New Zealand Gazette – 1939 – No. 70

Page 2290

✨ Defence Emergency Regulations

2290
THE NEW ZEALAND GAZETTE.
[No. 70

It shall be lawful for the Governor-General at any time to accept the offer of any members of the Defence Forces to be called out for military service for purposes of defence at such places in New Zealand as may be specified in their agreement, whether or not a Proclamation is issued calling out the Defence Forces or any part thereof, and upon any such offer being accepted they shall be liable whenever required during the period to which the offer extends to be called out and employed on military service accordingly.
When the Defence Forces or any part thereof or any members thereof have been called out for military service in New Zealand in accordance with the provisions of these regulations, every member of those Forces or of that part thereof or every member so called out shall at all times, while he remains under the obligation of military service, be subject to military law as established by the Army Act, except so far as that Act is inconsistent with the Defence Act, 1909, or with any regulations made thereunder, or with these regulations.
(1) The Minister of Defence or any person authorized by him in that behalf may, notwithstanding anything to the contrary in any Act, do any act on or in connection with any land that he considers necessary or expedient for defence purposes, and in particular, without limiting the general power hereby conferred, may do all or any of the following things:—

(a) Enter on, pass over, and encamp on the land:
(b) Construct military works and other works on the land:
(c) Pull down or erect or alter any building, fence, barricade, obstruction, or erection on the land:
(d) Divert or stop any watercourse:
(e) Close any road or street on the land either wholly or partly, or prohibit, restrict, or prevent traffic or any class of traffic on any such road or street.

(2) As soon as it is in his opinion practicable the Minister shall, so far as possible, restore the land to its former condition.

(3) Except as hereinafter provided compensation shall be paid out of moneys to be appropriated by Parliament for the purpose to every person having any estate or interest in any land in respect of any loss or injury suffered by that person by reason of the use of the land for defence purposes. The provisions of subsection two to seven of section four of the Military Manœuvres Act, 1915, shall, with the necessary modifications, apply with respect to claims for compensation under this clause.

(4) No compensation shall be payable under the last preceding clause to any person in respect of the closing of any road or street or the prohibition, restriction, or prevention of traffic on a road or street if reasonable and sufficient alternative access is available or is provided.

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VUW Te Waharoa — NZ Gazette 1939, No 70

NZLII — NZ Gazette 1939, No 70

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✨ LLM interpretation of page content

🛡️ Defence Emergency Regulations 1939 (continued from previous page)

Domain🛡️ Defence & Military
Dated1 September 1939
KeywordsEmergency Regulations, Military Service, Defence Forces, Land Use, Compensation

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