✨ War Regulations
Aug. 27.] THE NEW ZEALAND GAZETTE. 3069
license issued in that behalf by the National Efficiency Board, and in accordance with the terms and conditions of that license; and every person who carries on, or is knowingly concerned in carrying on, any business in breach of this regulation shall be guilty of an offence, and shall be liable under the War Regulations Act, 1914, accordingly.
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A license granted as aforesaid may be granted on such terms and conditions as the National Efficiency Board thinks necessary for the maintenance of the protected business or for the control in the public interest of the restricted business.
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In particular, and without in any manner restricting the generality of the last preceding clause, any such license may be granted on the condition that the licensee shall enter into a deed of agreement with the Board of Trustees of the protected business, acting in the name and on behalf of the soldier, to make to that Board on behalf of the soldier such payments as may be estimated by the National Efficiency Board to be equivalent to the additional profits to be derived by the restricted business from the cessation or diminution of the protected business through the absence of the soldier on military service.
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The amount and terms of the payments to be so made shall be set out in the agreement with the Board of Trustees, and such payments may be estimated either as fixed sums or as defined proportions of the profits of the restricted business, or in such other manner as the National Efficiency Board thinks just and practicable in the particular case.
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All payments so agreed upon shall constitute a debt recoverable from the licensee by the Board of Trustees in the name and on behalf of of the soldier.
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All moneys so received by the Board of Trustees shall be deemed to represent profits derived by that Board from the management of the protected business, and shall be disposed of by the Board of Trustees for and on behalf of the soldier accordingly.
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A license granted by the National Efficiency Board under the foregoing provisions may be at any time revoked by that Board by notice given to the licensee in the manner hereinbefore provided with respect to notices, and such revocation shall take effect on the fourteenth day after notice of revocation has been so given.
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Any such license may be at any time surrendered by the licensee by notice given to the National Efficiency Board.
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When any license has been so revoked or surrendered, or when the business in respect of which the license has been issued ceases to be a restricted business, every agreement entered into between the licensee and the Board of Trustees as a condition of the grant of that license shall thereupon determine and cease to be in force; save that no such determination shall release the licensee from his obligation to make any payments already payable under that agreement, together with an apportioned part of any payment then accruing due.
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After any such revocation or surrender has taken effect it shall not be lawful for any person, so long as the business in respect of which the license was issued remains a restricted business, to carry on that business save under and in pursuance of a new license granted by the National Efficiency Board on such terms and conditions as the Board, in accordance with the foregoing provisions as to licenses, thinks fit to impose; and every person who carries on, or is knowingly concerned in carrying on, such business in breach of this regulation shall be guilty of an offence, and shall be liable under the War Regulations Act, 1914, accordingly.
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Every agreement so entered into with a Board of Trustees shall, unless sooner determined under these regulations, remain in force so long as the business of the licensee remains a restricted business.
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A restricted business shall remain so restricted notwithstanding the death of the soldier by whom the protected business was carried on, but it shall cease to be a restricted business so soon as that soldier has been discharged from the Expeditionary Force.
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When a business is carried on by a soldier in partnership with any other person, the business shall, for the purposes of clause 3 of these regulations, be deemed, in respect and to the extent of the share of the soldier therein, to be a separate business carried on by him, and may become a protected business accordingly; and in such case the business may, in respect and to the extent of the interests of the other partner or partners therein, become a restricted business under these regulations.
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When a business is carried on by a private company within the meaning of the Companies Act, 1908, and one of the shareholders is a soldier, the business shall, for the purposes of clause 3 of these regulations, be deemed, in respect and to the extent of the share of the soldier in that company, to be a separate business carried on by him, and may become a protected business accordingly; and in such case the business
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1918, No 115
NZLII —
NZ Gazette 1918, No 115
✨ LLM interpretation of page content
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War Regulations for the Protection of Soldiers’ Businesses
(continued from previous page)
🛡️ Defence & Military27 August 1918
War Regulations, Soldiers' Businesses, Protection, Public Welfare, Licensing, National Efficiency Board