✨ Emergency Regulations
1522
THE NEW ZEALAND GAZETTE.
[No. 63
REGULATION 3.—CONTROL OF PRODUCTION.
(1) If any person fails to carry on business in accordance with directions given by the Minister or the Controller under the last preceding regulation, the Minister or Controller may authorize any other person or persons to carry on the whole or any part of the business in accordance with directions given by the Minister or Controller. The provisions of clause (2) of the last preceding regulation shall, with the necessary modifications, apply with reference to those directions.
(2) Any person or persons authorized under the last preceding clause to carry on the whole or any part of a business shall, while so doing, be deemed to be acting as the agent or agents of the proprietor of the business, except that the proprietor shall not have any right to control the carrying-on of the business or the part of the business, as the case may be.
(3) While the whole or any part of a business is being carried on by any person authorized so to do under clause (1) of this regulation, the proprietor of the business shall not be bound or, as the case may be, shall not in respect of such matters as may be specified in any directions given by the Minister or Controller be bound by any obligation or limitation imposed on the proprietor by or by virtue of any Act or other instrument determining his or its functions or powers.
(4) Without prejudice to the generality of the foregoing provisions of this regulation, any person or persons authorized under clause (1) of this regulation to carry on the whole or any part of a business may dismiss any servants of the proprietor of the business and may, in respect of any premises used or appropriated for the purposes of the business, restrict the rights of any person or persons to have access thereto.
(5) Any person or persons authorized under clause (1) of this regulation to carry on the whole or any part of a business shall be entitled to receive remuneration, at a rate or rates to be fixed by the Minister, out of the funds of the business.
REGULATION 4.—REQUISITION OR USE OF PROPERTY.
(1) The Minister may, from time to time, if it appears to him to be necessary or expedient so to do for the effective exercise of any of the powers or functions conferred upon him or upon the Controller by the principal regulations, take possession of, or requisition, any land, buildings, parts of buildings, or goods, and may give such directions as appear to him to be expedient in connection with the taking of possession of that land or of those buildings, parts of buildings, or goods.
(2) Where the Minister is in possession of, or requisitions, any property under this regulation, he may use or deal with, or authorize the use of or dealing with, the property for such purpose and in such manner, notwithstanding any restriction imposed on the use thereof (whether by any Act or other instrument or otherwise), as he thinks necessary or expedient for the effective exercise of any of the powers or functions conferred upon him or upon the Controller by the principal regulations, and may hold, and use, and in the case of goods sell or otherwise dispose of, the property as if he were the owner thereof and as if the property were free from any mortgage, pledge, lien, or other similar obligation.
(3) Any person who is the owner of any property or who has any mortgage, pledge, lien, or other security thereover or who has any other title thereto shall, if he suffers loss by the exercise in respect of that property of any of the powers conferred by this regulation, be entitled to compensation in respect of that loss out of moneys appropriated by Parliament for the purpose.
(4) If any question arises as to the amount to be paid to any person under this regulation and that person and the Minister are unable to agree thereon, the question shall be referred to one
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VUW Te Waharoa —
NZ Gazette 1940, No 63
NZLII —
NZ Gazette 1940, No 63
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Primary Industries Emergency Regulations 1939, Amendment No. 2
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🌾 Primary Industries & Resources18 June 1940
Emergency Regulations, Primary Industries, Amendment, Production Directions, Land Use, Employment, Primary Products