Enemy Property Regulations




REGULATION 5.—TRANSFERS BY CUSTODIAN OF ENEMY PROPERTY.

(1) On the execution, in such manner as the Public Trustee thinks fit, of a transfer by the Public Trustee, as Custodian of Enemy Property, of the title to any property, right, or interest vested in him under the last preceding regulation, and on a request of the Public Trustee, as Custodian of Enemy Property, to register such transfer, it shall be the duty of the corporation or authority, notwithstanding anything to the contrary in the regulations or constitution of the corporation or authority, to register the transferee as the owner of the property, right, or interest so transferred, notwithstanding the non-production of any scrip, share-certificate, debenture-certificate, or other document of title.

(2) A statement or recital in any transfer, conveyance, assignment, lease, or other disposition of such property or such estate, right, or interest therein shall, respecting any matter of fact in relation to such transfer, conveyance, assignment, lease, or other disposition, be sufficient evidence of the facts therein stated or recited.

(3) If any corporation or authority makes default in complying with a request of the Public Trustee, as Custodian of Enemy Property under this regulation, to register any transfer by him, every director, manager, and secretary of that corporation or authority shall be guilty of an offence against these regulations.

REGULATION 6.—PAYMENTS AND DELIVERY TO CUSTODIAN.

(1) All rents, dividends, interest, shares of profits, and other income being enemy property shall be paid to the Custodian of Enemy Property.

(2) Every such payment shall, in the case of moneys already so due and payable at the date of the coming into force of these regulations, be made within fourteen days after the coming into force of these regulations, and shall in all other cases be made within fourteen days after the day on which such moneys become due and payable, or after any later day on which the person to or on behalf of whom they are due and payable becomes an enemy.

(3) In the case of all moneys being enemy property (other than rents, dividends, interest, shares of profits, and income as aforesaid) the Custodian of Enemy Property may, if he thinks it expedient in the public interest, demand payment of such moneys from the person by whom they are so payable; and the person on whom such demand is made shall forthwith, or so soon as may be reasonably practicable, pay such moneys to the Custodian accordingly.

(4) Every person having in his possession or control any enemy property, being share-certificates, debentures, bonds, instruments of mortgage, or other securities for money, or documents of title to land or any estate or interest therein, or to any other property, shall, on demand made by the Custodian of Enemy Property, forthwith deliver the same to the Custodian.

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



Next Page →

PDF embedding disabled (Crown copyright)

View this page online at:


VUW Te Waharoa PDF NZ Gazette 1939, No 107


NZLII PDF NZ Gazette 1939, No 107





✨ LLM interpretation of page content

🏛️ Enemy Property Emergency Regulations 1939 (continued from previous page)

🏛️ Governance & Central Administration
7 September 1939
Regulations, Emergency, Enemy Property, Vesting, Public Trustee, Custodian