✨ Emergency Regulations (Continued)
2370
THE NEW ZEALAND GAZETTE.
[No. 92
REGULATION 10.—VALUATION.
(1) Immediately upon the taking of a motor-vehicle or of any equipment the Chief Impressment Officer shall assess the value thereof as at the date of delivery upon the basis of the fair ruling market value thereof, having regard to the date of manufacture, the present condition and (in the case of a motor-vehicle) of the mileage run by it, but excluding any enhancement of value arising from the state of emergency or any consideration of special value to the owner due to the fact that a motor-vehicle or equipment is a component of a fleet or service or aggregation of equipment.
(2) In no case shall such assessment of value exceed the price paid by the owner less a reasonable sum for depreciation, or exceed the sum which would be paid by a willing buyer to a willing seller under normal conditions, to the intent that the Chief Impressment Officer is to assess value and not compensation for loss occasioned the owner or any encumbrancer by reason of the taking.
REGULATION 11.—PAYMENT.
(1) As soon as may be after a vehicle or equipment has been taken and valued, but if a notice relating thereto has been published in the Gazette not sooner than twelve days after the date of publication, the Chief Impressment Officer shall give to the owner thereof or, as the case may require, to every person who to his knowledge has any interest in or encumbrance over the property a notice in such one of the forms designated M.V.I.-5, M.V.I.-6, and M.V.I.-7 in the First Schedule hereto as the case may require.
(2) If all parties concerned agree to the amounts proposed in such notice to be paid and furnish the indemnity against other claims set out in the forms aforesaid, the Chief Impressment Officer shall forthwith pay to such parties the amounts aforesaid.
(3) If the parties concerned do not all agree to the amounts proposed in such notice the Chief Impressment Officer may reconsider his proposals, and in default of agreement the amounts to be paid shall be fixed by arbitration as hereinafter provided, and shall be paid forthwith after an agreement is come to or after the arbitral award is published.
(4) Immediately upon the giving of a notice that a motor-vehicle or equipment has been taken into the ownership of the Crown, the property therein shall be deemed to have become vested in the Crown as at the time of delivery pursuant to the warrant of impressment free from any rights, charges, encumbrances, or other interests whatsoever.
(5) Immediately upon the giving of a notice that a motor-vehicle or equipment has been taken on hire by the Crown a hiring thereof shall be deemed to have commenced as at the time of delivery pursuant to the warrant of impressment, and all possessory and other rights, charges, encumbrances, and other interests therein shall be deemed to be subject to such hiring.
REGULATION 12.—ARBITRATION.
(1) Any dispute or difference between an Impressment Officer or the Chief Impressment Officer and the owner as to the assessment of value of any motor-vehicle or equipment, or as to the disposal amongst
Next Page →
PDF embedding disabled (Crown copyright)
View this page online at:
VUW Te Waharoa —
NZ Gazette 1939, No 92
NZLII —
NZ Gazette 1939, No 92
✨ LLM interpretation of page content
🏛️
Motor Vehicles Impressment Emergency Regulations 1939 (Continued)
(continued from previous page)
🏛️ Governance & Central AdministrationEmergency Regulations, Motor Vehicles, Impressment, Valuation, Payment, Arbitration, Chief Impressment Officer, Owner, Encumbrancer