There shall be a Department of State to be called the New Zealand Government Railways Department, which shall be the same Department as that existing under the same name at the commencement of this Act.

The New Zealand Government Railways Department shall comprise that branch of the Government service employed in connection with Government railways open for traffic and such other services as are lawfully carried on by the Minister.

The Governor-General may from time to time appoint a Minister of the Crown to be Minister of Railways.

There shall from time to time be appointed a General Manager of Railways, who, under the control of the Minister, shall be charged with the administration of this Act.

On the occurrence from any cause of a vacancy in the office of General Manager (whether by reason of death or resignation or otherwise), or if the General Manager is absent from duty or from his headquarters for any reason whatsoever, the powers, duties, and functions of the General Manager may be exercised and performed by any person authorized in that behalf by the Minister.

The fact that any person exercises or performs any power, duty, or function of the General Manager with the concurrence of the Minister shall be conclusive evidence of his authority so to do.

For the purposes of this section the powers, duties, and functions of the General Manager shall be deemed to include such of the powers of the Minister as the General Manager may for the time being be authorized to exercise pursuant to a delegation under the next succeeding section.

The Minister may from time to time, by writing under his hand, delegate to the General Manager such of his statutory powers as he may think fit.

Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

Any such delegation may be made subject to such restrictions and conditions as the Minister thinks fit, and may be made either generally or in relation to any particular case.

Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Minister by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister and, in the event of the General Manager to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as General Manager or, if there is no General Manager in office, to the person for the time being authorized under the last preceding section to exercise and perform the powers, duties, and functions of the General Manager.

The fact that the General Manager or any person acting for the General Manager as aforesaid exercises any power of the Minister shall, in the absence of proof to the contrary, be sufficient evidence of his authority so to do.

In any case where the Minister has, pursuant to the last preceding section, delegated any of his statutory powers to the General Manager, the General Manager may, with the prior approval in writing of the Minister, delegate such of those powers as the Minister thinks fit to any employee or to the holder for the time being of any specified office in the Department.

The General Manager may delegate any other power which he is entitled to exercise under this Act to any employee or to the holder for the time being of any specified office in the Department.

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister or the General Manager.

Any delegation under this section may be made subject to such restrictions and conditions as the Minister or General Manager thinks fit, and may be either general or in relation to any particular case.

The fact that any employee exercises any power of the Minister or of the General Manager shall in the absence of proof to the contrary be sufficient evidence of his authority so to do.

Neither a Government railway nor any part of a Government railway shall be opened for traffic until that railway or part has been inspected by a person appointed by the Minister for that purpose, nor until that person has reported to the Minister that he has inspected the railway or part, 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.

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.

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 of any service for the carriage of passengers or goods lawfully carried on by the Minister, or that any Government railway is in fact open for traffic, shall for all purposes be sufficient evidence of the fact.

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.

A certificate under the hand of the Minister, specifying the distance between any two points on a railway in accordance with the departmental record, shall be conclusive evidence of the fact.

The succeeding provisions of this Act, in so far as they relate to railways, shall apply to all Government railways open for traffic.

The powers and duties conferred and imposed on the Minister of Works by the Public Works Act, 1928, are, so far as they are applicable and with the necessary modifications, hereby conferred and imposed on the Minister of Railways in respect of all matters and works under the control of or being carried out by the Minister or the Department, but without in any way limiting or interfering with the powers and duties of the Minister of Works under the said Act.

Section thirty-four of the Public Works Act, 1928, 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.

Without in any way limiting the powers conferred upon the Minister of Works by section two hundred and nineteen of the Public Works Act, 1928, it is hereby declared that either the Minister of Railways or the Minister of Works, for the purpose of protecting any Government railway, or preventing or lessening any risk of damage thereto, may from time to time 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 any river or stream, or alter the course of any river or stream; and may also discontinue or abandon any such work as and when he thinks fit.

If the General Manager 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 that land to remove the tree, and in default of such removal the General Manager may cause the tree to be removed; but the owner or occupier may recover the amount of any cost or damage incurred or suffered by the removal.

Except with the written consent of the Minister of Railways or of the Minister of Works, it shall not be lawful for any local authority, or for any person other than either of those Ministers, to exercise upon any railway land any of the powers by this section conferred upon the said Ministers.

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 the manner provided by the Public Works Act, 1928, and the provisions of that Act relating to compensation shall, so far as they are applicable and with the necessary modifications, apply accordingly.

Steam-locomotives burning anthracite coal, bituminous coal, brown coal, coke, fuel oil, or wood of any kind, or any mixture thereof, and locomotives and vehicles having engines consuming or using fuel oil, benzine, kerosene, or any other fuel whatsoever, or electrical energy, may from time to time and at any time be run upon any railway, private branch line, private siding, wharf, or any other place whatsoever connected with a railway, whether or not they are drawing or propelling any rolling-stock.

The Minister may undertake the carriage of passengers and of goods otherwise than by rail and whether by land or water, and whether or not any such undertaking is to be performed wholly or partly by another carrier, and may provide such amenities and facilities as may appear to him to be necessary or desirable for the purposes of this section.

The last preceding subsection shall be deemed to authorize the carriage of passengers and of goods by aircraft maintained and operated by any authority or person for the time being authorized to operate in New Zealand any service for the carriage by aircraft of passengers or of goods.

The power conferred by this section shall include power to enter into agreements with other carriers in relation to the carriage of any passengers or goods.

With respect to the carriage of passengers or goods pursuant to this section, the Minister shall have the same powers and (save as may be otherwise provided by contract or by notice published in the Gazette) the same liabilities, obligations, rights, and protection as he has in the case of the carriage of passengers and goods by railway.

The foregoing provisions of this section and any regulations under this Act shall be read subject to the provisions of any Act for the time being in force and binding on the Crown relating to the licensing or control of services for the carriage of passengers or goods. The Minister may, out of moneys appropriated by Parliament for the purpose, pay in respect of any such service carried on by him any licence fees or other fees that would if the service were carried on by any person other than the Crown be payable by that person in respect thereof.

Section eighteen of the Police Offences Act, 1927, is hereby amended by omitting from subsection four the words “station where Sunday trains”, and substituting the words “station or bus terminal where Sunday passenger transport services”.

In addition to the powers conferred upon the Minister by this or any other Act, he shall have power and shall be deemed to have always had power to enter into contracts for the execution of works, for the supply (whether for sale, hire-purchase, or hire) of materials and goods, whether or not they are products, by-products, or manufactures of any branch of the Department, and for the provision of labour and services.

Every such contract made by the Minister (whether before or after the passing of this Act) shall be deemed to have been made on behalf of the Crown.

The Minister may from time to time—

The Minister may act as the agent of the consignor of any goods to collect from the consignee the price of those goods, and to give a valid discharge in respect thereof.

The terms of any such contract of agency under this section shall be as agreed between the parties, or, in the absence of any special agreement, shall be in accordance with conditions to be published by the Minister in the Gazette.

If any person, for one month after demand therefor, refuses or fails to pay any charges imposed under this Act in respect of any goods, the General Manager may order the goods or any part thereof to be sold, or, if the goods have been delivered, the General Manager may order any other goods on the premises of the railway belonging to the same person to be sold.

The proceeds of any such sale shall be applied firstly in paying the charges and expenses of the sale (including all charges and expenses incurred in or about the storage, warehousing, and handling of the goods, or otherwise howsoever), and secondly the balance, if any, shall be paid over to the person entitled upon his establishing his claim thereto.

If any goods are left on railway premises and the owner thereof or the person liable for the charges thereon is not known, the General Manager 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 the notice, being not less than one month from the publication thereof.

If the goods are not removed and the charges thereon paid before that day, they may be sold in terms of the notice.

The balance of the proceeds of any such sale, after paying the charges and expenses as specified in the last preceding section, shall be paid into the Working Railways Account, and shall be paid by the General Manager to any person establishing a lawful claim thereto.

When any goods have been received for conveyance upon a railway, and the consignee or owner has not complied with all the provisions of any law relating to the charge or collection of duties by the Customs Department, or has not paid all charges incurred by the Minister on account of the 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, they may all be held and detained by the Minister until all such provisions are complied with, and all such charges (if any) are paid, and the consignor’s order to deliver (if necessary) is given.

During the time the goods are so held and detained the Minister shall be responsible only as a warehouseman in respect of any loss or damage that may occur thereto.

The powers by this section conferred upon the Minister shall not affect the powers vested in the General Manager by sections seventeen and eighteen of this Act.

Any employee may impound cattle trespassing on any 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 that Act may be performed and done in respect of any railway by any person authorized generally or specially in that behalf by a railway district traffic manager, a railway district civil engineer, or a railway resident civil engineer.

Section two hundred and thirty-four of the Public Works Act, 1928, shall not apply to Government railways open for traffic.

Subject to the provisions of this Act, all persons shall be entitled to use any railway or other service lawfully carried on by the Minister upon payment of the charges fixed for the use thereof.

At each station on a railway at which tickets are sold there shall be exhibited in a conspicuous place for inspection by the public a list of the ordinary fares from that station for which cardboard tickets are issued, and also a time-table for passenger trains arriving or departing therefrom.

In respect of the receipt, custody, carriage, and delivery of goods the following provisions shall apply:—

Except as authorized by regulations made under this Act, no person shall send by or bring upon, or knowingly permit to be sent by or brought upon, a railway or other service lawfully carried on by the Minister, any goods of a dangerous nature.

If any person sends or attempts to send by a railway or other service lawfully carried on by the Minister, or deposits in any railway premises, any package containing any such goods, or any goods declared by regulations under this Act or publicly notified by the Minister to be of a dangerous nature, without distinctly marking the contents on the outside of the package, or giving notice in writing of the contents to the officer in charge of the station, goods-shed, or other place at which the package is left, that person shall be liable to imprisonment with or without hard labour for any term not exceeding six months, or to a fine not exceeding fifty pounds.

Every person who makes or procures to be made any false statement in regard to any goods delivered upon the railway (whether in respect of their nature, quantity, weight, measurement, value, or otherwise howsoever) in any consignment-note, waybill, or other document delivered in respect of those goods, commits an offence and shall, in respect of each offence, be liable on summary conviction to a fine not exceeding fifty pounds.

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, which 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 on the whole consignment, shall be payable in respect of the goods.

If any person does, or causes or procures to be done, any of the following things,—

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to imprisonment with or without hard labour for any term not exceeding six months, or to a fine not exceeding fifty pounds:

Provided that nothing in this section shall in any way relieve him from any other liability, civil or criminal, to which he may be subject apart from this section.

If any person does, or causes or procures to be done, any of the following things,—

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to imprisonment with or without hard labour for any term not exceeding two months, or to a fine not exceeding ten pounds.

If any person does, or causes or procures to be done, any of the following things,—

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to a fine not exceeding ten pounds.

If any person—

it shall be lawful for any constable or any employee, without warrant or other authority, to arrest and detain the person so offending, and to take him as soon as practicable before a Justice to be dealt with as the law directs; and all persons present shall, when called upon, assist the constable or employee in giving effect to this section.

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—

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to a fine not exceeding ten pounds for every day upon which the 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 such land, ditch, drain, watercourse, or other property of the Department as aforesaid, or in replacing any such tree, shrub, or timber.

Where any fire, light, or sign is burnt or exhibited in such a place or in such a manner as to be liable to be mistaken for or to obscure a railway signal, or to make it difficult for persons engaged in the operation of railway-trains to distinguish any railway signal, the Minister, or some person by his direction, may serve a notice on the owner of the place where the fire, light, or sign is burnt or exhibited, or on the person having charge of the fire, light, or sign, directing that owner or person within a reasonable time, to be specified in the notice, to take effectual means for extinguishing, removing, or screening the fire, light, or sign and for preventing for the future any similar fire, light, or sign.

The notice may be served either personally or by delivery at the place of abode of the person to be served, or by affixing it in some conspicuous spot near the fire, light, or sign to which the notice relates.

Every owner or person on whom a notice is served under this section who fails without reasonable cause to comply with the directions contained in the notice commits a common nuisance, and, in addition to any other penalties or liabilities he may incur, shall be liable on summary conviction to a fine not exceeding one hundred pounds in respect of each offence.

If any owner or person on whom a notice under this section is served neglects for a period of seven days to extinguish, remove, or effectually screen the fire, light, or sign mentioned in the notice, the Minister may, by his servants or workmen, enter upon the place where the fire, light, or sign is and forthwith extinguish, remove, or screen it, doing no unnecessary damage; and may recover the expenses incurred in so doing from the owner or person on whom the notice has been served as a debt due to the Crown.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:—

In respect of regulations made under the last preceding subsection the following provisions shall apply:—

The Minister may from time to time, by notice gazetted, fix scales of charges to be paid in respect of railways, or of any specified railway or any part thereof, or in respect of any other services which are lawfully carried on by the Minister, for—

Notwithstanding anything contained in the last preceding subsection, the Minister, or any employee duly authorized by him, may from time to time fix special charges to be paid in lieu of the ordinary ones upon special occasions, or for such times as he thinks fit; and if such special charges are publicly notified it shall not be necessary to publish the same in the Gazette.

For the purpose of any scales of charges fixed under this section in the case of the demurrage of rolling-stock at destination stations, consignees shall be deemed to have requested the demurrage.

The Minister may, by notice gazetted, impose such terms and conditions with respect to any of the matters mentioned in paragraphs (a) to (k) inclusive of subsection one of this section, including the terms and conditions on and subject to which goods will be received, held, carried, delivered, or otherwise dealt with:

Provided that while 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.

Any terms and conditions imposed under the last preceding subsection shall apply with respect to any of the matters mentioned in paragraphs (a) to (k) inclusive of subsection one of this section, notwithstanding that special scales of charges may be payable:

Provided that, with respect to any of those matters for which special scales of charges are fixed, the Minister or any employee duly authorized by him may impose special terms and conditions in addition to or in lieu of the ordinary ones; and if such special terms and conditions are publicly notified it shall not be necessary to publish them in the Gazette.

The power conferred by this section on the Minister or any employee duly authorized by him to fix scales of charges to be paid for persons or goods carried on a railway shall include, and be deemed at all times heretofore to have included, the power to fix those scales by reference to distance.

Where any scale is fixed by reference to distance as aforesaid the distance between any two named stations shall, unless it is otherwise specially provided in any case in the notice fixing the scale, be deemed and taken to be the distance as shown on the departmental record when the section or sections of railway affected were first opened for traffic, notwithstanding that the distance may have been increased or reduced by subsequent alterations of the railway.

The power to fix scales of charges conferred on the Minister by this section shall include, and shall be deemed always to have included, the power to fix scales of charges for sorting goods brought on to the railway and sorted by the Minister in any shed on the railway or on any other part of the railway, whether the goods are, or are intended to be, carried on the railway or not, and notwithstanding that the goods may be brought on to the railway in pursuance of any agreement or arrangement entered into or made by the Minister with respect to the working by the Minister of any wharf or jetty.

There shall be within the Public Account a separate account to be called the Working Railways Account, which shall for all purposes be deemed to be the same account as that existing under the same name immediately prior to the commencement of this Act under section thirty-six of the Government Railways Act, 1926.

There shall be paid, without further appropriation than this Act, out of the Consolidated Fund into the Working Railways Account such sums by way of loan as may, in the opinion of the Minister, be from time to time required to meet liabilities due or to become due in respect of the Working Railways Account and as may be approved by the Minister of Finance.

In addition to the moneys specified in the last preceding subsection there shall be paid into the Working Railways Account:—

The following payments shall from time to time be made out of the Working Railways Account into the Consolidated Fund:—

Where at any time in any year the Minister of Finance is of opinion that the annual accounts of the railways for that year will disclose that the full rate of interest prescribed under paragraph (a) of subsection one of this section cannot be paid out of the Working Railways Account to the Consolidated Fund, he may, without further authority than this section, reduce the amount to be paid during that year on account of that interest, and where after the completion of any financial year it is disclosed that the full amount of that interest cannot be paid for that year he may in like manner reduce the amount of interest to be paid in respect of that year.

In addition to the moneys which may be paid out of the Working Railways Account as aforesaid there shall be paid out of that account the moneys following, namely:—

Save as provided in paragraph (a) of the last preceding subsection, all moneys to which this section relates may be paid without further appropriation than this Act.

If for the purposes of this Act any question arises as to the total amount of capital moneys expended in respect of the railways and other services lawfully undertaken by the Minister, it shall be determined by the Governor-General by Order in Council. Any such Order in Council may from time to time be amended in like manner.

Any Order in Council heretofore issued and purporting to determine the amount of any capital moneys so expended in respect of the railways shall be deemed to have been issued with proper authority.

Any moneys in the Working Railways Account which in the opinion of the Minister are not required for the purposes of that account may be invested in any securities in which balances of the Public Account may be lawfully invested.

The Governor-General may from time to time, by Order in Council,—

The draft of every Order in Council under this section shall be submitted for the information of the Minister of Finance and the Minister of Railways before being submitted to the Governor-General in Council, but failure to comply with the provisions of this subsection shall not invalidate any such Order.

Every Order in Council issued under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date of the Order), and if no such date is so specified shall come into force on the date of the publication of the Order in Council in the Gazette.

The Minister shall in every four weeks cause to be prepared a four-weekly Railways Working Account, showing the total gross receipts accruing from each railway and all other services lawfully undertaken by the Minister during the period covered by the account, and the total expenditure upon the working, management, and maintenance of the same during that period.

Every such account shall show the total amount of capital money expended in respect of the railways:

Provided that, for the purpose of the said four-weekly accounts, the cost as ascertained at the end of each financial year shall be inserted as the cost during the twelve months next ensuing.

All such accounts shall be gazetted four-weekly.

The Minister shall, forthwith after the close of each financial year, cause to be prepared, in such form as the Minister of Finance from time to time approves or directs, a balance-sheet and a profit and loss account, together with such other statements of accounts as may be necessary, to show fully the financial position of the Government railways and of all other services lawfully undertaken by the Minister, and the financial results of the operations of the railways and of such other services for the year.

The said balance-sheet and accounts, duly audited by the Audit Office, together with such report thereon as the Minister thinks fit to make, shall be laid before Parliament by the Minister as soon as practicable after the close of the financial year to which they relate.

In each financial year the Minister may charge to the profit and loss account aforesaid such amounts as may from time to time be approved by the Minister of Finance to provide for—

Wherever in this Act or in any other Act authority is given to the Minister to purchase any land or execute any work, that authority shall be deemed to include authority to pay interest on any money due in respect of the purchase or of the execution of the work.

This section applies to moneys due in respect of the purchase of any land or of the execution of any work authorized before, as well as after, the coming into operation of this Act.

The Minister may in any financial year, with the consent of the Minister of Finance, make an appropriation of such amount as that Minister approves from the revenue of the railways and of the other services lawfully carried on under this Act, and credit the amount to a general reserve.

There may from time to time, without further appropriation than this section, be paid out of the Working Railways Account such amount or amounts as the Minister of Finance may approve, not exceeding in the aggregate in any year the sum of twenty-eight thousand pounds, as a subsidy in aid of any sick-benefit fund established by any society or association of employees employed in the General Division of the Department, for the purpose of providing relief to those employees in the event of their sickness.

The Minister of Finance may, at the request of the trustees of any such society or association, make arrangements for the collection of contributions due by its members to any sick-benefit fund as aforesaid. The contributions may be paid into the Working Railways Account on behalf of the society or association, and any payments due by the society or association in accordance with its rules may be paid out of that account.

Any moneys held in the Working Railways Account on behalf of any society or association as aforesaid may, at the request of the trustees, be invested by the Minister of Finance in the Post Office Savings-bank or in the Common Fund of the Public Trust Office or in any securities in which trust funds may for the time being be invested.

Any rules made by any such society or association in relation to its sick-benefit fund shall be subject to the approval of the Minister of Finance. After the approval of any such rules by the Minister of Finance no person shall be permanently appointed to a position in the General Division of the Department except on the condition that he shall become a contributor to and be entitled to the benefits of a sick-benefit fund subject to those rules.

No stamp duty shall be chargeable upon any receipt or other document in connection with the operations of any society or association as aforesaid in relation to its sick-benefit fund.

The Governor-General may, by Proclamation, take for railway purposes any land required for any purpose authorized by this Act, and, notwithstanding the provisions of section ten of the Public Works Act, 1928, the provisions of that Act (including sections twenty-two, twenty-three, and thirty-two), as well as of this Act, relating to the taking of land shall, so far as they are applicable and with the necessary modifications, apply to the taking of land under the authority of this section.

The Governor-General may, by Proclamation, take any land required for the accommodation of employees of the Department, and, notwithstanding the provisions of section ten of the Public Works Act, 1928, the provisions of that Act (including sections twenty-two, twenty-three, and thirty-two), as well as of this Act, relating to the taking of land shall, with the necessary modifications, apply to the taking of land under the authority of this section.

This section shall not be construed to prevent any such land from being occupied by any person who is not an employee of the Department if in the opinion of the General Manager that is desirable.

Every railway and improvement which is authorized under any of the enactments repealed by this Act, and which is described in the First Schedule to this Act, shall be deemed to have been authorized by and made under this Act, and for the purpose of section two hundred and twelve of the Public Works Act, 1928, this Act shall in the case of each such railway and improvement be deemed to be a special Act.

The Governor-General may from time to time acquire on behalf of His Majesty, as for a public work, such lands required for the railways and improvements described in the First Schedule hereto, as he deems necessary.

The Governor-General 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:—

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 for erecting buildings, or for such other purposes as may be approved by him, any land not required for railway purposes.

In every case where the annual rental value of the land so let exceeds fifty-two pounds and the lease is for a term exceeding two years, the letting shall be by public tender or by public auction or by public application at fixed rentals.

The lease may be for a term not exceeding twenty-one years, with or without a right of renewal, perpetual or otherwise, for the same or any shorter term.

The lease may contain such provisions for the removal by the lessee of improvements made by him, or for protecting the lessee’s interest in those improvements in the event of the land being again offered for lease at the expiry of the lease as the Minister thinks fit; subject, however, to the following provisions:—

In every case where compensation is payable by the Minister under any such lease as aforesaid the amount thereof, if not mutually agreed upon, shall be decided in the manner provided by the Public Works Act, 1928, and the provisions of that Act relating to compensation shall, so far as they are applicable and with the necessary modifications, apply to any claim for such compensation.

Instead of paying direct to the lessee the amount of the compensation the Minister may, in his discretion, cause the property to be put up to auction for lease for a further period subject to the payment of the compensation by the purchaser (if other than the outgoing lessee) and the compensation when received shall be paid to the outgoing lessee before the purchaser is admitted into possession:

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.

Every lease granted under section two hundred and twelve of the Public Works Act, 1894, before the coming 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 under this section.

In addition to the powers conferred on the Minister by the last preceding section the Minister shall, in respect of any lands to which that section relates, have all the powers of a leasing authority under the Public Bodies’ Leases Act, 1908.

Any lease of railway land existing at the ninth day of October, nineteen hundred and twenty-eight, may, with the consent of the Minister, be surrendered by the lessee, and in lieu thereof the Minister may grant to the lessee a new lease in accordance with the last preceding subsection, but without submitting the new lease to public auction or public tender or public application.

Any lease of railway land granted prior to the passing of the Government Railways Amendment Act, 1910 (No. 2), may, with the consent of the Minister, be surrendered by the lessee, and in lieu thereof the Minister may grant to the lessee a new lease in accordance with the provisions of this Act without submitting the new lease to public auction or public tender or public application:

Provided that the rental to be reserved under the new lease shall be fixed by the Minister upon the recommendation of the General Manager, who shall, before making his recommendation, cause a new valuation of the land to be made, and shall, in making his recommendation, take into consideration the value of the land as so determined and the improved terms and conditions of the new lease.

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 for the purposes of the Department and not required for public use, on such terms and conditions as he thinks fit:

Provided that if the annual rental value of the property exceeds fifty-two pounds and the lease is for a term exceeding two years the letting shall be by public tender or public auction or by public application at fixed rentals.

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, not exceeding seven years, as he thinks fit—

Provided that if the value of the property let on lease under either of the two last preceding paragraphs exceeds an annual rental of fifty-two pounds and the lease is for a term exceeding two years the letting shall be by public tender or public auction or by public application at fixed rentals.

The Minister 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:—

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 the easement was granted:

Provided that nothing herein shall be so construed as to limit the power of the Minister to impose additional conditions as to revocation if he thinks fit.

Subject to such terms as to rental or other payment, and such other terms and conditions, including conditions as to revocation, as he deems fit, and subject also in every case to the conditions as to revocation contained in subsection one of this section, 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:—

Notwithstanding anything in any other Act, no person shall have any right to any easement, or to construct or carry out any work upon, over, or under any railway, without having first obtained from the Minister a grant of the right as provided in the last preceding section; and the Minister may require the person to execute a deed or agreement setting forth the conditions subject to which the right is granted.

Any easement granted to a public body upon, over, or under any railway at a public level crossing shall be at a peppercorn rental.

For the preparation of Proclamations, Orders in Council, deeds, leases, agreements, assignments, and for endorsing consents on mortgages, assignments, or subleases, and for preparing or consenting to any other document of a like nature, the Minister may charge such fees as the Governor-General in Council from time to time approves.

The Minister may agree on such terms and conditions as he thinks fit 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 the branch or siding as may be within the limits of the railway, and for the working of the branch or siding in connection with the railway, subject, however, to the following conditions:—

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 that person may be run upon any Government railway, upon such terms and conditions as are specified in the agreement.

No such agreement shall have effect for more than five years from the date thereof.

Nothing in this Act or in any such agreement shall be deemed to authorize any person to enter upon any Government railway for any purpose whatsoever, except with the written authority of the General Manager first obtained in that behalf.

The agreement may provide for the payments to be made by the one party to the other party of such charges as are fixed in that behalf, and as to the time and mode of payment thereof and the keeping of accounts between the parties.

For all purposes of conducting traffic, and for levying charges, and for the operation of regulations, rules, and instructions the branch or siding shall during the subsistence of the agreement be deemed to be a Government railway, and all the provisions of this Act which may be applicable thereto shall be applicable to the branch or siding accordingly, subject to such modifications or alterations as are prescribed by the Minister.

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.

In this section, unless the context otherwise requires,—

Where the operation of any railway has ceased, the Governor-General may sell or otherwise dispose of that railway to any company willing to take and work the same, and may in like manner sell or dispose of any other property of the Crown held in respect of that railway.

In making any disposition under the last preceding subsection, the Governor-General may impose such terms and conditions as he thinks fit, including conditions as to the working and maintenance of the railway, and it shall not be lawful for the company to work the railway save in accordance with the conditions so imposed.

Where work in connection with the construction of any railway has been suspended or abandoned the Governor-General may, by sale, lease, or otherwise, dispose of the same and of all or any property of the Crown held in connection therewith to any company willing to complete the construction and thereafter to work the railway.

In making any disposition under the last preceding subsection, the Governor-General may impose such terms and conditions as he thinks fit, including conditions as to the completion of the work of construction and as to the working and maintenance of the railway on the completion thereof, and it shall not be lawful for the company to undertake the work or to work or maintain the railway save in accordance with the conditions so imposed.

The Governor-General in Council may require any such company as aforesaid to find good and sufficient security for the due performance of any conditions imposed under this section to such amount as the Governor-General directs.

The powers conferred by this section are in addition to and not in substitution for any other powers as to the disposal of Government railways conferred by this or any other Act, and nothing in this Act or in any other Act imposing any restrictions on the sale or other disposal of property of the Crown shall have any application to or in any way restrict the exercise of any of the powers conferred by this section.

Where a road or street crosses a railway on the level the Minister shall maintain and metal the carriage-way 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 control of the road or street shall maintain and metal the approaches to the crossing, subject to the approval of the Minister.

Where a road or street crosses over or under any railway by means of a bridge, the structure of the bridge, exclusive of the decking or other road surface, shall be maintained by the Minister.

Where a road or street crosses under the railway, the road or street shall be maintained by the local authority having the control thereof.

Where a road or street crosses over the railway, the decking or other road surface of the bridge shall be maintained by the Minister at the cost of the local authority having charge of the road or street.

Any Borough Council, County Council, or Town Board, or any Road Board of a road district situated in a county in which the Counties Act, 1920, is not in full force, or any two or more of such Councils or Boards, may agree with the Minister for the construction and maintenance by the Minister of a subway under, or a bridge over, any Government railway, or of a railway-bridge over any road or street (whether or not the subway or bridge is within the district of the Council or Board), and for the payment by the Council or Board of the whole or any part of the cost of such construction and maintenance.

Any such agreement may be entered into with respect to any existing subway or bridge, or with respect to any proposed subway or bridge.

Any local authority that is authorized by this section to pay in whole or in part the cost of the construction of any subway, bridge, or railway-bridge may agree with the Minister, and shall be deemed at all times heretofore to have had power so to agree, that any such payment shall be made by instalments extending over a period of not more than ten years in any case, and that interest at such rate as may be agreed on shall be paid on any unpaid balance of that cost.

Where a road or street crosses the railway on the level the Minister may cause to be erected such warning devices as he considers necessary for the protection of persons using the crossing.

Neither His Majesty the King nor the Minister shall be liable in respect of any accident that may occur by reason of any failure of any such warning device.

Notwithstanding any rule of law to the contrary, His Majesty the King and the Minister shall not be deemed to be negligent in law if the Minister fails to provide a crossing-keeper or a warning device at any level crossing for the purpose of protecting locomotives, rail-cars, carriages, wagons, or other vehicles using the railway-line when they are passing over the crossing, or of warning road-users of the approach of any such locomotive, rail-car, carriage, wagon, or vehicle.

No person shall drive or attempt to drive any vehicle or animal across a level crossing or elsewhere on a railway when there is any risk of the vehicle or animal being involved in a collision with any locomotive, rail-car, carriage, wagon, or other vehicle using the railway-line.

Every person driving a motor-vehicle on any road or street which crosses a railway on the level shall when approaching the crossing reduce speed when within one hundred yards of the crossing to a rate not exceeding fifteen miles an hour, and shall not increase speed until after he has crossed the railway-line. It shall be his duty to keep a vigilant lookout for any approaching locomotive, rail-car, carriage, wagon, or other vehicle using the railway-line.

If at any such crossing there is a “compulsory stop” sign, erected pursuant to regulations under the Motor-vehicles Act, 1924, or by the Department, it shall be the duty of the person driving any motor-vehicle as aforesaid to stop clear of the line before crossing it for such time as may be necessary to make adequate observations to ascertain whether or not the line is clear.

If any person drives or attempts to drive any vehicle or animal across a level crossing or elsewhere on a railway while any crossing-keeper or any warning device of any kind whatsoever is giving warning against so doing there shall be deemed to be a risk of the vehicle or animal being involved in a collision with a locomotive, rail-car, carriage, wagon, or other vehicle using the railway-line.

Every person who acts in contravention of this section or who crosses or attempts to cross any railway-line when it is unsafe to do so commits an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

Every employee responsible for the driving or control of any locomotive, rail-car, carriage, wagon, or other traffic on the railway-line shall be entitled to assume that all vehicles which do not use the railway-line and all persons will keep clear, and all animals will be kept clear, of traffic using the railway-line; and all such locomotives, rail-cars, carriages, wagons, and other traffic may proceed past any station, level crossing, or elsewhere on the railway-line at a speed which would be reasonable if there was no possibility of that part of the railway-line being obstructed by any such vehicle, person, or animal; and neither His Majesty the King, nor the Minister, nor any employee shall be deemed negligent merely because any employee acts on that assumption, or any such locomotive, rail-car, carriage, wagon; or other traffic proceeds at such a speed:

Provided that every employee who has reason to believe that a collision is about to occur between any such locomotive, rail-car, carriage, wagon, or other traffic, and any such vehicle, person, or animal shall take all steps reasonably possible to prevent the collision, and the provisions of this section relating to negligence shall not apply to any such employee in so far as he fails to do so or to His Majesty the King or the Minister in so far as any employee fails to do so.

Notwithstanding anything to the contrary in the Public Works Act, 1928, 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:—

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 that 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.

Every such agreement shall provide that, in case default is made by the owner of the railway or tramway in carrying out the terms of the agreement, 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 the Government railway.

The Minister may at any time appoint any person or persons to be a Board of Inquiry to inquire into and report upon any matters arising out of or connected with the administration of this Act, or the control, maintenance, or working of a railway or any part thereof. Every person so appointed shall hold office during the pleasure of the Minister.

Any person concerned in an inquiry under this section may appear before the Board of Inquiry either personally or by an agent appointed by him in writing in that behalf. That agent may be a member of the Department, or the General Secretary or an assistant general secretary of a service organization, or, if the Minister so approves, may be a barrister or solicitor not otherwise authorized to act as agent by this subsection.

Any person or persons appointed as aforesaid shall, for the purpose of conducting any inquiry under this section, have the same protection and the same powers and authorities to summon witnesses, administer oaths, and receive evidence as are conferred upon Commissioners by the Commissions of Inquiry Act, 1908; and all the provisions of that Act shall apply to witnesses so summoned, oaths so administered, and to evidence so received and given, as completely and effectually as if the witnesses had been summoned, the oaths had been administered, and the evidence had been received or given, by virtue or under the authority of that Act:

Provided that for the purposes of this section the reference in section eight of the said Act to the Minister of Internal Affairs shall be deemed to be a reference to the Minister of Railways.

On any such inquiry the person or persons appointed as aforesaid shall direct himself or themselves by the best evidence he or they can procure or that is laid before him or them, and may receive or reject, as he or they think fit, any evidence that may be tendered.

All evidence given in any such inquiry shall be reduced to writing and signed by the witness giving the same in each case, and the written records of the evidence shall be preserved as records of the office of the General Manager.

The Board may in each case fix the costs of any inquiry under this section, and may direct by whom and in what proportions those costs shall be payable, and any costs directed to be paid by the Crown may be paid accordingly without further appropriation than this section:

Provided that the Minister may direct that the whole of the costs of any inquiry shall be paid by the Crown.

Any costs so directed to be paid by any person other than the Crown may be recovered from that person as a debt due to the Crown.

The person or persons appointed to hold any inquiry under this section may be paid such fees, travelling-expenses, and allowances as the Minister of Finance may determine.

The proceedings in any inquiry under this section shall be conducted in private unless the Minister shall direct otherwise.

The fact that a Board of Inquiry appointed by the Minister under this section proposes or proceeds to inquire into any matter arising out of or connected with the administration of this Act, or the control, maintenance, or working of a railway or any part thereof, shall be conclusive evidence that the Board has been duly constituted under this section and has full authority to make the inquiry and to exercise in respect thereof all the powers and authorities conferred by this section.

The General Manager may at any time appoint any employee or employees generally or specially to hold an inquiry into charges or allegations of inefficiency or misconduct of an employee or into any matter arising out of or connected with the administration of this Act.

With respect to every inquiry held under this section the following provisions shall apply:—

For the purposes of this Part of this Act the expression “the prescribed area” means the area described in the Second Schedule to this Act.

Save as provided in section seventy-three of this Act, it shall not be lawful for any person other than the Minister to carry on, within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area, any passenger-service within the meaning of the Transport Act, 1949, notwithstanding that a licence to carry on the service may have been issued under the said Act.

Every person who carries on a passenger-service in contravention of the last preceding section commits an offence and shall be liable on summary conviction to the penalties prescribed by the Transport Act, 1949, for carrying on a passenger-service in contravention of that Act.

Every director or other person acting in the management of any company which carries on a passenger-service in contravention of the last preceding section commits an offence and shall be liable on summary conviction to a fine not exceeding ten pounds for every day on which the service is so carried on, in addition to any penalty to which the company is liable.

It shall be the duty of the Minister to carry on, within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area, such passenger-services under the Transport Act, 1949, as may be necessary to meet the reasonable requirements of those residents within the prescribed area who are not served with reasonable convenience by the railway, and a licence or licences under that Act shall, on application by the Minister, be granted accordingly by the proper licensing authority:

Provided that sections one hundred and one, one hundred and two, subsection two of section one hundred and eleven, sections one hundred and fourteen, one hundred and fifteen, one hundred and forty-two, one hundred and forty-four, one hundred and forty-six, subsection one of section one hundred and forty-seven, subsections one and two of section one hundred and forty-eight, subsection one of section one hundred and fifty, and section one hundred and fifty-three of the said Act, shall not apply with respect to any passenger-service licence applied for or granted under the authority of this subsection, or to the renewal of any such licence, and all the provisions of the Transport Act, 1949, shall be read subject to the provisions of this section.

If and so long as the Minister complies with the obligation imposed by the last preceding subsection, a licence to carry on a passenger-service within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area shall not, except with the consent of the Minister and subject to conditions prescribed by the Minister, be granted under the Transport Act, 1949, to any person other than the Minister.

If any question arises as to whether or not the Minister is at any time complying with the obligation imposed on him by subsection one of this section it may, in accordance with the provisions of the next succeeding subsection, be referred to the Minister of Transport, and the decision of that Minister shall be final.

Any such question may be brought before the Minister of Transport only by petition signed by not fewer than fifty adult residents of the locality in respect of which the question arises. The grounds of complaint and the relief sought shall be clearly stated in the petition, and the Minister of Transport shall not be bound to consider any petition until the provisions of this subsection have been complied with. In considering any such petition it shall be the duty of the Minister of Transport to have regard to the facts of the case, and also to any economic or other general considerations affecting the public interest that may be relevant to the subject-matter.

If after considering the matters referred to in the last preceding subsection the Minister of Transport determines that the Minister has failed to comply with the obligations imposed on him by this section, he shall serve on the Minister a notice specifying the matters in which the Minister has failed to carry out his obligations, and requiring the Minister to remedy those matters within a time to be specified in that behalf:

Provided that the terms of any such notice may from time to time be varied by the Minister of Transport either on the application of the Minister or on petition under subsection four of this section.

If within the time so specified the Minister has not complied with the terms of any such notice to the satisfaction of the Minister of Transport, it shall be lawful for the appropriate licensing authority under the Transport Act, 1949, to grant to any person who applies for the same a licence under that Act to carry on a passenger-service within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area.

For the purposes of any petition or application coming before him pursuant to this Part of this Act the Minister of Transport shall have all the powers and protection of a Commission under the Commissions of Inquiry Act, 1908.

Notwithstanding anything to the contrary in section one hundred and fifty-six of the Transport Act, 1949, information for an offence under that Act in respect of any passenger-service carried on within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area may at any time be laid by an employee.

The Department may be classified into two divisions—namely, the Salaried Division (being the division called the First Division before the commencement of this Act) and the General Division (being the division called the Second Division before the commencement of this Act)—with such classes, subclasses, grades, and subgrades, or any of them, as may from time to time be prescribed.

All references to the First Division or the Second Division in any Act, regulation, or other act of authority shall hereafter be read as references to the Salaried Division or the General Division, as the case may be.

Every person who is obliged to become a member of any service organization under regulations made pursuant to this Act shall be entitled to become a member of that service organization on application made in accordance with its rules, and, in so far as the rules of any service organization are inconsistent with the provisions of this subsection, they shall be of no effect.

The Minister may exempt, either unconditionally or upon or subject to such conditions as the Minister thinks fit, any employee or class of employees from the provisions of any such regulations as aforesaid.

Notwithstanding anything to the contrary in any other Act, in any case where any employee fails to apply for membership of a service organization as required by any such regulations as aforesaid or in any case where an employee who is a member of a service organization fails to pay any fees due by him as a member thereof to the organization, the Minister may authorize to be deducted from the salary or wages of the employee, and paid to the organization, the amount of the fees which would have been payable by the employee if he had become a member of the organization or, as the case may be, the amount of the fees owing by him as a member of the organization.

In any case where an employee who is eligible for membership of two or more service organizations fails to apply, as required by any such regulations as aforesaid, for membership of any one of those organizations, the Minister may direct to which of those organizations any amount that may be deducted from his salary or wages under the last preceding subsection may be paid, and the amount so deducted shall be the amount of the fees which would have been payable by the employee if he had become a member of the organization to which payment is so directed to be made.

Every person who may hereafter be appointed to a position in the Department classified in a higher grade than Grade Special C of Class 4 of the 1949 classification, or such other grade as the Minister from time to time declares to be equivalent to that grade shall be so appointed by the Minister.

Every other appointment to a position in the Department shall be made by the General Manager.

Except as otherwise provided in this Act, no person other than a member of the Department shall be appointed to any position therein unless in the opinion of the appointing authority no member then in the service of the Department and available for appointment to that position is fully qualified for appointment to that position and capable of efficiently carrying out the duties thereof.

This section shall not apply where any person who has retired from the Department under the provisions of section thirty-two of the Superannuation Act, 1947, is again appointed to any position in the Department.

Subject to the provisions of the last preceding section, the Minister or the General Manager, as the case may be, may from time to time appoint any person now or hereafter holding any position in any branch of the Government service or the Education service to any position 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, class, subclass, grade, and subgrade thereof he shall be placed under the provisions of this Act, and shall also name a date (past, present, or future) upon which the transfer shall take effect.

On the appointment and transfer taking effect, all the provisions of this Act and every other Act, and all regulations, that may then or thereafter be in force and relate to the Department, shall extend and apply to the person so appointed and transferred as aforesaid, who shall cease to have any rights, other than in respect of superannuation, in respect of his previous employment in the Government service or Education service, as the case may be.

Any employee who resigns, or has resigned at any time before the commencement of this Act, from the service of the Department to take up engagement as a full-time employee of any service organization (whether before or after the commencement of this Act) may upon the termination of his engagement with the service organization be reappointed to the Department at the rate of pay which the General Manager shall determine is then appropriate to the position or occupation held by that person at the date of his resignation as aforesaid.

The power to appoint any person to any position in the Salaried Division shall be deemed to include and at all times to have included the power to appoint that person as from a date to be specified by the appropriate appointing authority being not earlier than the date on which he actually enters on or has entered on the duties of that position, notwithstanding that any other person previously appointed to that position may at that first-mentioned date and for any time thereafter continue to hold that position if (by reason of leave of absence duly granted or other lawful circumstances) that other person is not actually performing the duties of the position, or if the appointing authority is of opinion that a new appointee should be given a period of time in which to make himself familiar with the duties of the position prior to its vacation by the other occupant.

Every person shall be entitled to receive the salary attached to any such position as from the date of his appointment thereto, and no person who has been duly appointed to any such position shall cease to be entitled to receive the salary attached thereto by reason only of the appointment of any other person to that position.

Without limiting the functions of the General Manager with respect to appointments under section eighty-four of this Act, it is hereby declared that the General Manager, once in each year, shall determine, in the case of every member who in his opinion is within range of promotion in the usual course to any position, whether or not he is suitable for appointment to that position.

Every determination under this section in respect of any such member shall be notified to the member in such manner as the General Manager thinks fit.

In making any determination under this section in respect of any such member the General Manager shall be bound by the considerations referred to in subsections four, five, and six of section eighty-four of this Act so far as they are applicable and with the necessary modifications.

Notwithstanding anything elsewhere contained in this Act, all sums payable under this Part of this Act shall be payable out of moneys appropriated by Parliament.

Whenever a vacancy occurs in any position within the Department or a new position is created therein the Minister or the General Manager, as the case may be, may in accordance with the provisions of this section transfer a member of the Department to that position from any other position.

Any vacancy in the Department arising in respect of any position, the appointment to which is made under subsection two of section seventy-seven of this Act, may be notified by official circular if the filling of that position by the transfer of any qualified member then in the Department would result in his promotion. Any notification given under this subsection in respect of a vacancy in any position may invite applications to be made in respect of any consequential vacancy that may be created by the filling of the first-mentioned vacancy, and in any such case it shall not be necessary to give further notification of any such vacancy when it arises.

If, in the opinion of the General Manager, the special nature of the functions or duties attaching to any position makes it necessary or desirable that any member of the Department occupying or appointed to that position should be promoted out of the usual course, the General Manager may by official circular declare the advancement to be special promotion. Nothing in this subsection shall be deemed to deprive any member of any right of appeal conferred by section ninety-five of this Act.

In the event of two or more members being applicants for any vacancy notified by official circular, or in the event of two or more members being eligible for appointment to any vacancy not notified by official circular, preference shall be given to that member who, in the opinion of the appropriate appointing authority, is the most efficient and suitable for appointment to the position.

In the event of two or more members being equally efficient and suitable the decision of the appropriate appointing authority shall be determined by reference to the seniority of the members concerned in respect of their classification.

For the purposes of this section the relative efficiency of two or more members shall be determined by reference to their special qualifications and aptitude for the discharge of the duties of the position to be filled, together with merit, diligence, and good conduct.

Every appointment made under this section shall be duly notified by the General Manager by official circular.

The General Manager may by official circular declare any employee who on the third day of December, nineteen hundred and forty-eight, held a position classified in any of the grades which in the opinion of the Minister were equivalent to the grades from Grade Special C of Class 4 to Grade Special F of Class 5 inclusive of the 1949 classification to have been specially promoted to that position, and in any such case the employee shall be deemed to have been specially promoted to that position from the date of his appointment thereto. In making any declaration under this subsection the General Manager shall be bound by the considerations referred to in subsection three of this section.

Every appointment made under subsection two of section seventy-seven of this Act and involving the promotion of the member so appointed shall be provisional, and shall not be confirmed unless and until all appeals therefrom have been duly determined and have been disallowed, or, if no appeals are made, until the time allowed for the making of appeals therefrom has expired

Notwithstanding anything in the foregoing provisions, the appointing authority may at any time cancel a provisional appointment, whether or not an appeal against that appointment has been made, if he considers that the position is not required, or can be suitably filled by the transfer without promotion of any other member, or that further notification of the position is desirable, or for other sufficient reason.

The General Manager shall, on or before the first day of April, nineteen hundred and fifty-one, and at intervals of not more than five years thereafter, cause a regrading to be made of all positions in the Salaried Division. No such regrading shall take effect unless and until it has been approved by the Minister.

From any grading or regrading of positions made for the purposes of this section there shall be such rights of appeal, if any, as are defined by section ninety-five of this Act.

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 that person, or may be recovered in a summary way.

Every employee, who in the course of his duties is required to weigh on any wagon weigh-bridge goods carried on or intended to be carried on the railway, shall be required to make and subscribe an oath before a solicitor of the Supreme Court or a Justice of the Peace to the following effect:—

The weight set out in any weigh-bridge book, form, or certificate kept, issued, or given by a weigher in respect of any goods shall, for the purpose of determining the question of weight in any transaction with the Crown, acting by and through the Department, in respect of the goods, be accepted, until the contrary is proved, as the correct weight of the goods.

Every weigher who is guilty of any nonfeasance, misfeasance, or malfeasance in the discharge of the duties of his office commits an offence and shall be liable on summary conviction to imprisonment for one year, or to a fine not exceeding fifty pounds without prejudice to any liability resting upon him independently of this section.

Any employee who commits any breach of any regulation under this Act, of any rule of the Department, or of any instruction, whether written or oral, of the employee’s controlling officer for the time being, or who is guilty of any other misconduct, shall be liable to one or more of the following penalties:—

Subject to regulations, the General Manager shall have power to impose upon any employee any of the penalties prescribed by subsection one of this section:

Provided that no member shall be dismissed except by direction of the Minister.

Any fine imposed on an employee under this section may be recovered by deducting the same from the salary or wages due or to accrue due to that employee.

Any fine imposed on or after the first day of April, nineteen hundred and forty-eight, whether under this section, or under the corresponding provisions of any enactment repealed by this Act, shall be paid into the sick-benefit fund of the Government Railway Employees’ Sick-benefit Society or to such other sick-benefit fund established under section forty-four of this Act as the Minister directs.

In no case shall any employee who has been dismissed for theft or peculation or pursuant to any regulation relating to intemperance of employees be again employed on the permanent staff of the Department.

For the purposes of this section, unless the context otherwise requires,—

The General Manager by notification by official circular may from time to time—

and any such class of employees shall while so allocated be deemed to be members of the branch to which they are so allocated.

For the purposes of this Act there shall be a Board, to be called the Government Railways Appeal Board, which shall be the same Board as that existing under the same name at the commencement of this Act.

The Appeal Board shall consist of—

The elected member of the Salaried Division shall act as a member of the Appeal Board only in respect of appeals by employees of that division, and the elected member of any branch of the General Division shall act as a member of the Appeal Board only in respect of appeals by employees of that branch:

Provided that where appeals against any appointment or promotion are made by one or more employees of the Salaried Division, and also by one or more employees of the General Division, the Chairman shall determine which of the elected members shall act as a member of the Appeal Board in respect of those appeals.

No member shall act as a member of the Appeal Board in any appeal affecting himself; and in any such case if the member is an appointed member the Minister shall appoint a member to act as a member of the Appeal Board for the purposes of that appeal, and if the member is an elected member the Chairman, on the recommendation of the service organizations, whose members are affected by the appeal, shall appoint a member to act as a member of the Appeal Board for the purposes of that appeal, or, if those service organizations are unable to agree in recommending a member as aforesaid, the Chairman, after considering their recommendations, shall appoint a member to act as a member of the Appeal Board for the purposes of that appeal.

In the event of the incapacity of any member of the Board by reason of illness, or if from any other cause whatever any member of the Board is not available, the Minister may appoint any other person who is eligible at that date for appointment or election to the position to act in the place of that member:

Provided that, where the Minister so appoints any person to act in the place of an elected member, the Minister shall make the appointment on the recommendation of every service organization any of whose members were entitled to take part in the election of that member if they agree in making such a recommendation, or, if they do not so agree, the Minister shall make the appointment after considering their recommendations.

The members of the Appeal Board may receive, out of moneys appropriated by Parliament, such fees, travelling expenses, and allowances as the Minister of Finance may determine.

With respect to the Appeal Board the following provisions shall apply:—

Notwithstanding anything to the contrary contained in this Act every member of the Appeal Board who is in office at the commencement of this Act or thereafter comes into office shall continue in office until his successor is appointed or elected under this Act.

With respect to the procedure on appeals heard by the Board the following provisions shall apply:—

With respect to the costs of appeal the following provisions shall apply:—

For the purposes of this section the representative appearing for either of the parties to the appeal shall be entitled to such expenses as may be determined by the General Manager, and, unless the Board otherwise directs, these shall be paid by the Department out of moneys appropriated by Parliament for the purpose.

Costs awarded to the appellant shall be payable out of moneys to be appropriated by Parliament.

Costs awarded against the appellant shall be recoverable as a debt due to the Crown.

Any member shall have a right of appeal to the Appeal Board against—

In considering appeals made under paragraphs (b), (c), (d), (e), or (f) of subsection one of this section the Appeal Board shall be bound by the considerations referred to in subsections four, five, and six of section eighty-four of this Act, so far as they are applicable and with the necessary modifications.

In the event of an appeal made to the Government Railways Appeal Board pursuant to paragraphs (c), (d), (e), or (f) of subsection one of this section the Appeal Board shall either allow the appeal or dismiss the same. If the appeal is allowed the appropriate appointing authority shall forthwith appoint the successful appellant and shall cancel the provisional appointment:

Provided that in making the appointment the General Manager may in any appropriate case declare it to be made pursuant to subsection three of section eighty-four of this Act.

Notwithstanding anything to the contrary in subsection one of this section, a member who has received advancement by way of special promotion pursuant to section eighty-four of this Act shall have a right of appeal, to the same extent as if he had not been specially promoted, against the appointment of any other member to a position the nature of which in the opinion of the General Manager requires that the occupant shall possess a particular examination qualification possessed by the first-mentioned member, but not required for the occupancy of the position then occupied by him.

In the event of the Appeal Board allowing an appeal under paragraph (g) of subsection one of this section the appointing authority shall declare that position to be vacant, and shall fill the vacant position as hereinbefore in this Act provided.

No member shall have a right of appeal against the reappointment of a person in accordance with the provisions of section thirty-two of the Superannuation Act, 1947, or section eighty of this Act unless in the case of a reappointment under the said section thirty-two the grading of the position occupied by the person on reappointment is higher than the grading of the position which he occupied when he retired on the ground of being medically unfit.

No member shall have a right of appeal against any appointment made before the third day of December, nineteen hundred and forty-eight, in respect of which a declaration has been made under section thirty-two of the Finance Act (No. 2), 1948, or is made under subsection eight of section eighty-four of this Act, declaring the appointee to have been specially promoted to the position.

Notwithstanding anything contained in this section, no member shall have a right of appeal against any appointment to any position where the appointee is not entitled by virtue of the appointment to any promotion until a member classified below him is promoted.

Every male temporary employee, and every probationer, who (at the date of the imposition of the penalty hereinafter mentioned in this subsection) has had not less than two years’ continuous service in the Department since the date of his last engagement, shall have a right of appeal to the Appeal Board against any of the following penalties

Every male temporary employee and every probationer shall have a right of appeal to the Minister against—

Where an appeal is made to the Minister under the last preceding subsection he shall determine the same in such manner in all respects as he thinks fit and the decision of the Minister shall be final, and no writ of mandamus, prohibition, or certiorari shall lie in respect thereof to any Court.

Nothing in this section shall apply to any apprentice.

Notice of appeal shall be forwarded to the General Manager in writing within fourteen days after the decision appealed against has been notified to the member or temporary employee concerned, as the case may be, or within such extended time as the General Manager may in any case allow.

The Appeal Board shall have jurisdiction to hear and determine appeals under sections ninety-five, ninety-six, and ninety-eight of this Act, and for this purpose to summon and examine witnesses on oath or otherwise. On any such appeal the Board may receive such evidence as it thinks fit, whether that evidence would be legally admissible in other proceedings or not.

In any proceedings under this section the decision of the Appeal Board shall be final, and no writ of mandamus, prohibition, or certiorari shall lie in respect thereof to any Court.

Except as expressly provided in this Act, 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.

Any member of the Department who has rendered full-time service in connection with the Second World War as a member of any of His Majesty’s Naval, Military, or Air Forces shall have a right of appeal in accordance with the foregoing provisions of this Act, as modified by this section, against any appointment made pursuant to an appeal that has been allowed at any time after he commenced his full-time service in any of His Majesty’s Forces.

Notice of an appeal under the last preceding section, as extended by this section, by any member who has rendered full-time service in connection with the Second World War as a member of any of His Majesty’s Forces may be forwarded to the General Manager within twenty-one days after the member has resumed duty with the Department, or within such extended time as the General Manager may in any case allow.

For the purposes of any appeal under this section or section ninety-five of this Act the fact that any person has at any time since the third day of September, nineteen hundred and thirty-nine, been absent from duty in the Department by reason of service in any of His Majesty’s Forces in connection with the Second World War or by reason of service in any other Government Department on account of causes arising out of the Second World War shall not be taken into account in determining his experience or his efficiency or his suitability for appointment to any position for which he would have been eligible if he had not been absent from duty.

No person shall in any way attempt to influence the Appeal Board or any member of that Board in respect of the appeal of any employee.

Any person who commits a breach of the provisions of this section commits an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

Any employee on conviction of such an offence shall, in addition to any other penalty, be liable to dismissal by the Minister.

Nothing in this section shall be so construed as to prohibit any person from giving information or making representations in respect of any appeal at the request or invitation of the General Manager or the Appeal Board, or as a witness or the representative of an appellant before the Appeal Board.

There shall be a Tribunal to be known as the Government Railways Industrial Tribunal, which shall be the same Tribunal as that existing under the same name at the commencement of this Act.

The Tribunal shall consist of three persons (not being employees of the Department or of any service organization) who shall be appointed by the Governor-General in Council on the recommendation of the Minister, and of whom—

Except as provided in the next succeeding subsection every member of the Tribunal shall be appointed for a term of three years, but may from time to time be reappointed, or may be at any time removed from office by the Governor-General in Council for disability, insolvency, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister.

If any member of the Tribunal dies, is removed from office, or resigns, the vacancy so created shall be filled by the appointment in the manner prescribed by subsection two of this section for appointments to the vacant office, of some person qualified for that office. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.

Unless he sooner vacates his office as provided in the last preceding subsection, every member of the Tribunal shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

The powers of the Tribunal shall not be affected by any vacancy in the membership of the Tribunal.

In the event of the incapacity of the Chairman or any other member of the Tribunal by reason of illness or absence or any other cause the Governor-General in Council may, in the manner prescribed by the last preceding section for appointments to the office concerned, appoint some other person qualified for appointment to that office to act in the place of the Chairman or other member. Every person so appointed shall while the incapacity continues be deemed for all purposes to be the Chairman or other member of the Tribunal, as the case may be.

For the purpose of carrying out its functions under this Act the Tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act, 1908, and, subject to the provisions of this Act and of any rules or regulations made under this Act, all the provisions of that Act shall apply accordingly.

The Chairman of the Tribunal, or any other member or the Secretary of the Tribunal, purporting to act by direction or with the authority of the Chairman, may issue summonses requiring the attendance of witnesses before the Tribunal, or the production of documents, or may do any other act preliminary or incidental to the hearing of any application or other matter by the Tribunal.

The Tribunal shall have the following functions in relation to the remuneration and conditions of service of employees of the Department (other than administrative officers), that is to say:—

In exercising its powers and functions under this Act the Tribunal shall have regard to—

1948, No. 38

Every general order increasing or reducing rates of remuneration that is made by the Court of Arbitration pursuant to any regulations under the Economic Stabilization Act, 1948, shall apply with respect to the rates of remuneration of all employees of the Department (other than administrative officers); and the Tribunal shall amend any existing principal order affected thereby accordingly.

Subject to the provisions of this Act, the Tribunal may from time to time, in respect of employees of the Department (other than administrative officers), make principal orders not inconsistent with this Act or any other enactment for all or any of the following purposes:—

Every principal order shall continue in force until it is revoked by a subsequent principal order.

Except as provided in section one hundred and six of this Act, no principal order shall be revoked until it has been in force for at least one year. For the purposes of this subsection, and of subsection three of section one hundred and seven and subsection two of section one hundred and sixteen of this Act, a principal order shall be deemed to come into force on the earliest date on which any provision of the order comes into force.

No principal order shall be deemed to be invalid on the ground that it delegates to, or confers on, the General Manager or any other person any discretionary authority.

Subject to the provisions of this Act, the Tribunal may from time to time during the currency of any principal order make orders for all or any of the following purposes:—

Notwithstanding anything to the contrary in this Act, the Tribunal may make principal orders consolidating any existing orders, and may include therein any matters in respect of which principal orders may be made under section one hundred and four of this Act:

Provided that where a consolidating order is so made all limitations of time applicable under this Act to the making of any order or to any matter ancillary thereto shall apply to every provision of any such consolidating order in all respects as if the consolidating order had not been made.

Any service organization or the General Manager may at any time apply in writing to the Tribunal for a principal order or other order or for a recommendation in accordance with the provisions of this Act.

An application under this section shall be deemed to be made on the day on which it is lodged with the Tribunal.

Except as provided in the last preceding section, no application for a principal order to replace an existing principal order shall be made until the existing order has been in force for at least ten months.

An application under this section may be made jointly by the Amalgamated Society of Railway Servants and the New Zealand Railway Tradesmen’s Association.

In the case of any application made by any service organization or in the case of a joint application as aforesaid, the General Manager shall be the respondent.

In the case of any application made by the General Manager, every service organization in respect of whose members or any of them an order or recommendation is applied for shall be a respondent.

Every application under this section shall name the applicant or applicants and the respondent or respondents, and shall contain a detailed statement of the claims made by the applicant or applicants.

A copy of every application shall, as soon as it is made, be sent by the applicant to the respondent or to each respondent if there are two or more, and also to every service organization that is neither an applicant nor a respondent.

At any time within one month after a copy of any application is sent to any respondent under the last preceding section or within such further time as the Tribunal may in any case allow, the respondent may lodge with the Tribunal a statement in detail admitting such of the claims in the application as he desires to admit, or making a counter-proposal with respect to all or any of the claims in the application.

A copy of every such statement shall at the same time be sent by the respondent to the applicant or to each applicant if there are two or more, and also to every service organization that is neither an applicant nor a respondent.

Subject to the provisions of any rules or regulations made under this Act, the person making any application or statement under this Act may amend it at any time before the final determination of the application by the Tribunal.

Where all the parties to any application for a principal order or other order agree in writing upon all or any of the terms to be incorporated in the order, the Tribunal may, if it thinks fit, in making its order, incorporate in the order all or any of the terms so agreed upon, without making inquiry into the matters to which those terms relate, except so far as may be necessary to ensure that the order is in accordance with this Act.

At any time after the respondent’s statement in reply to any application has been lodged with the Tribunal or after the expiration of the time allowed for lodging the respondent’s statement, the Tribunal shall appoint a day and place for the hearing of the application, and shall notify the applicant and the respondent and also every service organization that is neither an applicant nor a respondent of the day and place so appointed.

Except with the consent of the respondent, the day so appointed shall not be earlier than one month after the making of the application.

The Tribunal may adjourn the hearing of any application from time to time and from place to place.

For the purposes of the hearing of any application the applicant may appoint one assessor and the respondent, or the respondents jointly if there are two or more, may appoint one assessor:

Provided that where the Amalgamated Society of Railway Servants and the New Zealand Railway Tradesmen’s Association are joint applicants or are both respondents, the applicants or respondents, as the case may be, may appoint two assessors and the General Manager may appoint two assessors.

No person shall be qualified to be appointed to be an assessor unless he is a member of the Department or the General Secretary or an assistant general secretary of a service organization.

The assessors appointed in respect of any application shall be entitled to be present at and to take part in the hearing and determination of that application as if they were members of the Tribunal, but they shall not be entitled to vote and shall not be parties to any decision of the Tribunal:

Provided that the members of the Tribunal other than the assessors may at any time deliberate in private as to the Tribunal’s decision on the application or as to any question arising in the course of the proceedings.

The Tribunal’s powers in relation to any application shall not be affected by any failure to appoint an assessor or by the absence of any assessor.

At the hearing by the Tribunal of any application the applicant and the respondent and, with the leave of the Tribunal, any service organization that is neither an applicant nor a respondent may be represented by an advocate or advocates. No person shall be an advocate unless he is a member of the Department or the General Secretary or an assistant general secretary of a service organization.

Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal may from time to time make rules for regulating its procedure.

Subject to the provisions of this Act and of any rules or regulations made under this Act, the Tribunal may regulate its procedure in such manner as it thinks fit.

The presence of the Chairman and of at least one other member shall be necessary to constitute a sitting of the Tribunal.

The decision of a majority of the members present at a sitting of the Tribunal shall be the decision of the Tribunal. If the members present are equally divided in opinion, the decision of the Chairman shall be the decision of the Tribunal.

Every order made by the Tribunal shall be signed by the Chairman and at least one other member of the Tribunal.

Every order made by the Tribunal in accordance with this Act shall be binding on the Crown and on every employee whom the order purports to affect, whether or not any such employee is a member of any service organization.

Any order or provision of an order may be made by the Tribunal so as to come into force on a day to be specified in that behalf in the order, being either before or after the date of the order but not earlier in any case than the date of the making of the application for the order and, in the case of a principal order replacing an existing principal order (except as provided in section one hundred and six of this Act), not earlier than one year after the date of the coming into force of the existing order.

The Minister may, in any case where he deems it necessary, direct that any order shall take effect on a date earlier than that provided for in the order, whereupon the order shall be deemed to take effect on that date as if made by the Tribunal.

Every order or provision of an order in respect of which no date is specified as aforesaid shall come into force on the day after the date of the order.

Proceedings before the Tribunal shall not be held bad for want of form. No appeal shall lie from any order of the Tribunal, and, except upon the ground of lack of jurisdiction, no proceeding or order as aforesaid shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

No person shall in any manner attempt to influence the Tribunal or any member of the Tribunal in respect of any matter within the functions of the Tribunal.

Nothing in this section shall be so construed as to prohibit any person from giving information or advice or making representations with respect to any such matter at the request or invitation of the Tribunal, or as an assessor, or as an advocate or witness before the Tribunal.

Every person who commits a breach of any of the provisions of this section commits an offence, and shall be liable on summary conviction to a fine not exceeding fifty pounds.

There shall be paid out of moneys appropriated by Parliament for the purpose to the members of the Tribunal and to assessors appointed under this Act such remuneration by way of salary, fees, or allowances and such travelling expenses and allowances as may from time to time be prescribed by regulations made under this Act.

The Governor-General may from time to time, by Order in Council, make regulations not inconsistent with this Act for all or any of the following purposes:—

Regulations made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date of the Order in Council making the regulations), and if no such date is specified shall come into force on the date of publication in the Gazette of a notification of the making of the regulations.

All regulations made under this Act shall be laid before Parliament within twenty-eight days after the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.

The enactments mentioned in the Third Schedule to this Act are hereby repealed.

Section ten of the Finance Act, 1938, is hereby amended by omitting from subsection one the words “or in the Government Railways Department”.

All offices, appointments, licences, regulations, rules, Proclamations, Orders in Council, orders, consents, warrants, determinations, elections, certificates, permits, records, instruments, and generally all acts of authority which originated under any of the enactments hereby repealed or under the corresponding provisions of any former Act and are subsisting or in force on the commencement 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:

Provided that in so far as any such regulations relate to matters in respect of which any principal order made by the Tribunal under this Act is for the time being in force, the regulations shall be read subject to the provisions of the principal order.

All by-laws which originated under any of the enactments hereby repealed or under the corresponding provisions of any former enactment and are subsisting or in force on the commencement of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated as regulations under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to be regulations and to have so originated, and every reference to any such by-law in any Act, regulation, Ordinance, order, or other enactment, or in any agreement, deed, instrument, application, licence, notice, or other document whatsoever shall, after the commencement of this Act, unless inconsistent with the context, be read as a reference to a regulation made under the corresponding provisions of this Act.

The publication in the Gazette of any by-law which originated under any of the enactments hereby repealed or under the corresponding provisions of any former enactment shall be evidence in all Courts of the same having been duly made under the authority of that enactment.

All matters and proceedings commenced under any such enactment and pending or in progress on the commencement of this Act may be continued, completed, and enforced under this Act.