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8.-9.

Shortly, the case for the claimants was that the earthquake of itself did not kill or physically injure anybody. It was by reason of the collapse of buildings and otherstructures that persons were killed or injured, so that in the case of workers the injuries arose from physical contact with the premises in or about which the performance of their duties required them to be. The Court of Appeal, however, decided that the injuries sustained by the workers or the deaths of the workers did not arise in the couise of their employment and that claims for compensation did not lie. An appeal to the Privy Council was considered desirable, but before this could be undertaken it was necessary to provide the required costs. As may be imagined, the expenses attendant on such an appeal amount to a considerable sum. The appellants were quite unable to provide the necessary funds, and it was obvious that the appeals could not be proceeded with unless funds were found from some outside source. Application was thereupon made for financial assistance out of the amount subscribed for the sufferers from the Hawke's Bay earthquake. The Central Committee of the Hawke's Bay Earthquake Relief Fund recognized that it was proper, seeing that there was a reasonable chance of success, to assist sufferers to take the claims to the Privy Council. In coming to this decision, the Committee was also actuated by the consideration that, in the event of compensation being obtained, there would be a corresponding saving to the relief funds which would thereby be relieved of a portion of the burden of providing for persons injured or the dependants of persons injured or killed. The charge against the fund in this respect was a heavy one, and any additional assistance obtained would contribute to the stability of the fund previously placed on separate trusts to provide for persons injured and the dependants of persons injured or killed. The Committee therefore set aside a sum to be utilized for the prosecution of the appeals, and authorized the Right Hon. the Prime Minister, Chairman of the Committee, and the Public Trustee, Executive Officer, to make the necessary arrangements. In dealing with the appeals, several conferences were held by the Public Trustee with the appellants' solicitors, Messrs. P. J. O'Regan and Son, and Messrs. Luckie and Wiren, and throughout there was close co-operation between them and the Public Trustee. At the request of the solicitors, the Public Trustee also perused the submissions to the Privy Council before transmission to counsel in England. The appeal to the Privy Council was successful, and, as a result, those with claims under the Workers' Compensation Act arising out of the earthquake will be enabled to proceed. Where compensation is obtained the provision made for sufferers out of the Relief Fund will, in accordance with the directions of the Central Committee, be reviewed and any necessary adjustments made. It is pleasing that the result of the appeals so amply justified the assistance which was given from the relief fund. WAIROA-GISBORNE EARTHQUAKE RELIEF FUND. 22. On the 16th September, 1932, a severe earthquake occurred in the Wairoa and Gisborne districts, causing considerable damage over a wide area. The Public Trustee had acted as executive officer of the Central Committee of the Hawke's Bay Earthquake Relief Fund in connection with the Hawke's Bay earthquake of the 3rd February, 1931, and he was entrusted with similar duties in connection with the Wairoa-Gisborne earthquake. An appeal for contributions for assistance for sufferers was made by the Right Hon. the Prime Minister, and officers of the Public Trust Office were sent to the area affected to ascertain, at first hand, what was needed and to arrange for the necessary local committees to carry out the work in the districts concerned. The representatives of the Public Trust Office in the earthquake area were appointed to the local committees to represent the Public Trustee, as executive officer of the Central Committee. Statutory provision was made to apply the provisions of the Hawke's Bay Earthquake Relief Funds Act, 1931, to the Wairoa-Gisborne Earthquake Relief Fund, and to extend the purposes of the Hawke's Bay Earthquake Relief Fund to corresponding purposes in connection with the Wairoa-Gisborne earthquake.

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