Num. 52 969

NEW ZEALAND

THE
NEW ZEALAND GAZETTE
EXTRAORDINARY
Published by Authority

WELLINGTON, MONDAY, JULY 9, 1951

Termination of State of War with Austria

[L.S.] B. C. FREYBERG, Governor-General

A PROCLAMATION

I, LIEUTENANT-GENERAL Sir Bernard Cyril Freyberg, the Governor-General of New Zealand, pursuant to section 41 of the Finance Act, 1950, do hereby declare that the state of war with Austria is terminated as from the 9th day of July, 1951.

Given under the hand of His Excellency the Governor-General, and issued under the Seal of New Zealand this 6th day of July, 1951.

F. W. DOIDGE, Minister of External Affairs.

GOD SAVE THE KING !

It is notified that on 6th July, 1951, the High Commissioner for New Zealand in London, on the instructions of the Minister of External Affairs, addressed a communication in the following terms to the Austrian Minister in London :

The New Zealand Government, bearing in mind ;

That on 13th March, 1938, Austria was formally incorporated into the German Reich ;

That a state of war between New Zealand and the German Reich came into existence on 3rd September, 1939 ;

That active hostilities were ended by the declaration regarding the surrender of the German Reich issued on the 5th day of June, 1945 ;

That steps were then taken for the establishment of a free and independent Austria and that the New Zealand Government now recognize the existence of Austria as a State and the Austrian Government as the de jure Government thereof ;

That the formal state of war between New Zealand and Austria has continued to subsist so far as the municipal law of New Zealand is concerned and will so continue until a Proclamation is issued under the relevant New Zealand legislation ; and

That through circumstances beyond Austrian control it has as yet proved impossible to conclude a Treaty which would dispose of questions relating to Austria arising out of the state of war with the German Reich ;

have determined that, without prejudice to the provisions of the said declaration regarding the surrender of the German Reich or to the decision of questions the settlement of which must await the conclusion of a Treaty, the formal state of war between New Zealand and Austria shall be terminated and the relations between the New Zealand and the Austrian Governments forthwith brought into conformity with the amity which existed between them before the incorporation of Austria into the German Reich.

A Proclamation is therefore being issued under section 41 of the Finance Act, 1950, declaring that the state of war with Austria is terminated as from 12 a.m. midnight (New Zealand time) on 9th July, 1951.

The New Zealand Government reserve the right to retain any money or property subject to control by virtue of the Enemy Property Emergency Regulations 1939, and to obtain satisfaction of their claims and the claims of New Zealand nationals arising out of the state of war.

The New Zealand Government desire to recall that by virtue of the Enemy Trading (Austria) Notice 1947, supplemented by the Enemy Property (Austria) Notice 1947, certain categories of trade between New Zealand and Austria were authorized, and that further restrictions on trade between the two countries were removed by the revocation on 31st December, 1948, of the Enemy Trading Emergency Regulations 1939.

Department of External Affairs,
Wellington.