War Regulations for Soldiers' Protection




1280
THE NEW ZEALAND GAZETTE
[No. 54

made on the seventh day of May, one thousand nine hundred and eighteen, under the War Regulations Act, 1914, for the protection of the guarantors of soldiers against bankruptcy proceedings or the execution of civil process.

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REGULATIONS.

  1. THESE regulations may be cited as the Soldiers’ Protection Regulations, 1919.

  2. In these regulations—
    “Soldier” means a member of an Expeditionary Force under the Expeditionary Forces Act, 1915, who is in receipt of military pay as such, or who is on leave without pay after his return to New Zealand from military service beyond the seas:
    “Discharged soldier” means a person who has in any manner ceased to be a member of any such Expeditionary Force after military service as such beyond the seas:
    “Recently discharged soldier” means a discharged soldier at any time within the six months immediately succeeding his return to New Zealand after military service beyond the seas:
    “Assisted discharged soldier” means a discharged soldier who is for the time being indebted to the Crown in respect of any loan granted to him, with or without security, under the Discharged Soldiers Settlement Act, 1915, or the Repatriation Act, 1918.

  3. Without the previous consent in writing of the Attorney-General granted on the recommendation of a Stipendiary Magistrate it shall not be lawful for any person—
    (a.) To issue any process of execution against the property of a soldier, or recently discharged soldier, or assisted discharged soldier in pursuance of any judgment, decree, or order of any Court in its civil jurisdiction, whether obtained before or after the making of these regulations; or
    (b.) To seize or sell the property of any soldier, recently discharged soldier, or assisted discharged soldier by way of distress for rent; or
    (c.) To file a bankruptcy petition against a soldier, recently discharged soldier, or assisted discharged soldier; or
    (d.) To exercise (otherwise than with the leave of the Supreme Court under the Mortgages Extension Act, 1914) any power of sale conferred by any mortgage, bill of sale, or other security over the property of a soldier, recently discharged soldier, or assisted discharged soldier, whether that mortgage, bill of sale, or security was given before or after the making of these regulations, and whether the person whose property is subject thereto became a soldier, recently discharged soldier, or assisted discharged soldier before or after the date of the mortgage, bill of sale, or security.

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SCHEDULE.
ORDERS IN COUNCIL REVOKED.

Order in Council dated the 31st day of July, 1916, relative to the protection of soldiers against arrest or criminal proceedings under the Destitute Persons Act, 1910, or the Imprisonment for Debt Limitation Act, 1908.

Order in Council dated the 16th day of March, 1917, relative to the protection of soldiers against distress for rent, bankruptcy proceedings, and the execution of civil process.

Order in Council dated the 18th day of June, 1917, amending the last-mentioned Order in Council.

Order in Council dated the 1st day of October, 1917, relative to the protection of soldiers against the enforcement of certain securities.

F. W. FURBY,
Acting Clerk of the Executive Council.

By Authority: MARCUS F. MARKS, Government Printer, Wellington.




Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1919, No 54


NZLII PDF NZ Gazette 1919, No 54





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🛡️ War Regulations for the Protection of Soldiers and Discharged Soldiers (continued from previous page)

🛡️ Defence & Military
29 April 1919
War Regulations, Soldiers, Discharged Soldiers, Protection, Civil Judgments, Bankruptcy, Forfeitures, Distress, Re-entry, Mortgage, Security
  • F. W. Furby, Acting Clerk of the Executive Council