railways, or any Manager or Engineer of the railway; and if default is made in removing the same in terms of such notice, then the gate shall be deemed to be erected in breach of this Act within the meaning of the last preceding paragraph, and the provisions of that paragraph shall apply accordingly.
9 Power to run locomotive engines.
Ibid, sec. 10
Locomotive engines consuming either anthracite coal, bituminous coal, brown coal, coke, or wood of any kind, whether propelled by steam or any other motive power, and whether drawing or not drawing carriages, trucks, wagons, or other vehicles or machines, may from time to time and at any time, as the Minister authorises or directs, be run upon any railway or private siding or wharf connected with a railway.
10 Powers of Minister in respect of railways.
Ibid, sec. 11
The Minister may from time to time, by notice gazetted, do all or any of the following things in respect of railways, or of any specified railway or any part thereof, that is to say:—
Fixing scales of charges.
(a.)
He may fix scales of charges to be paid for—
(i.)
Persons carried on or using a railway; or for
(ii.)
Goods carried on a railway, or received on or into, or stored in or delivered from, any wharf, pier, jetty, store, shed, or yard in connection with a railway; or for
(iii.)
Passengers failing to take out tickets at the booking-office of the station whence they started; or for
(iv.)
Demurrage on the use of any rolling-stock; or for
(v.)
The use of any cranes, hoists, or other machinery for loading and unloading goods; or for
(vi.)
The use by any vessel of any wharf, jetty, mooring, berthage, building, crane, or other appliances in connection with a railway; or for
(vii.)
Goods loaded or unloaded from or into lighters, into or from ships lying at or adjacent to any wharf, pier, jetty, berthage, or mooring in connection with a railway; or for
(viii.)
Goods received or delivered from or to any vessel lying at or adjacent to any such wharf, pier, jetty, berthage, or mooring:
Provided that the Minister, or any officer of the Department duly authorised by him, may from time to time fix special scales of charges to be paid in lieu of the ordinary ones upon special occasions, or for such times and in respect of such railways or parts of a railway as he thinks fit; and if such special charges are publicly notified it shall not be necessary to publish the same in the Gazette.
Declaring special goods.
(b.)
He may declare certain kinds of goods of a nature liable to injury, or goods over and above a certain value, to be special goods; all other goods shall be deemed to be ordinary goods.
Charges for special goods.
(c.)
He may from time to time determine what additional sum, over and above the charges payable in respect of ordinary goods, shall be payable in respect of special goods in proportion to the value thereof.
Imposing conditions.
(d.)
He may impose such conditions and regulations with respect to any of the preceding matters as he deems advisable.
Make by-laws
(e.)
He may from time to time make by-laws upon the following subjects:—
(i.)
Regulating the mode in which and speed at which engines and all other rolling-stock on a railway are to be propelled or moved:
(ii.)
Making time-tables showing the times of arrival and departure of trains at stations:
(iii.)
Regulating the loading and unloading of carriages and wagons, and the weight they may carry:
(iv.)
Regulating the weight to be carried in any sack, box, bale, or other package, and the size thereof, and imposing penal rates of charges for excess in respect of weight or size of package:
(v.)
Regulating the receipt and delivery of goods, the storing of the same and the checking of luggage:
Provided that whilst regulations for the checking of luggage are in force no liability shall be incurred by His Majesty or the Minister in respect of luggage which has not been duly checked:
(vi.)
Preventing or regulating the smoking of tobacco or any other substance, and preventing the committing of nuisances on railways:
(vii.)
Keeping accounts of all receipts and expenditure on railways, and conducting the traffic and ticket audit:
(viii.)
Regulating the traffic on roads and bridges used both for ordinary and railway traffic:
(ix.)
Regulating the public or private traffic of persons, vehicles, or goods on roads across any railway on the level thereof:
(x.)
Preventing the trespass of persons or animals on any railway or any part thereof:
(xi.)
Regulating the admission of any vessels to any wharf, jetty, berth, or mooring connected with a railway, and their usage of and removal from the same:
(xii.)
Regulating the maintenance, usage, opening, and closing of all gates and slip-panels, cattle-stops, and fences:
(xiii.)
Regulating the manner, times, and places in and at which tickets of any kind shall be purchased by, issued to, used by, and delivered up by passengers on railways:
(xiv.)
Regulating the terms on which private sidings may be constructed and used, and the manner in which the same may be worked:
(xv.)
Regulating the hire, use, and detention of any rolling-stock at such sidings, and the liability of persons hiring, using, or detaining the same for damages done thereto or for the destruction thereof:
(xvi.)
Authorising and regulating the disbursement of all moneys appropriated by Parliament for the purposes of controlling, working, and maintaining the railways and conducting the traffic thereon and in connection therewith:
(xvii.)
Regulating heavy traffic, as defined by section one hundred and thirty-nine of “The Public Works Act, 1908,”
on roads and bridges over or on any railway; limiting weight on wheels, width of tires, and width between tires; making special regulations in regard to traction and other engines and machines; issuing permits for the passage of such traffic on such terms and conditions as the Minister thinks fit; exercising in respect of such traffic the powers conferred by section one hundred and forty of the last-mentioned Act upon the Minister of Public Works in respect of Government roads; prohibiting the passage of all traffic which does not conform to the regulations or permits respecting the same, and prohibiting also the passage of heavy traffic across any bridge over a railway in cases where a level crossing is available within a distance of one mile:
(xviii.)
Providing for the grant of licenses to the drivers of vehicles plying for hire within the precincts of any railway; prescribing the conditions of such licenses (including the payment in each instance of a license fee not exceeding ten shillings per annum), and also of the transfer or forfeiture thereof; making similar provision for the licensing of vehicles plying for hire as aforesaid (including the payment in each instance of a license fee not exceeding ten shillings per annum), and the conditions subject to which such licenses shall be held and may be transferred or forfeited; and providing also for the exclusion of any such licensed driver or vehicle from railway premises until there is room for his vehicle, and for the exclusion of all unlicensed drivers and vehicles plying for hire as aforesaid:
(xix.)
Regulating the admission to railway-platforms of passengers going to or leaving the trains, of friends of passengers, or of persons having business at the station offices; excluding from stations, offices, or platforms all persons not having business thereat; imposing such fees or tolls as he deems fit in order to give effect to this paragraph:
(xx.)
Prescribing, subject to the provisions of section twenty-eight of “The Licensing Act, 1908,”
the terms on which licenses for refreshment-rooms shall be granted, and the hours of opening and closing the same, the fees to be paid for such licenses, and the conditions on which the same may be determined and forfeited:
(xxi.)
And generally for regulating the traffic on railways, and the conduct of all persons employed on or about the same or travelling thereon:
Provided that such by-laws may authorise the district railway officer or any other person to do all such things, and to issue all such instructions and regulations, as may be deemed advisable in respect of any such subjects.
11 Provisions as to by-laws.
1900, No. 27, sec. 12 1902, No. 45. sec. 9
In respect of by-laws made under the last preceding section the following provisions shall apply:—
(a.)
All by-laws shall be gazetted, and a copy shall, within ten days after the publication thereof, be laid before Parliament if sitting, and if not, then within ten days after the commencement of the next ensuing session.
(b.)
A copy of all by-laws relating to matters affecting the public shall be painted or printed in black letters on a white ground, and be fixed and maintained in a conspicuous place at every station at which tickets are sold:
Provided that the validity of any by-law, or the liability of any person under any by-law, shall not be affected by any non-compliance with this provision.
(c.)
Any by-law published in the Gazette shall be evidence in all Courts of the same having been duly made under the authority of this Act.
(d.)
Any by-law may apply to railways generally or to any particular railway or part of a railway.
(e.)
Any by-law relating to the conduct of any person employed in or about a railway may impose a fine not exceeding one pound for any breach thereof, and such fine may be recovered by deducting the same from any salary or emoluments due or to accrue due to him:
Provided that all fines recovered under this paragraph shall be paid into “The Government Railways Superannuation Fund”
hereinafter mentioned.
(f.)
Any other by-law may impose a fine not exceeding ten pounds for any breach thereof.
12 As to custody, carriage, and delivery of goods.
1900, No. 27. sec. 13
In respect of the receipt, custody, conveyance, and delivery of goods upon or from a railway the following provisions shall apply:—
(a.)
All goods received upon any railway shall, subject to any by-laws, conditions, or regulations in that behalf, be deemed to be in the custody of the Minister until delivered to the consignee thereof.
(b.)
Every person, before delivering any special goods at any railway-station, shall give to the officer in charge of such station a statement in writing declaring the nature and value of such special goods, and the officer shall give a receipt for the same, specifying the nature and value so declared.
(c.)
No person, unless he has first delivered such statement and obtained such receipt, shall be entitled to recover, for any loss of or damage to any special goods, any greater sum than ten pounds for the contents of any parcel in which such special goods are packed, fifteen pounds for any horse, eight pounds for any one head of cattle, two pounds for any dog, fifteen shillings for any one sheep, goat, pig, or other quadruped not otherwise specified, and three shillings and sixpence for any bird.
(d.)
In respect of all ordinary goods, and to the extent of the value declared in respect of all special goods, but subject in every case to the limitations and provisions of this Act, the Minister shall have the same liabilities, obligations, rights, and protection as in the case of common carriers.
(e.)
When any goods have been received for conveyance on any railway, and the time during which the goods may, in accordance with any contract or under any by-law, remain on the. railway premises has expired, then, notwithstanding anything in this Act, the Minister shall be responsible only as a warehouseman for any loss of or damage to such goods that may occur between the time of such expiry and the time of their removal by the consignee or owner thereof.
(f.)
The Minister may make special agreements with any person—
(i.)
For insuring any goods delivered on a railway against all loss or damage from any cause whatsoever;
(ii.)
For insuring the Minister against all liability in respect of any such loss or damage:
And, for the purposes of the premiums in respect of such insurance, may increase or diminish the charges payable on such goods.
(g.)
Nothing herein shall operate or be construed to subject the Minister to any liability in respect of any goods left on the premises of a railway if, by virtue of any by-law, they are so left or deemed to be so left at the risk of the person leaving the same.
(h.)
No action shall lie against the Minister for any loss of or damage to any goods unless the action is commenced within six months after such loss or damage occurs.
(i.)
No such action shall be commenced until one month after a notice in writing is given to the Minister, stating the cause of action, the Court in which it is intended to be brought, and the name and residence of the parties about to sue.
(j.)
In any such action the defendant may plead a general denial, and may also without notice give any special matter of defence in evidence at the trial.
13 Power to collect and deliver goods outside limits of railway.
1900, No. 27, sec. 14
The Minister may from time to time—
(a.)
Cause goods for conveyance by railway to be collected from places outside the limits of a railway:
(b.)
Fix and define the limits within which such collection of goods may be made, and also the rates and charges to be paid therefor:
(c.)
Cause to be delivered, at places outside the limits of a railway, goods carried on a railway:
(d.)
Fix and define the limits within which such delivery of goods may be made, and also the rates and charges to be paid therefor:
Provided that such rates and charges shall be payable notwithstanding that the person to whom the goods are deliverable shall himself take delivery thereof at any place within the limits of a railway:
Provided also that this and the last preceding paragraph shall apply only to the delivery of goods from stations within or not more than one mile from any borough or town district:
(e.)
Do, execute, enter into, and perform all such acts, contracts, and things as he thinks necessary for the purposes of this section:
Provided that the term of any such contract shall not exceed five years.
14 Railway servants responsible for damage.
Ibid, sec. 15
Every person employed on or about a railway shall be responsible for any damage caused by his wrongdoing or neglect; and the loss occasioned thereby may be deducted, by order of the Minister, from any salary or emolument due to such person, or may be recovered in a summary way.
15 Penalty for giving false consignment-note or waybill.
Ibid, sec. 16
(1.)
Every person who wilfully makes a false statement as to the nature, quantity, weight, measurement, or value of any goods delivered upon a railway, in any consignment-note, waybill, or other document which under this Act he is required to. deliver in respect of such goods, is liable to a fine not exceeding fifty pounds.
Extra charges also payable.
(2.)
If in any such document there is any understatement of the quantity, weight, measurement, or value of the goods, or any misdescription of their nature, the effect whereof, if undetected, might lead to their being charged for at less than the proper rate, then, in lieu of charges at the ordinary rate, and irrespective of any person’s liability under the last preceding subsection, and whether the understatement or misdescription is wilful or not, charges at a special rate to be fixed by the Minister, not exceeding double the ordinary rate, shall be payable in respect of the goods.
16 Goods may be sold on refusal to pay charges.
Ibid, sec. 17
If any person, for one month after demand therefor, refuses or fails to pay in respect of any goods any charges imposed under this Act, the Minister may order any such goods to be sold, or, in case such goods have been delivered, then any other goods on the premises of the railway belonging to the same person.
17 Application of proceeds of sale.
1900, No. 27, sec. 18
The proceeds of any such sale shall be applied first in paying the said charges and the expenses of such sale (including all charges and expenses incurred in or about the storage, warehousing, and handling of the goods, or otherwise howsoever), and the balance, if any, shall be paid over to the person entitled thereto upon his establishing his claim.
18 Goods left by unknown owner may be sold.
Ibid, sec. 19
(1.)
If any goods are left on the premises of a railway, and the owner thereof or the person liable for the charges thereon is not known, the Minister may cause it to be publicly notified that, unless in the meantime they are removed and the charges thereon paid, they will be sold upon a day named in such notice, being not. less than one month from the publication thereof.
(2.)
If the goods are not removed and the charges thereon paid before that day, then they may be sold in terms of the notice.
(3.)
The balance of the proceeds of such sale, after paying the charges and expenses as specified in the last preceding section, shall be paid into the Public Trust Office, and shall be paid by the Public Trustee to any person establishing a lawful claim thereto.
19 Goods received for conveyance may be retained if subject to unpaid Customs duties.
Ibid, sec. 20
(1.)
When any goods have been received for conveyance upon a railway, and the consignee or owner has not complied with all provisions of any law relating to the charge or collection of duties by the Customs, or has not paid all charges incurred by the Minister on account of such goods which have accrued upon or prior to receipt of the goods by the Minister, or if the goods are held awaiting the consignor’s order to deliver, then such goods may be held and detained by the Minister until all such provisions are complied with, or such charges are paid, or such consignor’s order to deliver is given.
(2.)
During the time such goods are so held and detained the Minister shall be responsible only as a warehouseman in respect to any loss or damage that may occur thereto.
(3.)
The powers by this section conferred upon the Minister shall not affect the powers vested in him by the last preceding section.
20 Conveyance of dangerous goods.
Ibid, sec. 21
(1.)
No person shall have any right to send by a railway any goods of a dangerous nature.
(2.)
If any person sends or attempts to send by a railway, or deposits in any premises of a railway, any package containing any such goods, or any goods declared by the by-laws or publicly notified by the Minister to be of a dangerous nature, without distinctly marking the contents on the outside of such package, or giving notice in writing of the contents to the officer in charge of the station at which such package is left, that person shall be liable to imprisonment with or without hard labour for any term not exceeding two years, or to a fine not exceeding fifty pounds.
21 Subject to Act, all persons may use railway.
Ibid, sec. 22
Subject to the provisions of this Act, all persons shall be entitled to use any railway upon payment of the fares or charges fixed for such use.
22 Tables of fares and time-tables to be exhibited at stations.
Ibid, sec. 23
At every station on a railway at which tickets are sold there shall be fixed and maintained in a conspicuous place for inspection by the public a list of the passenger fares authorised to be taken at such station, and also a time-table showing the times of arrival and departure of each train thereat and therefrom.
23 Liabilities and rights of Minister in respect of passengers.
Ibid, sec. 24
In respect of passengers carried on any railway the Minister shall have the same liabilities, obligations, rights, and protection as in the case of common carriers of passengers: Provided as follows, that is to say:—
(a.)
Every claim or demand for damages in respect of loss of life or injury to the person (whether in the case of a passenger or not) caused by any default, negligence, or wrongful act of the Department or any person employed therein shall be enforced against the Minister as provided by this section, and not otherwise, and the maximum sum recoverable in the action shall in no case exceed two thousand pounds.
(b.)
No such action shall be maintainable unless it is commenced within six months after the cause of action arose, nor unless at least one month before the action is commenced the plaintiff gives notice in writing to the Minister stating the cause of action, the Court in which the action is to be brought, the amount claimed, and the full name and address of such plaintiff.
(c.)
In any such action the Minister may plead a general denial, and may also without notice give any special matter in defence at the trial:
Provided that nothing herein shall be deemed to prevent the Judge adjourning the case at his discretion.
(d.)
The Minister may make special agreements with any person for insuring the Minister against all or any of his liabilities and obligations under this section.
24 Penalties for injuries to railways.
1900, No. 27, sec. 25
If any person not having lawful authority or the written permission of the Minister does or causes or procures to be done any of the following things:—
(a.)
Encroaches on a railway by making any building, fence, ditch, or other obstacle, or planting any tree or shrub thereon;
(b.)
Digs up, removes, or alters in any way the soil or surface of a railway;
(c.)
Fills up, diverts, alters, or obstructs any ditch, drain, or watercourse directly carrying water off a railway, or made to protect the same, or does any act whereby any such ditch, drain, or watercourse is stopped, or the natural flow of water therein is obstructed;
(d.)
Interferes with or diverts any drain or watercourse so as to damage or injure a railway; or
(e.)
Fells or removes any tree, shrub, or timber growing on a railway,—
that person shall, in respect of each offence, be liable to a fine not exceeding ten pounds for every day upon which such offence is committed or suffered to continue, and a further sum equal to the cost incurred in removing any such encroachment or obstruction, or in repairing any injury done to any railway, ditch, drain, or watercourse as aforesaid, or in replacing any such tree, shrub, or timber.
25 Penalties for grave offences on railways.
Ibid, sec. 26
If any person does or causes or procures to be done any of the following things:—
(a.)
Throws stones, gravel, timber, or any rubbish on a railway, or at any engine, carriage, or wagon thereon; or
(b.)
Does any act which obstructs or might obstruct the working of a railway, or endangers or might endanger the lives of persons travelling thereon; or
(c.)
Drives or attempts to drive any vehicle or animal across a level crossing or elsewhere on a railway when an engine or any carriage or wagon on the railway is approaching and within half a mile from such crossing; or
(d.)
Places any rolling-stock on a railway, not having lawful authority so to do; or
(e.)
Moves any part of the rolling-stock on a railway, or leaves the same on any part of a railway, not having lawful authority so to do; or
(f.)
Moves any signal, points, or stop-blocks, or shows any signal likely to mislead; or
(g.)
Removes from a railway or the railway premises any rolling-stock, tarpaulins, tools, appliances, or property of any kind, or permits any of such rolling-stock, tarpaulins, tools, appliances, or property to be unlawfully in his possession or on his premises; or
(h.)
Cuts down, breaks, removes, or destroys any fence, building, or bridge in or upon any railway; or
(i.)
Attempts to do or assists or aids in doing any of the things mentioned in this section,—
that person shall, in respect of each offence, be liable to a fine not exceeding fifty pounds; nevertheless without in any way relieving him from any other liability, civil or criminal, to which he may be subject apart from this section.
26 Offences on railways punishable by fine or imprisonment.
1900, No. 27, sec. 27
If any person does or causes or procures to be done any of the following things:—
(a.)
Defaces the writing on any board or any notice authorised to be maintained on any railway or railway-carriage, rolling-stock, or rail way-station; or
(b.)
Obstructs any officer or servant employed on any railway in the performance of his duty; or
(c.)
Damages any railway, or any engine, carriage, truck, wagon, or any material or rolling-stock used upon or belonging to any railway; or
(d.)
Behaves in a violent or offensive manner to the annoyance of others, or is drunk, on any railway or in any carriage thereon; or
(e.)
Alters any ticket with intent to avoid payment of the proper fare or any part thereof; or
(f.)
Sells or transfers, or offers for sale or transfer, any free-pass ticket, or permits any person other than the person to whom the same is issued to make use of the same; or
(g.)
Uses or attempts to use any ticket the time for the proper use of which has expired, or which has already been used to the full extent to which the holder is entitled to use it; or
(k.)
Sells or transfers, or offers for sale or transfer, a ticket or any portion of a ticket which has been used for the whole or any part of the journey for which the ticket was issued, or travels or attempts to travel with any such ticket or portion of a. ticket sold or transferred by any person; or
(i.)
Writes any indecent words or draws any indecent or obscene picture or representation on any part of a railway, or on any railway-carriage or rolling-stock, or on any fences or buildings upon or adjoining any railway, or near to and conspicuous from any railway,—
that person shall, in respect of each offence, be liable to imprisonment with or without hard labour for any term not exceeding two months, or to a fine not exceeding ten pounds.
27 Offences on railways punishable by fine.
1900, No. 27, sec. 28
If any person does or causes or procures to be done any of the following things:—
(a.)
Travels in a railway-carriage of a class superior to that for which he is provided with a ticket, and refuses to pay the fare for the superior class on demand;
(b.)
Affixes any placard or bill on any part of the buildings or fences upon or connected with any railway, or sells or attempts to sell any articles on any railway, without being thereto authorised by the Minister;
(c.)
Neglects to shut any gate or slip-panel in any fence forming the boundary of, or upon or adjoining, any railway;
(d.)
Trespasses upon any part of a railway not being a station, platform, or railway-crossing, or other part to which the public are allowed access by law,—
that person shall, in respect of each offence, be liable to a penalty not exceeding ten pounds.
28 Persons committing certain offences may be arrested.
Ibid, sec. 29
If any person—
(a.)
Trespasses upon a railway, and refuses to leave after being warned by any officer or servant employed thereon; or
(b.)
Is drunk, or behaves in a violent or offensive manner to the annoyance of others on the railway, or at any station or platform thereof, or in any carriage thereon; or
(c.)
Does or attempts to do, or counsels, aids, or assists another person to do, anything which may endanger the lives of persons employed on or travelling on the railway,—
it shall be lawful for any constable, or any person employed on or about the railway, without warrant or other authority, to arrest and detain the person so offending, and to take him as speedily as conveniently may be before a Justice to be dealt with as the law directs; and all persons present shall, when called upon, assist such constable or person in giving effect to this section.
29 Railway servant may impound.
Ibid. sec. 30
(1.)
Any person employed on or about any railway may impound cattle trespassing on such railway; and any act, matter, or thing required under “The Impounding Act, 1908,”
to be performed or done by the occupier of land as defined in such Act may be performed and done in respect of a railway by any person authorised generally or particularly for that purpose by or on behalf of the Minister or the district railway officer.
(2.)
Section two hundred and five of “The Public Works Act, 1908,”
shall not apply to Government railways open for traffic.
Accounts
30 Monthly Railways Working Account.
Ibid, sec. 31
(1.)
The Minister shall in every month cause to be prepared a monthly Railways Working Account, showing the total gross receipts accruing from each railway during the month covered by the account, and the total expenditure upon the working management and maintenance of the same during the month.
(2.)
Such account shall show the gross cost of construction of the railway, including the cost of rolling-stock and all incidental expenditure:
Provided that, for the purpose of these monthly returns, the cost as ascertained at the end of each financial year shall be inserted as the cost during the twelve months next ensuing.
(3.)
All such accounts shall be gazetted monthly, and shall be laid before Parliament.
31 Annual account.
1900, No. 27, sec. 32
(1.)
The Minister shall compile from the monthly Railways Working Accounts an annual account of the receipts from and expenditure upon each railway.
(2.)
Such annual account shall show in a separate column the cost of all renewals of the permanent-way, as distinct from the cost of ordinary maintenance.
32 Receipts from railways to be part of Consolidated Fund.
Ibid, sec. 33
(1.)
All moneys received by way of rents, tolls, fares, freights, carriage, fines, or penalties, or otherwise accruing from a railway, shall be paid into the Public Account and, except as by this Act otherwise provided, form part of the Consolidated Fund.
(2.)
All such moneys as aforesaid shall be deemed to be moneys of the Crown.
Recovery thereof.
(3.)
Without affecting any other mode of recovering such moneys, they may also be recovered by and in the name of the manager of the railway, or of any person duly authorised by the Minister in that behalf, as an ordinary debt, in any Court of competent jurisdiction.
1905, No. 53, sec. 207
(4.)
Any such authority may be either general or apply only to any particular case; and the statement of any such person that he is so authorised by the Minister shall be sufficient evidence of such authority for all purposes.
Leasing Railways
33 Governor may lease railways.
1900, No. 27, sec. 34
The Governor may from time to time, in the name and on behalf of His Majesty, let on lease any portion of a railway, with or without the rolling-stock and other appurtenances thereto belonging, to any person willing to take and work the same, subject to the following conditions:—
(a.)
The letting shall be by public tender.
(b.)
The terms and conditions of the lease shall be laid before Parliament not less than thirty days before tenders are called for.
(c.)
The lease shall contain covenants for maintaining the railway, and everything demised or leased therewith, in good and sufficient repair, and so leaving and delivering up at the expiry or prior determination of the lease.
(d.)
The lessee shall use the railway subject to the provisions of this Act and to the by-laws made thereunder for the management of railways.
(e.)
The lessee shall find good and sufficient security for the due performance of the conditions of the lease, to such amount as the Governor directs.
34 Unused lands may be leased for stores or other buildings.
Ibid, sec. 35
(1.)
The Minister may from time to time, in the name and on behalf of His Majesty, let on lease as sites for storing goods, or erecting buildings thereon, or for such other purposes as may be approved by him, any land not required for railway purposes.
(2.)
In every case where the value of the land so let exceeds an annual rental of twenty pounds, the letting shall be by public tender or by public auction.
(3.)
No such lease shall be for a longer period than twenty-one years.
(4.)
The lease may contain such provisions for the payment of compensation in respect of improvements made by the lessee, or for the renewal of the lease for a further term not exceeding twenty-one years, as the Minister thinks fit:
Provided that the compensation shall be in respect of improvements existing on the land at the time of the expiry of the lease by effluxion of time, and also that the rental and other terms and conditions subject to which the renewed lease is to be granted shall be specified in the original lease:
Provided further that no lessee shall be entitled to compensation for improvements on the expiry of any renewed lease.
(5.)
In every case where compensation is payable under any such lease as aforesaid, the amount thereof, if not mutually agreed upon, shall be decided by a compensation Court, to be constituted on the application of the lessee made within one month after the expiry of the lease, in the manner provided by “The Public Works Act, 1908,”
and the provisions of that Act relating to compensation shall, mutatis mutandis, apply to any such application.
(6.)
Instead of paying direct to the lessee the amount of such compensation, the Minister may, in his discretion, cause the lease of the property for a further period of twenty-one years to be put up to auction, subject to the payment of such compensation by the purchaser, if other than the outgoing lessee, before he is admitted into possession; and the compensation, when received by the Treasury, shall be paid to the outgoing lessee:
Provided that if the outgoing lessee is the purchaser, the new lease to be then granted to him shall be deemed to be a renewed lease.
(7.)
Every lease granted under section two hundred and twelve of “The Public Works Act, 1894,”
before the coining into operation of “The Government Railways Act, 1900,”
and containing any such provisions as aforesaid for compensation or renewal, is hereby declared to have been validly granted, and the provisions of this section shall apply thereto in like manner as if it had been granted hereunder.
35 Buildings and workshops not required for public use may be leased.
1900, No. 27. sec. 36
The Minister may also from time to time, in the name and on behalf of His Majesty, let on lease any buildings, workshops, or other erections used in connection with a railway, not required for public use, on such terms and conditions as he thinks fit:
Provided that such letting shall be by public tender or public auction, and that no lease shall be for a longer period than seven years.
36 Sites for refreshment-rooms, book-stalls, &c., may be leased.
Ibid, sec. 37
(1.)
The Minister may also from time to time, in the name and on behalf of His Majesty, let on lease, upon such conditions and for such term as he thinks fit. not exceeding seven years, any part of the land or buildings belonging to a railway for the sale of refreshments, books, or other articles, or the use of the walls of any such buildings or of any part of the rolling-stock for the display of advertisements thereon.
(2.)
The Governor may grant to the tenant of any refreshment-room a license to sell any spirituous and fermented liquors, upon such terms and conditions and subject to such restrictions as are prescribed in by-laws made under this Act.
37 Conditions of leases to be submitted to Parliament.
1900, No. 27, sec. 38
(1.)
Particulars of the terms and conditions upon which any land or buildings are let or occupied under any of the last three preceding sections shall be laid before Parliament within ten days after the commencement of each session.
(2.)
No part of any land or buildings belonging to a railway shall be leased or occupied otherwise than in accordance with the aforesaid sections.
38 Powers of Governor as to use of railways, wharves, &c.
Ibid, sec. 39
The Governor may from time to time, in the name and on behalf of His Majesty, enter into any agreement or contract with any person for all or any of the following things:—
(a.)
Providing that such person may, for a period not exceeding twelve months, use any works, buildings, wharves, and jetties constructed and used in connection with a railway:
(b.)
Providing that His Majesty or the Minister, or any person authorised by the Minister, may use any works, buildings, wharves, and jetties belonging to any such person, and constructed and used in connection with any railway.
39 Powers of Minister as to use of railways, wharves, &c.
Ibid, sec. 40
The Minister may from time to time, in the name and on behalf of His Majesty, agree with any person for all or any of the following things:—
(a.)
For laying down any tramway or line of rails in or upon any wharf, quay, or dock, or upon any land vested in any such person, for the conveyance of goods, animals, and passengers to and from a railway:
(b.)
For the use of cranes, hoists, weighing and other machines, weights and measures, conveniences, or appliances belonging to any such person:
(c.)
For conveying wholly or partly, as may be agreed upon, or booking through to their destination on a railway, the passengers or luggage carried or conveyed by the steamers, coaches, or other conveyances of any such person:
(d.)
For the rates, fares, or charges to be payable for services performed by or on behalf of any person in connection with a railway:
(e.)
For the collection of the dues, tolls, charges, and fares, and for the payment of the same, or any part thereof, collected as aforesaid, to or on behalf of any person with whom any agreement as aforesaid is made:
(f.)
As to the payment to be made by the one party to the other party of such rates and charges as may be fixed in that behalf, and as to the time and mode of payment thereof, and the keeping of accounts between the parties:
(g.)
Generally for the settlement of such terms and conditions as may be necessary to give effect to the foregoing provisions.
40 Grant of easements.
Ibid, sec. 41
(1.)
The Minister may from time to time, in the name and on behalf of His Majesty, grant to any person any easement in, upon, through, over, or under any railway land, subject to such conditions and payments of rent as the Minister thinks fit, and subject to revocation without compensation at any time when the service of the public requires it, and subject also to immediate revocation in case of the breach of any conditions under which such easement was granted.
(2.)
Subject to such terms as to rental or other payment, and such other terms and conditions, as are deemed fit, and subject also in every case to the conditions as to revocation contained in subsection one hereof, the Minister may from time to time, in the name and on behalf of His Majesty, grant to any person any of the following easements, privileges, or concessions in respect of any railway land, that is to say:—
(a.)
Right of way or passage:
(b.)
Right of access to any railway by gateway or otherwise:
(c.)
Right to use water:
(d.)
Right to lay, construct, maintain, and use any tramway, roadway, footway, level crossing, water-race, sludge-channel, culvert, drain, pipe, loading-bank, weighbridge, wharf, stage, timber-slip, booms, crane, protective bank, sluice-gate, fence, or plantation:
(e.)
Right to cut timber, flax, or grass:
(f.)
Right to take away earth, clay, rock, ballast, gravel, or sand:
(g.)
Any other easement, privilege, or concession of a similar character.
Branch Lines and Sidings
41 Minister may agree to work branch railway or siding in connection with railway.
1900, No. 27, sec. 42
The Minister may agree with any person desiring to construct a branch railway or siding in connection with any Government railway for the construction and maintenance of so much of such branch or siding as may be within the limits of the railway, and for the working of such branch or siding in connection with the railway, subject, however, to the following conditions:—
Conditions.
(a.)
No such agreement shall have effect for more than ten years from the date thereof.
(b.)
The part of such branch or siding within the limits of the railway shall be deemed to be a part of the railway, and shall be worked subject to any regulations for the time being in force in respect of the railway or such part thereof.
(c.)
The part of such branch or siding without the limits of the railway shall be worked subject to such regulations as the Minister from time to time thinks fit to impose, whether by by-law or otherwise, providing for proper maintenance, with a view to protecting the railway and rolling-stock from injury, and to insuring safety and economy in working.
(d.)
If default is made in duly paying any moneys payable under such agreement, or in duly observing any of the other terms or conditions thereof, then and in any such case, and so long as such default continues, the Minister may at any time suspend the traffic upon such branch or siding, or close its connection with the railway.
(e.)
The Minister may at any time, after giving three months’ notice thereof to the owner or manager of such branch or siding, close or remove the connection with the railway.
(f.)
No compensation shall be payable to any person whatever for any loss or damage arising from the connection of any branch or siding with the railway being closed or removed under either of the two last preceding subsections hereof.
42 Minister may agree with companies for running-powers over lines.
1900, No. 27, sec. 43
(1.)
After the completion of any such branch or siding connected with a. Government railway, the Minister may agree with the person constructing or owning the branch or siding that any trains or rolling-stock the property of His Majesty may be run upon the branch or siding, and that any trains or rolling-stock the property of such person may be run upon any Government railway, upon such terms and conditions as are specified in the agreement.
(2.)
No such agreement shall have effect for more than three years from the date thereof.
(3.)
Nothing in this Act or in any such agreement shall be deemed to authorise any person to enter upon any Government railway for any purpose whatsoever, except with the written authority of the Minister first obtained in that behalf.
(4.)
Such agreement may provide for the payments to be made by the one party to the other party of such rates of charges as are fixed in that behalf, and as to the time and mode of payment of such charges, and the keeping of accounts between the parties.
(5.)
A copy of every such agreement shall, within twenty days after the making thereof, be laid before Parliament if then in session, or if not then within ten days after the commencement of the next ensuing session.
(6.)
For all purposes of conducting traffic, and for levying rates, fares, and other charges, and for the operation of by-laws and regulations, such branch or siding shall during the subsistence of such agreement be deemed to be a Government railway, and all the provisions of this Act which may be applicable thereto shall be applicable to such branch or siding accordingly, subject to such modifications or alterations as are prescribed by the Minister.
(7.)
Nothing in this section shall give to any such person any power or authority to enter into any agreement which is not within the scope of the powers or authorities possessed by him.
Miscellaneous Provisions
43 Level crossings.
Ibid, sec. 44
(1.)
Where a road or street crosses a railway on the level, the Minister shall maintain and metal the road and crossing on the railway and for a distance, on each side, of thirty-three feet outside the centre-line of any line of rails so crossed; and the local authority having charge of the road or street shall maintain and metal the approaches to such crossing, subject to the approval of the Minister.
(2.)
Where a road or street crosses over or under any railway by means of a bridge, the structure of such bridge shall be maintained by the Minister; but the road or street on or under such structure shall be maintained and metalled by the local authority having charge of the road or street.
44 Obstruction to traffic.
Ibid, sec. 45
If, upon the report of an engineer, the Minister is of opinion that any tree on land adjacent to a railway is likely, by falling or otherwise, to obstruct the traffic or endanger the travellers thereon, he may cause notice to be given to the owner or occupier of such land to remove such tree, and in default of such removal the Minister may cause the tree to be removed; but such owner or occupier may recover the amount of any cost or damage incurred or suffered by such removal.
45 No railways to cross Government railways without consent.
1900, No. 27, sec. 46
(1.)
Notwithstanding anything in any Act relating to railways or tramways, no railway or tramway shall cross any Government railway on the level except under an agreement previously entered into in that behalf between the Minister and the owner of such railway or tramway; and the Minister is hereby empowered to enter into such agreements upon such terms and conditions as he thinks fit, and to enforce the same whenever the occasion arises.
Powers of Minister on breach of agreement.
(2.)
Every such agreement shall provide that, in case default is made by the owner of such railway or tramway in carrying out the terms of any such agreement as aforesaid, the Minister may, in addition to the exercise of any other remedies prescribed by the agreement, remove the crossing, and all material used in connection therewith, from such Government railway.
46 Provisions as to inquiry.
Ibid, sec. 48
With respect to every departmental or other inquiry held by direction of the Minister or General Manager the following provisions shall apply:—
(a.)
All evidence taken shall be taken on oath, and the oath may be administered by the person or any of the persons appointed to hold the inquiry.
(b.)
The inquiry shall be deemed to be a judicial proceeding.
(c.)
If the inquiry is into any complaint or charge affecting the conduct or capacity of any person in the service of the Department, he shall be furnished with a written statement of the subject-matter of the complaint or charge.
47 Authority to spend money to cover payment of interest.
1905, No. 52, sec. 2
(1.)
Wherever in this Act or any other Act authority is given to the Minister to purchase any land or execute any work, such authority shall be deemed to include the payment of interest on any money due in respect of such purchase or of the execution of such work.
(2.)
This section applies to moneys due in respect of the purchase of any land or of the execution of any work authorised before, as well as after, the coming into operation of this Act.
Improvement of certain Railways authorised
48 Improvements on certain railways authorised.
1904, No. 40, sec. 2
(1.)
The Minister is hereby authorised to construct the improvements mentioned in the Second Schedule hereto on the railways mentioned in that Schedule.
Power to acquire land. Ibid, sec. 3
(2.)
The Governor may from time to time acquire on behalf of His Majesty as for a public work such lands required for the railways mentioned in the said Schedule as he deems necessary for the purpose of such improvements.
And to borrow money. Ibid, sec. 4 1907, No. 39, secs. 2 to 4
(3.)
In order to provide funds for the purposes of this section the Minister of Finance is hereby empowered from time to time to raise such sums of money as he thinks fit, not exceeding in the whole the sum of four hundred thousand pounds, and not exceeding in any financial year ending the thirty-first day of March the sum of one hundred and sixty-seven thousand five hundred pounds:
Provided that to the extent to which the full sum of one hundred and sixty-seven thousand five hundred pounds is not raised in any one financial year to the same extent the sums raised in any subsequent financial year may exceed one hundred and sixty-seven thousand five hundred pounds.
(4.)
The sums so raised shall bear interest at such rate, not exceeding four pounds ten shillings per centum per annum, as the Minister of Finance prescribes.
(5.)
The provisions of “The New Zealand Loans Act, 1908,”
shall apply to the sums raised under the authority of this section.
Application of moneys borrowed. 1904, No. 40, sec. 5
(6.)
All moneys raised under this section shall be paid into the Public Account to the credit of a separate account, and all moneys expended in the construction of the improvements hereby authorised shall from time to time be paid out of such separate account without further appropriation than this Act.
(7.)
All moneys raised under the authority of “The Railways Improvements Authorisation Act, 1904,”
or “The Railways Improvements Authorisation Act, 1907,”
shall be taken into account for the purposes of this section.
Part II Classification of the Department.
49 Department to be divided into two divisions.
1901, No. 45, sec. 3
(1.)
The Department shall be classified into two divisions—namely, First Division and Second Division—with their respective subdivisions, classes, subclasses, and grades, as set forth in the Third Schedule hereto.
(2.)
The classification as existing when this Act comes into operation shall be deemed to be the classification under this Act.
Rates of pay. Ibid, sec. 4
(3.)
Subject to the provisions of this Act the rates of pay, and of increment thereof, in each division shall be as mentioned in the said Third Schedule, and shall be regulated by the minimum and maximum limits therein mentioned, in so far as such limits are therein expressed to apply: Provided that—
(a.)
With respect to all persons who were members of the Department on the first day of April, one thousand nine hundred and two (being the date of the coming into operation of “The Government Railways Department Classification Act, 1901”
), nothing in this Act shall be construed to reduce the pay of any such member below the rate then actually received by him, or to prejudicially affect his right to any increases of pay provided for by any regulations then in force; also
(b.)
With respect to every member, the right to receive any increase of pay in any year shall in each case depend upon the efficiency and good conduct of the member to whose pay such increase is attached in the Third Schedule hereto, and no such increase shall be payable unless the permanent head of the Department certifies in writing that such member is entitled thereto.
1907, No. 67, sec. 3
(c.)
In no case shall such increase begin earlier than twelve months after the date on which the member’s last previous increase began to be payable.
50 Annual list to be laid before Parliament.
Ibid, sec. 3
From such classification there shall be prepared and laid before Parliament each year a list setting out in. order of classification the name, status, and pay of each member, and the number of years he has been in the service of the Department.
51 Permanent head to certify as to increases.
1901, No. 45, sec. 7
It shall be the duty of the permanent head of the Department to annually certify respecting each member to whose pay an increase is attached, whether he is or is not entitled thereto; and he shall also furnish, without comment thereon, a copy of all entries in the conduct-book relating to such member.
52 Appeal therefrom.
Ibid, sec. 8
Any member who is dissatisfied with such certificate respecting himself may appeal to the Appeal Board hereinafter referred to.
53 Moneys to be appropriated.
Ibid, sec. 9
Notwithstanding anything elsewhere contained in this Act, the following special provisions shall apply:—
(a.)
All sums payable under this Part of this Act shall be payable out of moneys appropriated by Parliament.
Governor may recommend rateable reduction or increase of pay.
(b.)
Before transmission of the message accompanying the estimates in any financial year in respect of the Department, the Governor may recommend, by message to the House of Representatives, a rateable reduction or increase, according to a specified rate, in the pay of each member.
(c.)
If such rateable reduction or increase is adopted by the House, then the respective rates of pay and increment thereof, as set forth in the Third Schedule hereto, shall be deemed to be modified accordingly, and shall so continue until again modified in manner aforesaid.
54 Leave of absence.
Ibid, sec. 10
(1.)
The Minister shall, at such times as may be convenient, grant to each member leave of absence.
(2.)
Such leave of absence shall be for not less than one week in each year, and shall be given to the member at one time.
55 Penalties for breach of regulations or rules.
Ibid, sec. 11
Any member who commits any breach of any regulation hereunder, or any rule or by-law of the Department, or who is guilty of any other misconduct, shall be liable to one or more of the following penalties:—
(a.)
Suspension; or
(b.)
A fine, not exceeding five pounds; or
(c.)
Reduction in status and pay; or
(d.)
Dismissal.
56 Powers of head of each branch to suspend, &c.
Ibid, sec. 12
Subject to regulations, the permanent head of the Department shall in respect of any member thereof, and the officer at the head of each branch thereof shall in respect of any member in that branch, have power to suspend, fine, or reduce any member, but no member shall be dismissed except by warrant of the Minister:
Provided that any such member shall have the right of appeal as hereinafter provided.
Appeal
57 Appeal Boards for North and South Islands.
Ibid, sec. 13
For the purpose of the Department an Appeal Board is hereby constituted for the North Island and the South Island respectively, each of which Boards shall consist of the following persons, that is to say:—
(a.)
A Judge of the District Court, or a Magistrate, to be appointed from time to time by the Governor, and to be the Chairman of the Board:
(b.)
One person to be elected by the members of the First Division in the North Island and South Island respectively from among their number: and
(c.)
One person to be elected from among their number by the members of each of the following branches of the Department in each of the aforesaid Islands—that is to say, the Workshops Branch, the Locomotive Running Branch, the Traffic Branch, and the Maintenance Branch; but in the case of each appeal only the person elected by the branch in which the appellant is employed shall act on the Board.
58 Appeal Boards under Act of 1901 continued in office.
1901, No. 45, sec. 14
The Appeal Boards constituted under “The Government Railways Department Classification Act, 1901,”
shall be deemed to be constituted under this Act, and the members thereof in office at the time of the coming into operation of this Act shall be deemed to be elected and appointed under this Act, and shall continue in office until the first Monday in April, one thousand nine hundred and eleven, and triennially thereafter the members of the respective Appeal Boards who are then in office shall retire and their successors shall come into office.
59 Provisions as to elections, resignations, and ballots.
Ibid, sec. 16
With respect to each Appeal Board the following provisions shall apply:—
(a.)
For the purpose of the ordinary election of the elective members of the Board a ballot shall be taken on the first Monday in March, one thousand nine hundred and eleven, and on the same Monday in every third year thereafter.
(b.)
If any member of the Board dies, or by notice in writing addressed to the Minister resigns his office, or, being an elective member of the Board, ceases to be a member of the Department, then and in any such case his seat shall become vacant, and a successor shall be appointed or elected, as the case may require, who shall hold office for the residue of the period during which his predecessor would have held the same if he had remained a member of the Board:
Provided that in any case where the seat of an elective member becomes vacant within three months before the ordinary election a ballot shall not be taken, but in lieu thereof the Governor may appoint to such vacancy.
(c.)
The ballot shall be taken in manner prescribed by regulations, and if any question or dispute arises as to the regularity or validity of any ballot, or the voting thereat, such question or dispute shall be determined by the Minister in such manner as he thinks fit, and his decision shall be final.
(d.)
Notice of every appointment or election of a member of the Board shall be gazetted.
(e.)
Each elective member of the Board shall be paid a travelling-allowance of not less than twelve shillings and sixpence per diem when absent from his headquarters on the service of the Board.
60 Right to appeal from decisions.
Ibid, sec. 17
Every member who is aggrieved with any decision of his superior officer may appeal therefrom in manner hereinafter provided.
61 When and where appeal to be lodged.
Ibid, sec. 18
Every appeal shall be instituted by notice of appeal, which shall, within one month after the date of the receipt by the member of the decision appealed against, be lodged in the prescribed form with the Minister, or with some member appointed by the Minister for that purpose, and every such appeal shall be heard within three months after the date of the lodging of such notice.
62 Minister to hear appeals against fines.
Ibid, sec. 19
(1.)
Appeals against fines imposed on members by their superior officers, under the provisions in that behalf hereinbefore contained, shall be made to the Minister when the fine does not exceed two pounds, who shall determine the same in such manner in all respects as he thinks fit.
Other appeals to Board.
(2.)
All other appeals shall be made to and determined by the Appeal Board for the Island in which the appellant was employed at the time when the decision appealed against was given:
Provided that if the appellant is a member of one of the Boards, his appeal shall be made to and be determined by the other Board.
63 Procedure as to appeals.
1901, No. 45, secs. 20, 23
With respect to the procedure on appeals heard by the Board the following provisions shall apply:—
(a.)
The Board for each Island shall hold its sittings in such town in that Island as the Chairman from time to time appoints.
(b.)
In order to lessen the expenses of appeals the evidence of witnesses resident more than twenty miles from the place of the sittings of the Board may be taken and used in the prescribed manner; and for that purpose the Governor may by regulations adopt such of the provisions of sections eighty-six to ninety of “The Magistrates’ Courts Act, 1908,”
with such modifications thereof or additions thereto, as he thinks fit.
(c.)
No solicitor, counsel, or agent, other than a member of the Department, shall appear or be heard on any appeal; but the appellant shall appear in person or by another member, and the Department by some member appointed by the Minister in that behalf.
(d.)
All evidence shall be taken on oath, and the Chairman may administer an oath.
(e.)
The decision of any two members of the Board shall be the decision of the Board.
(f.)
Subject to the provisions of this Act and the regulations hereunder, the Appeal Board may regulate its own procedure.
64 Powers of Minister and Board as to appeals.
Ibid, sec. 21
The Minister, in respect of appeals to him, and the Appeal Board in respect of appeals to it, shall have full power to confirm, modify, or disallow the decision appealed against, in such manner in all respects as is deemed just: Provided that—
(a.)
Every decision of the Appeal Board shall be submitted to the Minister, and no such decision shall take effect unless and until he signifies his approval thereof:
(b.)
In no case shall any person who has been dismissed for peculation or drunkenness be again appointed on the permanent staff of the Department.
65 Cost of appeals.
Ibid, sec. 22
With respect to the costs of appeal the following provisions shall apply:—
(a.)
In disposing of an appeal the Board may fix the costs thereof and direct by whom and in what proportions they shall be payable; and they shall be payable accordingly: Provided that—
(i.)
Costs shall not be given against the appellant unless the Board is of opinion that the appeal is frivolous and should not have been brought:
(ii.)
In no case shall the Board award any further or other costs than in respect of the expenses of witnesses.
(b.)
Such expenses shall be regulated according to the scale for the time being in force under “The Magistrates’ Courts Act, 1908,”
in the case of witnesses who are not members of the Department; and in the case of witnesses who are members, reasonable expenses will be allowed.
(c.)
For the purposes of this section the agent appearing for either of the parties to the appeal shall be deemed to be a witness, and shall be entitled to expenses accordingly.
(d.)
Costs awarded to the appellant shall be payable out of moneys to be appropriated by Parliament.
(e.)
Costs awarded against the appellant shall be recoverable as a debt due to the Crown.
66 Rights of officers transferred from Civil Service to Railway Department preserved.
1901, No. 45, sec. 25
(1.)
The Governor may from time to time appoint any person now or hereafter holding any office in the Civil Service to any office in the Department; and may transfer any such person to the Department, and direct what salary shall be paid to him, and in which division and class thereof he shall be placed under the provisions of this Act, and shall also name a date (past, present, or future) upon which such transfer shall take effect.
(2.)
On such appointment and transfer taking effect all the provisions of this Act and every other Act, and all regulations then or that may thereafter be in force relating to the Department, shall extend and apply to the person so appointed and transferred as aforesaid, who shall cease to have any rights in respect of his previous employment in the Civil Service, except as hereinafter expressly provided, that is to say,—
(a.)
The rights of every Civil servant, whether absolute or contingent, who shall be transferred to the Department shall, as regards claims for compensation for loss of office or for superannuation allowance, be and the same are hereby preserved up to the date when such transfer takes effect.
(b.)
If the services of any such person are dispensed with through any fault of his own, he shall not be entitled to any such compensation; but if, without having committed any such fault, his services are dispensed with by the Department, or he desires to retire from the service of the Department, he shall then receive such compensation for loss of office, calculated up to the date when his appointment and transfer to the Department took effect, as he would have been legally entitled to had be ceased to be in the Civil Service on such date:
Provided that no such person shall be allowed to retire voluntarily from the service of the Department unless he gives three months’ previous notice to the Minister of his intention so to do.
(c.)
If any such person has a claim to superannuation allowance which he would have been legally entitled to had he remained in the Civil Service, he shall be entitled to retire from the service of the Department upon such allowance, calculated up to the date when his appointment and transfer to the Department took effect.
(3.)
All moneys to be applied in payment of any such compensation or superannuation allowance shall be paid out of the Consolidated Fund, and, subject as aforesaid, shall be paid and allowed on the same terms and conditions as if the person affected had remained in the Civil Service.
67 Transfers.
1901, No. 45, sec. 26
Nothing in this Act shall operate or be construed to prevent any person employed in any position in the service of the Department attaining to any other position therein.
General
68 Regulations.
Ibid, sec. 24 1907, No. 67, sec. 4
For the purposes of this Part of this Act the Governor may from time to time, by Order in Council gazetted, make regulations not inconsistent with this Act for all or any of the following matters:—
(a.)
Determining the mode, terms, and conditions on which candidates for employment in the Department may enter the service thereof:
(b.)
Prescribing the times and places at which examination of candidates shall be held, the subjects of examination upon entrance or on promotion, the conduct of such examinations, the appointment and remuneration of examiners, and the granting of certificates as to the result of examinations:
(c.)
Prescribing fees to be paid by candidates prior to any such examination:
(d.)
Prescribing the respective duties to be performed by members, and the discipline to be generally observed in the performance of such duties:
(e.)
Determining the grounds upon which and the mode in which members may be promoted in the same class or to a higher class in the same division or subdivision, or may be transferred from one division or subdivision to another:
Provided that in no case shall any member be promoted except with the previous approval of the Minister:
(f.)
Determining the nature or character and extent of qualifications, examinations, or tests, according to the requirements of each of the higher branches of the Department, which members in lower branches shall possess or undergo for the purposes of promotion:
(g.)
Providing that no member shall, if he is married or is a widower with a child or children, receive a salary of less than one hundred and thirty pounds per annum:
(h.)
Providing that no member who is twenty-two years of age or upwards shall receive a salary of less than one hundred pounds per annum:
(i.)
Charging rent for house-accommodation provided by the Department and used or occupied by members for domestic purposes, and fixing, reducing, or abolishing any allowance for rent in lieu of house-accommodation:
(j.)
Providing for the temporary employment of any person in any branch of the Department, and providing that any person so employed who possesses expert or technical knowledge or skill may be appointed permanently, but subject to his compliance with the regulations then in force:
(k.)
Providing for the conduct of the elections of the Appeal Boards, and for facilities to be given to members for voting thereat, and to the elected persons for attending the sittings of the Board:
(l.)
Providing how and by whom charges of inefficiency or misconduct may be made against any member, and for the conduct of inquiries into any such charges, and for appeals:
(m.)
Prescribing in what manner and to what extent such charges, if proved, may be punished, and whether by suspension, fine, reduction of pay or of status, or by dismissal from the service:
(n.)
Regulating the procedure of Appeal Boards and the conduct of appeals, including the method of taking evidence at a distance:
(o.)
Regulating the terms and conditions on which leave of absence., passes, privileges, and allowances may be granted:
(p.)
Fixing the ages at which members shall retire in the different branches of the Department:
(q.)
Generally providing for any other matters that by this Act are expressed to be prescribed or that may be deemed necessary in order to give effect to this Act:
(r.)
Affixing to breaches of regulations under this Act, or of any rules or by-laws of the Department, according to the nature of the offence, penalties of such nature as are authorised or contemplated under this Act.
Part III Superannuation Fund.
69 Interpretation.
1902, No. 45, sec. 2 1903, No. 69, sec. 2
In this Part of this Act, if not inconsistent with the context,—
“Contributor” means a contributor to the fund:
“Fund” means the Government Railways Superannuation Fund:
“Medically unfit for further duty” means that on the certificate of at least two medical practitioners approved by the Board it is established to the satisfaction of the Board that, by reason of mental or bodily infirmity not caused by irregular or intemperate habits, the contributor has become permanently unable to perform his duties any longer:
“Pay” of a contributor means the rate of pay at which he is employed, but not including allowances or payment for overtime.
The Fund
70 Fund established.
1902, No. 45, sec. 3
(1.)
There is hereby established in connection with the Department a fund to be called “The Government Railways Superannuation Fund.”
(2.)
The fund established under “The Government Railways Superannuation Fund Act, 1902,”
shall be deemed to be the fund under this Act.
71 Moneys forming fund.
Ibid, sec. 4
The fund shall consist of—
(a.)
The moneys in or belonging to the fund at the time of the coining into operation of this Act:
(b.)
The contributions from persons employed by the Department, as hereinafter provided:
(c.)
The fines from time to time payable to the fund under section fifty-five hereof:
(d.)
Interest from time to time accruing from investment of the fund as hereinafter provided.
72 Saving of rights of contributors and of persons who elected not to contribute.
1902, No. 45, sec. 5
(1.)
All persons who immediately prior to the coming into operation of this Act were contributors to the fund shall be deemed to be contributors under this Act.
(2.)
Every person who on the first day of January, one thousand nine hundred and three (being the date of the coming into operation of “The Government Railways Superannuation Fund Act, 1902”
), was permanently employed in any capacity by the Department, and did not within six months after that date elect to become a contributor to the fund, shall not at any time thereafter become a contributor to the fund or participate in its benefits, but he shall still be entitled to any compensation which may be due to him under section seventy-six of “The Government Railways Act, 1887.”
73 Contribution to fund a condition of employment.
Ibid, sec. 6
With respect to persons who are hereafter first permanently employed in any capacity by the Department, it shall be a condition of their employment that they shall contribute to the fund and be entitled to its benefits as hereinafter provided.
74 Members’ contributions.
Ibid, sec. 7
(1.)
The contribution from members shall in each case be at the following percentage of the pay of each member respectively, and shall be deducted at each four-weekly railway accounting period, that is to say:—
(a.)
In the case of a member who became a contributor prior to the first day of January, one thousand nine hundred and eight (being the date of the coming into operation of “The Public Service Superannuation Act, 1907”
),—
(i.)
Three per centum if his age is not more than thirty years at the time when the first contribution becomes payable;
(ii.)
Four per centum if his age then exceeds thirty years but does not exceed thirty-five years;
(iii.)
Five per centum if his age then exceeds thirty-five years but does not exceed forty years;
(iv.)
Six per centum if his age then exceeds forty years but does not exceed forty-five years;
(v.)
Seven per centum if his age then exceeds forty-five years but does not exceed fifty years;
(vi.)
Ten per centum if his age then exceeds fifty years:
1907, No. 63, secs. 12, 38
(b.)
In the case of a member who becomes a contributor on or after that date,—
(vii.)
Five per centum if his age does not exceed thirty years at the time when the first contribution becomes payable;
(viii.)
Six per centum if his age then exceeds thirty years but does not exceed thirty-five years;
(ix.)
Seven per centum if his age then exceeds thirty-five years but does not exceed forty years;
(x.)
Eight per centum if his age then exceeds forty years but does not exceed forty-five years;
(xi.)
Nine per centum if his age then exceeds forty-five years but does not exceed fifty years; and
(xii.)
Ten per centum if his age then exceeds fifty years.
(2.)
In the case of every member his contributions under “The Government Railways Superannuation Fund Act, 1902,”
shall be deemed to be contributions under this Act, and his rights and liabilities shall be regulated accordingly.
75 To be paid to Public Trustee.
1902, No. 45 sec. 8
The amount so deducted shall forthwith be paid by the Department to the Public Trustee to the credit of an account in the name of the fund.
76 Investment of fund.
Ibid, sec. 10
The Public Trustee shall from time to time invest the fund, or any part thereof, in such lawful securities as will return the highest rate of interest.
77 Administration of fund.
Ibid, sec. 11
(1.)
The fund shall be administered by a Board, called “The Government Railways Superannuation Fund Board”
(hereinafter referred to as “the Board”
), and consisting of nine members, namely:—
The Minister:
The Solicitor-General:
The Public Trustee:
The General Manager of Government Railways:
Two persons to be elected from among their number by the contributors who are members of the First Division of the Department, one representing the North Island and the other the South Island:
Three persons to be elected from among their number by the contributors who are members of the Second Division of the Department.
(2.)
At all meetings of the Board four shall form a quorum.
(3.)
The Minister shall be chairman at all meetings of the Board at which he is present, and at any meeting at which he is not present the Board shall appoint a chairman from the members present.
(4.)
Subject to the regulations under this Act, the Board may prescribe its own procedure.
(5.)
The Board constituted under “The Government Railways Superannuation Fund Act, 1902,”
shall be deemed to be the Board under this Part of this Act.
78 Elective members.
Ibid, sec. 12
With respect to the elective members of the Board the following provisions shall apply:—
(a.)
They shall be elected by ballot in the manner prescribed by regulations, such regulations to provide for the appointment of scrutineers by the contributors.
(b.)
An election shall be taken on the first Monday in March, one thousand nine hundred and eleven, and thereafter on the same Monday in every third year.
(c.)
Any question arising as to the regularity or validity of any ballot, or the voting thereat, shall be determined by the Minister in such manner as he thinks fit, and his decision shall be final.
(d.)
If an elective member of the Board dies, or by notice in writing addressed to the Minister resigns his office, or ceases to be a member of the Department, then in any such case his seat shall become vacant, and a successor shall be elected, who shall hold office only for the remainder of his predecessor’s term of office:
Provided that where the vacancy occurs within three months before the ordinary election a ballot shall not be taken, but in lieu thereof the Governor may appoint to the vacancy.
(e.)
Notice of the election or appointment of any member shall be gazetted.
(f.)
The elective members now in office shall continue in office until their successors are elected or appointed under this Act.
Benefits of the Fund
79 Application of fund.
1902, No. 45, sec. 13
The fund shall be held and applied for the benefit of the contributors in the manner and subject to the conditions hereinafter set forth.
80 Retiring-allowance.
Ibid, sec. 14
(1.)
Every contributor whose length of service in the Department is not less than forty years, or whose age is not less than sixty years, may at any time retire from the service of the Department at the expiration of three months’ notice of his intention so to do, and shall thereupon be entitled to receive from the fund an annual allowance for the rest of his life computed as follows:—
For every year of service he shall receive one-sixtieth part of his annual rate of pay, but in no case shall the total yearly allowance exceed two-thirds of such annual rate of pay:
Provided that the Board may, with the consent of the Minister, extend the provisions of this section to any case where the contributor’s service is not less than thirty-five years but does not amount to forty years.
1904, No. 43, sec. 2
(2.)
For the purposes of this section provincial service shall count as service in the Department in all cases in which such provincial service was continuous with service under the Department.
81 Contributors medically unfit for duty to participate.
1902, No. 45, sec. 15
Every contributor who with the consent or by the direction of the Minister retires from the service of the Department on the ground of being medically unfit for further duty shall on his retirement be entitled to receive from the fund an allowance for the rest of his life computed as mentioned in the last preceding section, but not exceeding the maximum amount therein limited.
82 Contributor voluntarily retiring or dismissed.
Ibid, sec. 16
(1.)
If any contributor voluntarily retires from the service of the Department before becoming entitled to a retiring-allowance under this Act, or if his services are dispensed with from any cause other than misconduct, he shall be entitled to a refund of the whole amount actually contributed by him to the fund, but without interest, together with any compensation to which he is entitled under section seventy-six of “The Government Railways Act, 1887.”
(2.)
If any contributor is dismissed or his services are otherwise dispensed with for misconduct, he shall be entitled to a refund of the whole amount actually contributed by him to the fund, but without interest.
Death of contributor before retirement.
(3.)
If any contributor dies before becoming entitled to any retiring-allowance, there shall be paid to his legal personal representatives the whole amount actually contributed by him to the fund, but without interest, together with any compensation to which he is entitled under section seventy-six of “The Government Railways Act, 1887.”
(4.)
But if such contributor dies leaving a wife or children him surviving, then (in lieu of such payment to his legal personal representatives) there shall be paid to or for the benefit of his widow, during her widowhood, the annual sum of eighteen pounds, with an additional sum to be paid to or for the benefit of his children (if any) of five shillings per week in the case of each child until the child attains the age of fourteen years.
(5.)
The annual payment to or for the benefit of the widow or children shall be made in such manner, to such person, and by such instalments during the year as the Board thinks fit, but in no case shall payments be at longer intervals than four weeks.
(6.)
Or the widow may, if she so elects, be paid in a lump sum, in lieu of the foregoing allowance, such portion of the amount of contributions actually paid by the contributor to the fund, and of the compensation to which the contributor was entitled under section seventy-six of “The Government Railways Act, 1887,”
as the Board, having regard to the rights of the children (if any), thinks fit.
83 Contributions while pay stopped for ill health.
1902, No. 45, sec. 17
If at any time the pay of a contributor is temporarily stopped by the Department on the ground of ill health, he shall be permitted to continue to contribute to the fund in such manner as may be prescribed by regulations; but his rights to the benefits provided by this Act shall not be affected by such stoppage, notwithstanding that he does not contribute to the fund during the period of such stoppage.
84 Basis of contribution to the fund.
Ibid, sec. 18
(1.)
In every case where, under the provisions of this Act, any life allowance or other money granted to a member on his retirement is computed on the basis of his pay, such pay shall be deemed to be the rate of pay he is receiving at the time of his retirement, unless within the previous five years he has served in any grade beneath that held by him at the time of his retirement, in which case such pay shall be deemed to be the average rate of pay received by him during the seven years next preceding his retirement.
(2.)
Where a contributor’s pay is temporarily reduced, or where through age or infirmity he is transferred to a subordinate position to that which he previously occupied, his retiring-allowance shall be computed on the maximum rate of pay he received before such reduction or transfer.
Miscellaneous
85 Government guarantee of any deficiency in fund.
Ibid, sec. 19
In the event of the fund at any time being unable to meet the charges upon it, and as often as such occurs, the following special provisions shall apply:—
(a.)
The Board shall forthwith report the fact to the Minister of Finance, setting forth the amount of deficiency and the causes thereof.
(b.)
The Minister of Finance, upon being satisfied that the deficiency exists, and that provision is necessary therefor, shall, without further appropriation than this Act, pay into the fund out of the Consolidated Fund a sum sufficient to meet the deficiency.
(c.)
The Board’s report, together with a statement by the Minister of Finance of his action thereon, shall be laid before Parliament within ten days after the receipt of the reports, if Parliament is then sitting, or if not, then within ten days after the commencement of the next ensuing session thereof.
86 Retiring-allowance to be paid monthly.
Ibid, sec. 20
With respect to every retiring-allowance granted under this Act the following provisions shall apply:—
(a.)
The retiring-allowance shall be paid by equal monthly instalments, the first instalment being payable one month after the date of the grantee’s retirement.
Grantee may elect to receive refund of contributions.
(b.)
The grantee may, on his retirement, or at any time before receiving his first instalment, elect to accept a sum equal to the total amount of his contributions to the fund, together with any compensation to which he is entitled under section seventy-six of “The Government Railways Act, 1887,”
in lieu of his retiring-allowance, in which case he shall be entitled to receive such sum in lieu of an allowance.
On death of grantee, benefit of widow and children.
(c.)
If, not having so elected, he dies before the total amount paid to him in respect of retiring-allowance is equal to the total amount of his contributions to the fund, together with the amount of compensation to which he is entitled under section seventy-six of “The Government Railways Act, 1887,”
the Board shall apply for the benefit of his widow and children or legal representatives the difference between the aforesaid amounts.
Retiring-allowance or instalment may be forfeited.
(d.)
In the case of a retiring-allowance being granted before the contributor has completed forty years’ service or has attained the age of sixty years, on the ground of his being medically unfit for further duty, his retiring-allowance, or any one or more instalments thereof, may be forfeited by the Board if he fails to submit himself for further medical examination when required by the Minister, or if, being reported medically fit to return to duty, he fails to do so when required by the Minister.
(e.)
If he is convicted of any crime on indictment, or if he is convicted as an associate of thieves or prostitutes, his retiring-allowance shall be administered for the benefit of his wife and children (if he have any), as the Board may see fit, or for his own maintenance when the Board is satisfied that he is of good behaviour.
87 Return to duty after being medically unfit.
1902, No. 45, sec. 21
Where by the direction or with the consent of the Minister a contributor returns to duty while in receipt of a retiring-allowance, his allowance shall cease, and all his rights and liabilities under this Act as a contributor shall revive.
88 Retiring-allowance not alienable.
Ibid, sec. 22
In no case shall any retiring-allowance or other money granted under this Part of this Act be in any way assigned, transferred, or alienated from the grantee, or be subject to “The Bankruptcy Act, 1908.”
89 Provision where payment made under Workers’ Compensation for Accidents Act.
Ibid, sec. 23
Where any payment is made under “The Workers’ Compensation for Accidents Act, 1908,”
in respect of an accident to a contributor, the following provisions shall apply:—
(a.)
Where death results from the accident, the benefits that would accrue under this Act in respect of that contributor shall absolutely cease and determine, but his legal representatives shall be entitled to a refund of the whole amount actually contributed by him to the fund, but without interest; and
(b.)
Where total or partial disability results from the accident so that the contributor becomes medically unfit for further duty, he shall not be entitled to any allowance under this Act during the period to which the payment relates, except so far as the payment is less than such allowance.
90 Board to keep accounts.
Ibid, sec. 24
The Board shall keep full and correct accounts of all moneys received and expended, and of all credits and liabilities, and shall, within twenty-eight days after the thirty-first day of March in every year, cause to be prepared a balance-sheet for the year, together with a statement of receipts and expenditure for the year.
91 Balance-sheet.
1902, No. 45, sec. 25
Such balance-sheet and statement of accounts, after being audited by the Audit Office, shall, within ten days after the completion of the audit, be laid by the Minister before Parliament if sitting, or if not, then within ten days after the commencement of the next ensuing session, and a copy thereof shall be sent to each contributor.
92 Scheme may be modified.
Ibid, sec. 26
The rights and benefits provided for by this Part of this Act shall be subject to all such modifications as may be provided by any Act hereafter passed in amendment or repeal of this Act:
Provided that all benefits under this Act shall be conferred upon any person who has actually contributed, and shall remain in force and shall not be prejudicially affected by the amendment or the repeal of this Act:
Provided also that nothing in this section shall affect any payments actually made to any member or other person under this Act prior to the passing of such amending or repealing Act.
93 Length of service in certain cases.
Ibid, sec. 27
In the case of contributors who are not included in the annual classification-list under Part II of this Act, the Governor may by Order in Council determine the length of service of such contributors for the purposes of this Part of this Act.
94 Regulations.
Ibid, sec. 28
The Governor may from time to time, by Order in Council gazetted, make such regulations as he thinks necessary for any of the following purposes:—
(a.)
Prescribing the powers, functions, and procedure of the Board; and
(b.)
Generally prescribing whatever else he thinks necessary in order to give full effect to this Part of this Act.
95 Service of Midland Railway employees for superannuation purposes.
1905, No. 62, sec. 23
For the purposes of this Part of this Act the persons who on the taking-over of the Midland Railway were employees of the New Zealand Midland Railway Company and joined the Government Railways Department shall be deemed to have been employed in the said Department as from the twenty-seventh day of May, one thousand eight hundred and ninety-five (being the date of such taking-over as aforesaid), and shall be entitled to count their service accordingly.
Special Provision for Employees of the Wellington and Manawatu Railway Company
96 Provisions of this Part may be applied to employees of Wellington and Manawatu Railway Company.
1907, No. 63, sec. 41
(1.)
The Minister may at any time, by notice in the Gazette, declare that the provisions of this Part of this Act shall extend and apply to persons employed by the Wellington and Manawatu Railway Company (Limited); and, subject to the provisions of this section, such provisions shall be extended and apply accordingly as from a date to be fixed by the Minister in such notice.
(2.)
Every person who at the date so fixed is permanently employed in any capacity by the said company may at any time within six months after that date elect to become a contributor to the Government Railways Superannuation Fund; and if he so elects he shall, subject to the provisions of this Part of this Act, be entitled to all the benefits of the said fund in the same manner as if he had first entered the service of the Government Railways Department at the time when he so elects:
Provided that his rate of contribution shall be determined as if he had become a contributor prior to the date mentioned in paragraph (a) of section seventy-four hereof.
Provided also that any such person may, if he so desires, pay into the said fund, either in one sum or in such payments as may be prescribed by regulations, the amount of contributions that would have been payable by him had he become a contributor on the first day of January, one thousand nine hundred and three (the date when “The Government Railways Superannuation Fund Act, 1902,”
came into operation), and in such case the benefits to which he is entitled shall be computed as from such last-mentioned date, and the rate of his contributions shall be the same as if he had become a contributor to the said fund on that date:
Provided further that, in consideration of the company paying into the fund by way of subsidy either a sum of five thousand pounds or the sum of one thousand pounds per annum for a period of five years (which payments the company is hereby authorised to make), the benefits accruing to any person in the employ of the company on the first day of January, one thousand nine hundred and eight (being the date of the coming into operation of “The Public Service Superannuation Act, 1907”
), and who pays contributions as from the said first day of January, one thousand nine hundred and three, shall be computed on his full period of continuous service with the company.
(3.)
With respect to persons who after the date fixed by the Minister as aforesaid are first permanently employed in any capacity by the said company, it shall be a condition of their employment that they shall be contributors to the said fund and be entitled to its benefits:
Provided that before entering the company’s service every such person shall be required to pass the medical examination prescribed by the Government Railways Department in respect to persons who are entering the Government Railways service, and such examination shall be made by the Government Railway Medical Officer at the expense of the company.
(4.)
The said company shall from time to time, when requested by the Minister, furnish him with such information respecting the names of persons in its employ, their age, length of service, and otherwise, as he may require.
(5.)
The Governor may from time to time, by Order in Council gazetted, make such regulations as may be necessary for the carrying-out of this section.
SCHEDULES
FIRST SCHEDULE Enactments consolidated.
1900, No. 27.—“The Government Railways Act, 1900.”
1901, No. 45.—“The Government Railways Department Classification Act, 1901.”
1902, No. 45.—“The Government Railways Superannuation Fund Act, 1902.”
1903, No. 69.—“The Government Railways Superannuation Fund Contributions Act, 1903.”
1904, No. 40.—“The Railways Improvements Authorisation Act, 1904.”
1904, No. 43.—“The Railway Service Computation Act, 1904.”
1905, No. 52.—“The Government Railways Act Amendment Act, 1905.”
1905, No. 62.—“The Appropriation Act, 1905”
: Section 23.
1907, No. 39.—“The Railways Improvements Authorisation Act, 1907.”
1907, No. 63.—“The Public Service Superannuation Act, 1907”
:Section 41, and sections 12 and 38 so far as applicable.
1907, No. 67.—“The Government Railways Department Classification Act, 1907.”
SECOND SCHEDULE
Section 48. 1904, No. 40 Schedule.
| Name of Railway, | Description of Improvements. | Estimated Cost of Improvements. |
|---|---|---|
| £ | ||
| Auckland to Penrose | Duplication of line | 70,000 |
| Addington to Rolleston | Duplication of line | 50,000 |
| Dunedin to Mosgiel | Duplication and deviation of line as shown on Plan No. 13066, deposited in the Government Rail way Offices, Wellington | 130,000 |
THIRD SCHEDULE Classification of the Department
Section 49. 1907, No. 67, Schedule.
FIRST DIVISION
| Designation. | Pay per Annum. | Annual Increments. | |
|---|---|---|---|
| Minimum. | Maximum. | ||
| SUBDIVISION 1. | |||
| Class 1: General Management. | |||
| £ | £ | ||
| General Manager | 1,000 | 1,250 | Five of £50. |
| Subclass 1. | |||
| Chief Clerk | 600 | 700 | Two of £50. |
| Chief Accountant | 600 | 700 | Two of £50. |
| Class 2: Branch Management. | |||
| Chief Engineer (in charge of Maintenance Branch) | 800 | 900 | Two of £50. |
| Chief Mechanical Engineer (in charge of Locomotive, Carriage, and Wagon Branch) | 800 | 900 | Two of £50. |
| Chief Traffic Manager | 800 | 900 | Two of £50. |
| SUBDIVISION II. | |||
| Salaried Staff not otherwise specified. | |||
| 1st grade | 625 | 700 | Three of £25. |
| 2nd grade | 545 | 600 | Two of £15 and one of £25. |
| 3rd grade | 470 | 525 | One of £15 and two of £20. |
| 4th grade | 420 | 450 | Two of £15. |
| 5th grade | 370 | 400 | Two of £15. |
| 6th grade | 315 | 355 | Two of £15 and one of £10. |
| 7th grade | 260 | 300 | Two of £15 and one of £10. |
| 8th grade | 240 | 255 | One of £15. |
| 9th grade | 210 | 220 | One of £10. |
| 10th grade | 120 | 200 | Pour of £15 and two of £10. |
| £ | |
|---|---|
| Cadets, 5th year | 110 |
| Cadets, 4th year | 95 |
| Cadets, 3rd year | 80 |
| Cadets, 2nd year | 65 |
| Cadets, 1st year | 50 |
Engineering (civil and mechanical) and drafting cadets, £10 per annum additional to above rates, and on completion of their cadetship will start in the 10th grade at £135.
Cadets living away from their homes when on duty will be paid 10s. a week lodging-allowance during the first year, 8s. a week during the second, and 5s. a week during the third.
Cadets (other than engineering and drafting) who pass the Matriculation Examination or pass the Junior Civil Service Examination with credit will be allowed to count six months’ service therefor, and for passing the Senior Civil Service Examination they will be allowed to count twelve months’ service.
Cadets (other than engineering and drafting) who are certified by competent teachers as able to write one hundred words per minute in shorthand will be allowed to count six months’ service for such certificate: Provided, however, that in the case of youths passing the Senior Civil Service Examination, shorthand shall not have been one of the subjects taken to enable them to pass.
SECOND DIVISION.
| Designation | Grade. | Pay. | Annual increments. | |||
|---|---|---|---|---|---|---|
| Minimum. | Maximum. | |||||
| Class 1: Traffic and Stores. | ||||||
| Per Day. | ||||||
| s. | d. | s. | d. | |||
| Guards | 1 | 9 | 6 | 11 | 0 | One of 1s. and one of 6d. per day. |
| (Maximum number not to exceed 50 per cent. of total number in both grades.) | ||||||
| Guards | 2 | 8 | 6 | 9 | 0 | One of 6d. per day. |
| Signalmen, storemen, and shunters | 1 | 9 | 6 | 11 | 0 | One of 1s. and one of 6d. per day. |
| (Maximum number not to exceed one-third of total number in both grades.) | ||||||
| Signalmen, storemen, and shunters | 2 | 8 | 6 | 9 | 0 | One of 6d. per day. |
| Horse-drivers | 8 | 6 | 9 | 0 | One of 6d. per day. | |
| Crane-drivers | 1 | 9 | 0 | 9 | 6 | One of 6d. per day. |
| Crane-drivers | 2 | 8 | 6 | |||
| Crossing - keepers and bridge-keepers | 7 | 0 | ||||
| Labourers | 8 | 0 | ||||
| Porters | 8 | 0 | ||||
| Junior porters | 5 | 0 | Two of 6d. and two of 1s. per day. | |||
| (Crossing-keepers on important busy crossings 6d. per day additional.) | ||||||
| Per Week. | ||||||
| Night-watchmen | 45 | 0 | ||||
| Female waiting-room attendants | 30 | 0 | ||||
| Hanmer Motor Service. | ||||||
| Per Week. | ||||||
| £ | s. | £ | s. | |||
| Chauffeur in charge | 4 | 0 | 5 | 0 | Four of 5s. per week. | |
| Per Day. | ||||||
| s. | d. | s. | d. | |||
| Chauffeurs | 1 | 10 | 0 | 10 | 6 | One of 6d. per day. |
| Chauffeurs | 2 | 9 | 6 | |||
| Lake Wakatipu Steamer Service. | ||||||
| Per Calendar Month. | ||||||
| £ | s. | £ | s. | |||
| Captains | 1 | 15 | 0 | 16 | 0 | Two of 10s. per month. |
| Captains | 2 | 13 | 0 | 14 | 10 | Three of 10s. per month. |
| Engineers | 1 | 15 | 0 | 16 | 0 | Two of 10s. per month. |
| Engineers | 2 | 13 | 0 | 14 | 10 | Three of 10s. per month. |
| Firemen | 1 | 10 | 0 | 10 | 10 | One of 10s. per month. |
| Firemen | 2 | 9 | 0 | 9 | 10 | One of 10s. per month. |
| Mates | 1 | 9 | 10 | |||
| Mates | 2 | 9 | 0 | |||
| Deck hands | 8 | 0 | 8 | 10 | One of 10s. per month. | |
| Class 2: Locomotive. | ||||||
| Per Day. | ||||||
| s. | d. | s. | d. | |||
|
Subclass 1: Leading tradesmen— Leading fitters, turners, boilermakers, springmakers, blacksmiths, carpenters, patternmakers, painters, moulders, and coppersmiths |
1 | 12 | 0 | 12 | 6 | One of 6d. per day. |
| Ditto | 2 | 11 | 6 | |||
| Other leading hands | 11 | 0 | ||||
|
Subclass 2: Fitters, turners, boilermakers, springmakers, blacksmiths, carpenters, patternmakers, painters, moulders, coppersmiths, tinsmiths, trimmers, and sailmakers |
1 | 10 | 0 | 10 | 6 | One of 6d. per day. |
| Ditto | 2 | 9 | 6 | |||
| Boilermakers marking off new boiler-work; fitters marking off new work | 6d. per day in addition to the Schedule rates for Subclass 2. | |||||
| Blacksmiths engaged on new engine work | Ditto. | |||||
| Angle-iron smiths | ” | |||||
| Steel-moulders | ” | |||||
| Per Day. | ||||||
| s. | d. | s. | d. | |||
| Subclass 3: | ||||||
| Junior tradesmen who have served an apprenticeship in New Zealand railway workshops of less than five years: until completion of five years’ service | 8 | 0 | ||||
| Apprentices— | ||||||
| 1st year | 1 | 6 | ||||
| 2nd ” | 2 | 0 | ||||
| 3rd ” | 2 | 6 | ||||
| 4th ” | 3 | 0 | ||||
| 5th ” | 4 | 0 | ||||
| Subclass 4: | ||||||
| Wood-working machinists | 1 | 9 | 6 | 10 | 0 | One of 6d. per day. |
| Wood-working machinists | 2 | 8 | 6 | 9 | 0 | One of 6d. per day. |
| Subclass 5: | ||||||
| Iron-working machinists, strikers, holders-up, and fettlers | 1 | 9 | 0 | |||
| Ditto | 2 | 8 | 6 | |||
| Subclass 6: | ||||||
| Forgemen | 12 | 6 | 15 | 0 | ||
| Furnacemeu and helpers | 1 | 9 | 0 | 10 | 0 | Two of 6d. per day. |
| Furnacemen and helpers | 2 | 8 | 6 | |||
| Subclass 7: | ||||||
| Labourers (leading) | 9 | 0 | ||||
| Labourers (skilled) | 8 | 6 | ||||
| Labourers | 8 | 0 | ||||
| Subclass 8: | ||||||
| Engine-drivers and night foremen of cleaners | 1 | 12 | 0 | 12 | 6 | One of 6d. per day. |
| (Maximum number not to exceed 50 per cent. of total number in both grades. | ||||||
| Engine-drivers and night foremen of cleaners | 2 | 10 | 6 | 11 | 6 | Two of 6d. per day. |
| Firemen | 1 | 9 | 0 | 9 | 6 | One of 6d. per day. |
| (Maximum number not to exceed 50 per cent. of total number in both grades.) | ||||||
| Firemen | 2 | 8 | 6 | |||
| Cleaners | 5 | 0 | Two of 6d. and two of 1s. per day. | |||
| Washout - men, crane - drivers, shop-enginemen, and gasmen | 1 | 9 | 0 | 9 | 6 | One of 6d. per day. |
| Ditto | 2 | 8 | 6 | |||
| Storemen | 1 | 8 | 6 | |||
| Storemen | 2 | 8 | 0 | |||
| Subclass 9: | ||||||
| Train examiners and lifters | 1 | 9 | 0 | 9 | 6 | One of 6d. per day. |
| (Maximum number not to exceed 50 per cent. of total number in both grades.) | ||||||
| Train examiners and lifters | 2 | 8 | 6 | |||
| Per Day. | ||||||
| s. | d. | s. | d. | |||
| Coalmen in charge of steam-pump | 8 | 6 | 9 | 0 | One of 6d. per day. | |
| Coalmen | 8 | 0 | ||||
| (Coalmen at important centres when in charge of coal-discharging gangs, 1s. per day additional.) | ||||||
| Per Week. | ||||||
| Watchmen | 45 | 0 | ||||
| Per Day. | ||||||
| Junior labourers, junior strikers, and junior machinists | 5 | 0 | Two of 6d. and two of 1s. per day in the case of junior labourers; and in the case of junior strikers and junior machinists, two of 6d., two of 1s., and another of 6d. per day. | |||
| Rivet boys | 4 | 0 | ||||
| Class 3: Maintenance. | ||||||
| Per Day. | ||||||
| Subclass 1: Leading tradesmen— | S. | d. | s. | d. | ||
| Leading masons and bricklayers | 12 | 6 | ||||
| Subclass 2: | ||||||
| Leading blacksmiths, fitters, and carpenters | 1 | 12 | 0 | 12 | 6 | One of 6d. per day. |
| Ditto | 2 | 11 | 6 | |||
| Subclass 3: | ||||||
| Leading painters and plumbers | 11 | 0 | ||||
| Subclass 4: Tradesmen— | ||||||
| Masons and bricklayers | 1 | 11 | 6 | |||
| Masons and bricklayers | 2 | 10 | 6 | |||
| Subclass 5: | ||||||
| Fitters, blacksmiths, carpenters, painters, and plumbers | 1 | 10 | 0 | 10 | 6 | One of 6d. per day. |
| Ditto | 2 | 9 | 6 | |||
| Subclass 6: | ||||||
| Junior tradesmen who have served an apprenticeship in New Zealand railway workshops of less than five years: until completion of five years’ service | 8 | 0 | ||||
| Apprentices— | ||||||
| 1st year | 1 | 6 | ||||
| 2nd ” | 2 | 0 | ||||
| 3rd ” | 2 | 6 | ||||
| 4th ” | 3 | 0 | ||||
| 5th ” | 4 | 0 | ||||
| Subclass 7: | ||||||
| Bridgemen | 9 | 0 | ||||
| Subclass 8: | s. | d. | s. | d. | ||
| Donkey-engine drivers, crane-drivers, and shop enginemen | 1 | 9 | 0 | 9 | 6 | One of 6d. per day. |
| Ditto | 2 | 8 | 6 | |||
| Subclass 9: Special hands— | ||||||
| Horse-drivers | 8 | 6 | 9 | 0 | One of 6d. per day. | |
| Strikers | 1 | 9 | 0 | |||
| Strikers | 2 | 8 | 6 | |||
| Skilled labourers | 9 | 0 | ||||
| Subclass 10: | ||||||
| Gangers in charge of specially important works and of large yards | 10 | 6 | ||||
| Subclass 11: | ||||||
| Gangers | 1 | 9 | 6 | |||
| (Maximum number not to exceed 25 per cent. of total number in both grades.) | ||||||
| Gangers | 2 | 9 | 0 | |||
| (Gangers in Subclass 11, residing in isolated places, 6d. per day additional.) | ||||||
| Subclass 12: Surfacemen, &c.— | ||||||
| Platelayers in relaying gangs | 8 | 6 | ||||
| Surfacemen-miners | 8 | 6 | ||||
| Surfacemen | 8 | 0 | ||||
| (Surfacemen residing in isolated places, 6d. per day additional.) | ||||||
| Junior surfacemen, junior platelayers, and junior labourers | 5 | 0 | Two of 6d. and two of 1s. per day. | |||
| Subclass 13: | ||||||
| Nurserymen | 8 | 6 | ||||
| Fencers | 8 | 0 | ||||
| Subclass 14: Labourers— | ||||||
| Labourers | 1 | 8 | 0 | |||
| Labourers (disabled workmen, a few special cases as places may be available) | 2 | 7 | 0 | |||
| Ditto | 3 | 6 | 0 | |||
| Subclass 15: | ||||||
| Signal-adjusters | 1 | 11 | 6 | 12 | 0 | One of 6d. per day. |
| Signal-adjusters | 2 | 11 | 0 | |||
| Signal-erectors (leading bands) | 11 | 0 | ||||
| Signal-erectors | 1 | 10 | 6 | |||
| Signal-erectors | 2 | 9 | 6 | |||
| Signal-erectors | 3 | 8 | 6 | |||
| Signal-erectors | 4 | 8 | 0 | |||
| Subclass 16: | ||||||
| Electric-line men | 1 | 11 | 0 | |||
| Electric-line men | 2 | 10 | 6 | |||
| Electric-line erectors (leading hands) | 9 | 6 | ||||
| Electric-line erectors | 1 | 8 | 6 | |||
| Electric-line erectors | 2 | 8 | 0 | |||
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Government Railways Act 1908
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