War Regulations on Enemy Property




business in enemy territory, and any company or body corporate
incorporated in enemy territory:

“Enemy territory” means any territory in Europe which at the
commencement of the war with Germany formed part of the
German Empire, or of the Empire of Austria-Hungary, or of the
Kingdom of Bulgaria, or of the State of Turkey:

“Enemy property” means property of any kind whatever which
belongs or at any time since the commencement of the war with
Germany has belonged to an enemy, or in which an enemy has
or at any such time has had an interest (other than property
which now belongs exclusively to persons, firms, or companies
in New Zealand, and in which no enemy has any longer any
interest), and includes all moneys which are the revenues of enemy
property or are the proceeds of the sale, realization, or disposition
thereof, and all moneys which are on any account whatever
payable to or for the benefit of an enemy.

  1. Nothing in these regulations shall apply to any property which first
    becomes enemy property after the termination of the war with Germany,
    unless that property consists of the proceeds of the sale, realization, or
    disposition of property which was enemy property during that war, or
    consists of rents, profits, interest, or other revenues derived from property
    which was enemy property during that war.

  2. It shall not be lawful for any person, without the consent of the
    Attorney-General, directly or indirectly to send or transmit any enemy
    property out of New Zealand, or to deal with enemy property in any manner
    whatever with intent to reduce such property or the proceeds of the sale,
    realization, or disposition thereof into the possession of an enemy or of any
    person out of New Zealand on behalf of an enemy, or with intent otherwise
    to make the same available out of New Zealand by or for the benefit of an
    enemy.

  3. The Public Trustee shall act as the Custodian of Enemy Property
    under these regulations.

  4. (1.) On or before the 1st day of September, 1919, every person who
    at the date of these regulations holds or has the possession, management,
    or control of any enemy property shall, by notice in writing, communicate
    the fact, together with full particulars of such property, to the Custodian of
    Enemy Property at Wellington.

(2.) This clause shall not apply to enemy property of which full particulars
have been already supplied to the Custodian in accordance with
the aforesaid regulations of the 3rd day of April, 1916.

  1. Every person who for the time being holds or has the possession,
    management, or control of any enemy property shall from time to time
    give to the Custodian of Enemy Property such information with respect
    thereto as the Custodian may require.

  2. Money owing or payable to an enemy or to any person on behalf of
    an enemy shall be deemed to be enemy property held by the person by
    whom it is payable, and also by the agent, attorney, or representative of
    that person in New Zealand.

  3. Property owned jointly or in common by an enemy and by any person
    in New Zealand shall be deemed to be enemy property held by such
    person in New Zealand.

  4. Shares owned by or on behalf of an enemy in any company incorporated
    in New Zealand shall be deemed to be enemy property held by that
    company.

  5. No person shall by any false, misleading, or incomplete statement
    deceive or attempt to deceive the Custodian in any matter relating to
    enemy property.

  6. All persons owing money due to an enemy, or having in their possession
    any money due and payable to or held in trust for or held on account
    of an enemy, shall on demand made by the Custodian of Enemy Property
    forthwith, or so soon as may be reasonably practicable, pay such money
    to the Custodian.

  7. All persons having in their possession any enemy property, being
    share-certificates, debentures, bonds, instruments of mortgage or other
    securities for money, or documents of title to land or any interest therein,
    shall on demand made by the Custodian of Enemy Property forthwith
    deliver the same to the Custodian.

  8. All bank balances and other sums payable on demand shall for
    the purposes of these regulations be deemed to become or to have become
    due and payable at any time at which such demand might lawfully have
    been made in time of peace.

  9. All moneys received by the Public Trustee as the Custodian of
    Enemy Property under these regulations shall be invested in accordance



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1919, No 95


NZLII PDF NZ Gazette 1919, No 95





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🛡️ War Regulations as to Enemy Property (continued from previous page)

🛡️ Defence & Military
5 August 1919
War Regulations, Enemy Property, Custodian, Public Trustee, Attorney-General