DISCLOSURE OF TRADE SECRETS.

SEC. 85. (1) No evidence relating to any trade secret, or to the profits or financial position, of any witness or party shall be disclosed, except to the court, or published without the consent of the person entitled to the trade secret or nondisclosure.

Penalty: Five hundred pounds ($2,433.25) or three months' imprisonment. (2) All such evidence shall, if the witness or party so requests, be taken in private.

INFORMATION CONFIDENTIAL.

SEC. 86. All books, papers, and other documents produced in evidence before the court may be inspected by the court, and also by such of the parties as the court allows; but the information obtained therefrom shall not be made public without the permission of the court: Provided, That such books, papers, and documents relating to any trade secret, or to the profits or financial position of any witness or party, shall not without his consent be inspected by any party. Penalty: Five hundred pounds ($2,433.25) or three months' imprisonment.

COUNSELING OR PROCURING OFFENSES.

SEC. 87. Every person who, or organization which, is directly or indirectly concerned in the commission of any offense against this act, or counsels, takes part in, or encourages the commission of any such offense, shall be deemed to have committed that offense and shall be punishable accordingly.

ATTEMPTS.

SEC. 88. Any attempt to commit an offense against this act shall be an offense against this act punishable as if the offense had been committed.

JURISDICTION OF STATE COURTS.

SEC. 89. For the purposes of this act, a State court or magistrate, whose jurisdiction is limited, as to area, subject matter, or parties, to any part of a State, shall be deemed to have jurisdiction throughout the State: Provided, 'That on the hearing of any proceeding in a court of summary jurisdiction for the recovery of any penalty, fine, fee, levy, or due, the court, if in the interests of justice it thinks fit, may adjourn the hearing to a court of summary jurisdiction to be held at some other place in the same State.

COPY OF AWARD TO BE FILED.

SEC. 90. An office copy of every award shall be filed in the principal registry and in the district registry in each State within the limits of which the award has effect, and may be inspected by any person on payment of a fee of six'pence (12 cts.).

EVIDENCE OF AWARD.

SEC. 91. An office copy of an award, purporting to be sealed with the seal of the court or certified to be true under the hand of the registrar, shall be received in all courts as evidence of the award without proof of the seal of the court or of the signature of the registrar.

REGULATIONS.

SEC. 92. The Governor General may make regulations, not inconsistent with this act, prescribing all matters and things which by this act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this act.

SCHEDULES.
Schedule A.

I, A. B., do swear that I will well and truly serve our sovereign lord the King in the office of (president or deputy president as the case may be) of the Commonwealth court of conciliation and arbitration, and that I will faith

fully and impartially perform the duties of that office, and that I will not, contrary to my duty, disclose to any person any evidence or other matter brought before the court: So help me God.

Or, I, A. B., do solemnly and sincerely promise and declare that (etc., as above, omitting words "So help me God").

Schedule B.

CONDITIONS TO BE COMPLIED WITH BY ASSOCIATIONS APPLYING FOR REGISTRATION AS ORGANIZATIONS.

I. The affairs of the association shall be regulated by rules specifying the purposes for which it is formed, and providing for the following matters in relation to the association:

(a) A committee of management and officers;

(b) The powers and duties of the committee and of officers;

(c) The removal of members of committee and of officers;

(d) The control of the committee by the members, either as a whole, or in district meetings, or by a general governing body, or otherwise;

(e) The mode in which industrial agreements and other documents may be executed by or on behalf of the association;

(f) The power of bringing industrial disputes before the court;

(g) The times when and terms on which persons shall become or cease to be members;

(h) The mode in which the property is to be controlled and the funds invested;

(i) The yearly or other more frequent audit of the accounts;

(j) The conditions under which funds may be disbursed for ordinary and extraordinary purposes;

(k) The keeping of a register of the members;

(1) The registered office; and

(m) The repeal and alteration of, and addition to, the rules.

II. The rules of an association may also provide for any other matter not contrary to law.

III. No two associations shall be registered as organizations under the same

name.

IV. An application, in the prescribed form, for registration of an association as an organization must be made to the industrial registrar, or to the deputy industrial registrar in charge of the registry in the State where the office of the association is situated, and shall be signed by two or more officers of the association.

V. Every application for registration shall be in duplicate and shall be accompanied by

(a) Two copies of a list of the members and officers of the association, so far as known to those signing the application;

(b) Two copies of the rules of the association; and

(c) Two copies of a resolution passed in accordance with the rules by a majority of the members present at a general meeting of the association in favor of registration of the association as an organization; or

(d) Two copies of a resolution passed by an absolute majority of the committee of management in favor of registration of the association as an organization.

NEW ZEALAND.

INDUSTRIAL, CONCILIATION, AND ARBITRATION ACT, 1908 (AMENDED TO 1913).

INDUSTRIAL AND CONCILIATION ACT, 1908 (AMENDED TO 1913).

SECTION 1. (1) The short title of this act is "The industrial conciliation and arbitration act, 1908."

SEC. 2 (as amended by act No. 239, 1908). (1) In this act, if not inconsistent with the context

"Board

means a board of conciliation for an industrial district constituted under this act. [See secs. 27-29, p. 266.]

"Court

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means the court of arbitration constituted under this act. Employer includes persons, firms, companies, and corporations employing one or more workers.

“Industrial association" means an industrial association registered under this act.

"Industrial dispute" means any dispute arising between one or more employers or industrial unions or associations of employers and one or more industrial unions or associations of workers in relation to industrial matters.

"Industrial matters" means all matters affecting or relating to work done or to be done by workers, or the privileges, rights, and duties of employers or workers in any industry, not involving questions which are or may be the subject of proceedings for an indictable offense; and, without limiting the general nature of the above definition, includes all matters relating to

(a) The wages, allowances, or remuneration of workers employed in any industry or the prices paid or to be paid therein in respect of such employment. (b) The hours of employment, sex, age, qualification, or status of workers, and the mode, terms, and conditions of employment;

(c) The employment of children or young persons, or of any person or persons or class of persons, in any industry, or the dismissal of or refusal to employ any particular person or persons or class of persons therein;

(d) The claim of members of an industrial union of employers to preference of service from unemployed members of an industrial union of workers;

(e) The claim of members of industrial unions of workers to be employed in preference to nonmembers;

(f) Any established custom or usage of any industry, either generally or in the particular district affected.

"Industrial union " means an industrial union registered under this act.

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Industry means any business, trade, manufacture, undertaking, calling, or employment in which workers are employed.

"Judge " means the judge of the court of arbitration.

"Officer " when used with reference to any union or association, means president, vice president, treasurer, or secretary.

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Prescribed " means prescribed by regulations under this act.
Registrar means the registrar of industrial unions under this act.

"Supreme court office " means the office of the supreme court in the industrial district wherein any matter arises to which such expression relates; and, where there are two such offices in any such district, it means the office which is nearest to the place or locality wherein any such matter arises.

“Trade-union" means any trade-union registered under "The trade-unions act, 1908," whether so registered before or after the coming into operation of this act.

"Worker " means any person of any age of either sex employed by any employer to do any work for hire or reward.

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(2) In order to remove any doubt as to the application of the foregoing definitions of the terms "employer," industry," and "worker," it is hereby declared that for all the purposes of this act an employer shall be deemed to be engaged in an industry when he employs workers who by reason of being so employed are themselves engaged in that industry, whether he employs them in the course of his trade or business or not.

ADMINISTRATION OF ACT.

SEC. 3. The minister of labor shall have the general administration of this act.

REGISTRAR.

SEC 4. The registrar shall be the person who for the time being holds the office of secretary for labor, or such other person as the governor from time to time appoints to be registrar.

(2) The registrar may, in any matter arising in or out of the performance of his duties, state a case for the advice and opinion of the court.

(3) The governor may from time to time appoint some fit person to be deputy registrar, who shall under the control of the registrar perform such general official duties as he is called upon to perform under this act or by the registrar, and who in case of the illness, absence, or other temporary incapacity of the registrar shall act in his name and on his behalf, and while so acting shall have and may exercise all the powers, duties, and functions of the registrar.

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REGISTRATION OF SOCIETIES.

SEC. 5 (as amended by act No. 239, 1908, and No. 33, 1911). Subject to the provisions of this act, any society consisting of not less than three persons in the case of employers, or fifteen in the case of workers, lawfully associated for the purpose of protecting or furthering the interests of employers or workers in or in connection with any specified industry or industries in New Zealand, may be registered as an industrial union under this act on compliance with the following provisions :

(a) An application for registration shall be made to the registrar in writing, stating the name of the proposed industrial union, and signed by two or more officers of the society.

(b) Such application shall be accompanied by

(i) A list of the members and officers of the society with the locality in which the members and officers reside or exercise their calling.

(ii) Two copies of the rules of the society.

(iii) A copy of a resolution passed by a majority of the members present at a general meeting of the society, specially called in accordance with the rules for that purpose only, and desiring registration as an industrial union of employers, or, as the case may be, of workers.

(c) Such rules shall specify the purposes for which the society is formed, and shall provide for

(i) The appointment of a committee of management, a chairman, secretary, and any other necessary officers, and, if thought fit, of a trustee or trustees. (ii) The powers, duties, and removal of the committee, and of any chairman, secretary, or other officer or trustee, and the mode of supplying vacancies.

(iii) The manner of calling general or special meetings, the quorum thereat, the powers thereof, and the manner of voting thereat.

(iv) The mode in which industrial agreements and any other instruments shall be made and executed on behalf of the society, and in what manner the society shall be represented in any proceedings before a board or the court.

(v) The custody and use of the seal, including power to alter or renew the

same.

(vi) The control of the property, the investment of the funds, and an annual or other shorter periodical audit of the accounts.

(vii) The inspection of the books and the names of the members by every person having an interest in the funds.

(viii) A register of members, and the mode in which and the terms on which persons shall become or cease to be members, and so that no member shall discontinue his membership without giving at least three months' previous written notice to the secretary of intention so to do, nor until such member has paid all fees, fines, levies, or other dues payable by him under the rules, except pursuant to a clearance card duly issued in accordance with the rules.

(ix) The purging of the rolls by striking off any members in arrears of dues for twelve months; but this is not to free such discharged persons from arrears due.

(x) The conduct of the business of the society at some convenient address to be specified, and to be called "the registered office of the society."

(xi) The amendment, repeal, or alteration of the rules, but so that the foregoing requirements of this paragraph shall always be provided for. (xii) Any other matter not contrary to law.

SAME SUBJECT.

SEC. 6. (1) On being satisfied that the society is qualified to register under this act, and that the provisions of the last preceding section hereof have been complied with, the registrar shall, without fee, register the society as an industrial union pursuant to the application, and shall issue a certificate of registration, which, unless proved to have been canceled, shall be conclusive evidence of the fact of such registration and of the validity thereof.

(2) The registrar shall at the same time record the rules, and also the situation of the registered office.

INCORPORATION OF SOCIETIES.

SEC. 7. (1) Every society registered as an industrial union shall, as from the date of registration, but solely for the purposes of this act, become a body

corporate by the registered name, having perpetual succession and a common seal, until the registration is canceled as hereinafter provided.

(2) There shall be inserted in the registered name of every industrial union the word "employers" or "workers,” according as such union is a union of employers or workers, and also (except in the case of an incorporated company) the name of the industry in connection with which it is formed and the locality in which the majority of its members reside or exercise their calling, as thus: “The [Christchurch grocers'] industrial union of employers"; "The [Wellington tram drivers'] industrial union of workers."

REGISTRATION OF TRADE-UNIONS.

SEC. 8. With respect to trade-unions the following special provisions shall apply, anything hereinbefore contained to the contrary notwithstanding:

(a) Any such trade-union may be registered under this act by the same name (with the insertion of such additional words as aforesaid).

(b) For the purposes of this act every branch of a trade-union shall be considered a distinct union, and may be separately registered as an industrial union under this act.

(c) For the purposes of this act the rules for the time being of the tradeunion, with such addition or modification as may be necessary to give effect to this act, shall, when recorded by the registrar, be deemed to be the rules of the industrial union.

REGISTRATION OF SOCIETIES OF EMPLOYERS.

SEC. 9. With respect to the registration of societies of employers the following special provisions shall apply:

(a) In any case where a copartnership firm is a member of the society, each individual partner residing in New Zealand shall be deemed to be a member, and the name of each such partner (as well as that of the firm) shall be set out in the list of members accordingly, as thus: "Watson, Brown & Co., of Wellington, boot manufacturers; the firm consisting of four partners, of whom the following reside in New Zealand-that is to say, John Watson, of Wellington, and Charles Brown, of Christchurch": Provided, That this paragraph shall not apply where the society to be registered is an incorporated company.

(b) Except where its articles or rules expressly forbid the same, any company incorporated under any act may be registered as an industrial union of employers, and in such case the provisions of section five hereof shall be deemed to be sufficiently complied with if the application for registration is made under the seal of the company, and pursuant to a resolution of the board of directors, and is accompanied by

(1) A copy of such resolution.

(ii) Satisfactory evidence of the registration or incorporation of the company.

(iii) Two copies of the articles of association or rules of the company. (iv) A list containing the names of the directors, and of the manager or other principal executive officer of the company.

(V) The situation of the registered office of the company.

REGISTRATION OF FOREIGN COMPANIES.

(c) Where a company registered out of New Zealand is carrying on business in New Zealand through an agent acting under a power of attorney, such company may be registered as an industrial union of employers, and in such case the provisions of section five hereof shall be deemed to be complied with if the application to register is made under the hand ci the agent for the company, and is accompanied by

(i) Satisfactory evidence of the registration or incorporation of the company. (ii) Two copies of its articles of association or rules.

(iii) The situation of its registered office in New Zealand.

(iv) A copy of the power of attorney under which such agent is acting.

(v) A statutory declaration that such power of attorney has not been altered or revoked.

(d) In so far as the articles or rules of any such company are repugnant to this act they shall, on the registration of the company as an industrial union of employers, be construed as applying exclusively to the company and not to the industrial union.