New Zealand Gazette – 1939 – No. 107

Page 2470

✨ Enemy Property and Prisoners of War Regulations



2470

THE NEW ZEALAND GAZETTE.

[No. 107

(6) No person shall in any manner obstruct or deceive the Controller,
or any agent, servant, or representative of the Controller, in the
exercise or performance of any of his powers, duties, or authorities as
such.

(7) Every person who is for the time being engaged or has at any
time before or after the coming into force of these regulations been
engaged as a director, manager, agent, servant, partner, or otherwise
in the management or conduct of any business under the control of
the Controller, shall at all times on being so required by the Controller
afford to the Controller all such information relating to such business
as it may be in his power to afford.

(8) While the Controller remains in office in respect of the business
of any person, firm, or company it shall not be lawful for any person
other than the Controller, without the consent of the Controller or the
Minister of Industries and Commerce, to present any bankruptcy
petition in respect of that person or firm or any petition for the
winding-up of that company, or to pass any resolution for the winding-up
of that company, or to take any steps for the enforcement of the rights
of any creditors of that person, firm, or company.

(9) By any warrant under this regulation the Minister may restrict
or limit the exercise by the Controller of any of the powers set out in
clause (2) of this regulation.

REGULATION 10.—PRISONERS OF WAR.

(1) The Public Trustee may be appointed as the Custodian of the
property of any prisoner of war by instrument in writing executed
either—

(a) By that prisoner of war; or
(b) By the Attorney-General in any case where he considers it
necessary that a custodian shall be appointed.

(2) The execution of any instrument appointing the Public Trustee
to be the Custodian of the property of a prisoner of war shall be
conclusive evidence that the person in respect of whose property the
appointment is made was at the time of execution thereof a prisoner
of war for the purposes of these regulations.

(3) Any such appointment, whether made by the prisoner of war
himself or by the Attorney-General, shall continue in full force and
effect until revoked by the Attorney-General by notice in writing to
the Public Trustee, even though the prisoner of war has ceased to be a
prisoner of war or to be resident in New Zealand; and all the provisions
of these regulations shall continue to apply to that appointment in the
same manner as if that person remained a prisoner of war held in con-
finement in New Zealand.

(4) The Public Trustee, when so appointed, shall have the following
powers in respect of the property of that prisoner of war:—

(a) To take and retain possession of all property whatever
belonging to that prisoner of war:
(b) To collect, receive, and retain all moneys payable to that
prisoner of war:
(c) To sue in his official name for all debts due and moneys payable
to that prisoner of war:



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✨ LLM interpretation of page content

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

🏛️ Governance & Central Administration
7 September 1939
Regulations, Emergency, Enemy Property, Transfers, Control, Businesses

🏛️ Prisoners of War Property Custodianship

🏛️ Governance & Central Administration
Prisoners of War, Property, Custodianship, Public Trustee, Attorney-General
  • Public Trustee
  • Attorney-General