On the information of the Attorney-General the Supreme Court shall have jurisdiction, without office found or seizure into the King’s hands, by order to declare forfeited to His Majesty any forfeitable estate or interest in land which, since the commencement of the present war with Germany, and whether before or after the passing of this Act, has been acquired by an alien enemy, and to vest that estate or interest in the Public Trustee in trust for His Majesty; and every such order shall have effect according to its tenor, and may, when it relates to a legal estate or interest in land under the Land Transfer Act, 1915, be registered under that Act.

When a forfeitable estate or interest in land has been acquired by an alien enemy, whether before or after the passing of this Act, an order of forfeiture and vesting under this Part of this Act may be made in respect thereof at any time thereafter, whether during the present war or thereafter, and notwithstanding that such estate or interest or any encumbrance or other derivative estate or interest may have, whether before or after the passing of this Act, become vested during the present war in some other person deriving title through the alien enemy, other than a purchaser for value in good faith without notice of the fact that the person from whom title was so derived was an alien enemy; and in such case the estate or interest so forfeited and vested in the Public Trustee shall be free and discharged from any such encumbrance or other derivative estate or interest.

When on the complete or partial intestacy of any person dying after the commencement of this Act any estate or interest in land would have been vested in an alien enemy had he not been incapacitated from taking the same by reason of his enemy nationality, such estate or interest shall vest in the Public Trustee in trust for His Majesty, and the Supreme Court may, on an information by the Attorney-General or in any other appropriate proceeding, make an order declaring the same to be so vested accordingly.

When any estate or interest in land has become vested in the Public Trustee under or in pursuance of this Part of this Act, or has in any judicial proceedings, whether before or after the passing of this Act, been declared by the Supreme Court to be held in trust for His Majesty as having been acquired by an alien enemy, such estate or interest and the proceeds of any sale or other disposition thereof shall be held on such trusts or disposed of in such manner, whether in the interests of private persons or otherwise, as the Governor-General in Council may direct.

The proceedings on information by the Attorney-General under this Part of this Act shall be ex parte, save so far as the Supreme Court directs notice thereof to be given to any other person. All persons so receiving notice thereof shall be parties to the proceedings.

In all proceedings under this Part of this Act, and in all proceedings in which any question arises as to the title to any estate or interest in land as dependent on the nationality of any person, the Supreme Court may, in proof of such nationality, accept such evidence as it thinks fit, whether such evidence is admissible in accordance with the law of evidence or not.

Nothing in this Part of this Act shall be so construed as to restrict or take away any jurisdiction independently possessed by the Supreme Court.

Every contract made after the commencement of this Act and during the present war for the acquisition by an alien enemy or by any person in trust for an alien enemy of any freehold estate or interest in land, or of any leasehold estate, or interest in land for a term which will not expire within two years from the date of the contract, shall be absolutely void, and every party to any such contract and every other person knowingly concerned in the making thereof shall be liable on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months.

For the purposes of this section a contract conferring a right or option to acquire an estate or interest in land shall be deemed to be a contract for the acquisition of that estate or interest.

In this Part of this Act—

Notwithstanding anything to the contrary in any Act relating to the constitution of any local authority, or to the conduct of elections and polls by or in connection with any such local authority, the following provisions shall apply with respect to aliens in relation to the constitution of local authorities and the conduct of local elections and polls.

No person who is an alien enemy within the meaning of this Part of this Act shall be qualified to vote at any election of a member of a local authority, or at any election or poll conducted by such local authority, or shall be capable of being elected or appointed as a member of any such local authority.

An alien, not being an alien enemy as hereinbefore defined, shall not be capable of being elected or appointed as a member of any local authority, but shall not be disqualified by reason merely of his alien nationality from voting at any election of a member or members of such local authority, or at any election or poll conducted by such local authority, unless aliens are specifically disqualified by statute from voting at such election or poll.

Every person who by this Part of this Act is disqualified from being elected or appointed as a member of a local authority, and who, after the passing of this Act, consents to be nominated for election or appointment, or to be appointed, as a member of any such local authority, commits an offence, and shall be liable on summary conviction to a fine of one hundred pounds, or to imprisonment for three months, or to both such fine and imprisonment.

Every person who by this Part of this Act is disqualified from voting at any election or poll and who attempts to vote or votes at any such election or poll, or applies for enrolment on the roll of electors for any such election or poll, commits an offence, and shall be liable on summary conviction to a fine of one hundred pounds, or to imprisonment for three months, or to both such fine and imprisonment.

Forthwith after the passing of this Act the Returning Officer of any local authority may, on a resolution to that effect being passed by the local authority, remove from any roll of electors under the control of that local authority the name of every person who is reasonably believed to be disqualified by virtue of this Part of this Act from voting at any election or poll conducted by that local authority.

In this Part of this Act—

The special provisions made by this Part of this Act with respect to contracts to which soldiers are parties shall apply in the case of any such contract whether it was entered into by the soldier before or after he became a soldier.

Any soldier who is a party to a contract may apply in a summary manner to a Stipendiary Magistrate for an order for the cancellation, suspension, modification, or extension of that contract, pursuant to the following provisions of this Part of this Act.

Every application under this section shall be accompanied by a copy of the terms of the contract or by a statement of those terms, and shall set out the grounds on which the application is made.

On any such application being made the Stipendiary Magistrate shall hear the same, and for that purpose shall have the same powers in all respects as if the application were a statement of claim in an action before the Magistrate’s Court in its civil jurisdiction under the Magistrates’ Courts Act, 1908, and as if the applicant were the plaintiff in such an action and the other party or parties to the contract were the defendant or defendants in such action.

On hearing any such application as aforesaid the Magistrate, if he is of opinion, having regard to the obligation of the applicant to military service and to the conditions created by the present war, that it is inequitable that the applicant should be bound by the terms of his contract or that the contract should expire at the time therein provided, may, subject to such conditions as he thinks fit, make an order for the cancellation, suspension, modification, or extension of the contract, as the case may be, and for affording such other relief to the applicant as he deems just and equitable in the circumstances.

Every order made pursuant to this section shall have effect according to its tenor as if it were a judgment of the Magistrate’s Court in an action in its civil jurisdiction, and any contract to which such order relates shall thereafter be read and construed subject to the provisions of that order, and the rights and liabilities of the parties to the contract shall be determined accordingly.

An appeal shall lie to the Supreme Court from an order made by a Stipendiary Magistrate on any application under this section in the same circumstances and subject to the same conditions as if it were a judgment of the Magistrate’s Court as aforesaid. On any such appeal the Supreme Court may uphold the order of the Magistrate, in whole or in part, or may quash the same, and may in lieu of such order make such other order with respect to the contract as it deems just and equitable in the circumstances.

Where the fulfilment by any person of any contract made in New Zealand, whether before or after the passing of this Act, is interfered with by the necessity on the part of any other person of complying with any requirement, regulation, or restriction of the Admiralty or the Army Council under the Imperial Act intituled the Defence of the Realm Consolidation Act, 1914, or any Act amending the same, or any regulations made thereunder, that necessity shall be a good defence to any action or proceedings taken against such first-mentioned person in respect of the non-fulfilment of the contract made in New Zealand as aforesaid so far as it is due to that interference.

Where, on application by any party to a contract for the construction of any building or work, or for the supply of any materials for any building or work, or by any party to a contract entitling any person to cut timber on any land or to remove timber from any land, entered into before the fourth day of August, nineteen hundred and fourteen, the Supreme Court, or a Judge thereof, is satisfied that, owing to the prevention or restriction of, or the delay in, the supply or delivery of materials, or the diversion or insufficiency of labour, occasioned by the present war, the enforcement of the contract according to its terms, or its expiry by effluxion of time, would be the cause of serious hardship, the Court or Judge may, after considering all the circumstances of the case, and the position of all the parties to the contract, and any offer which may have been made by any party for a variation of the contract or extension of the term thereof, suspend or annul the contract or extend the term thereof, or stay any proceedings for the enforcement of the contract or any rights arising thereunder, on such conditions, if any, as the Court or Judge may think fit.

The Governor-General may from time to time, by Order in Council gazetted, make regulations prescribing all such matters or things as may be deemed necessary or expedient for the purpose of giving full effect to the provisions of this Part of this Act.

On application in writing by the tenant of any dwellinghouse to which Part I of the War Legislation Amendment Act, 1916, applies, any Inspector of Factories may make application on behalf of that tenant for the determination by a Stipendiary Magistrate of the capital value of that dwellinghouse pursuant to section seven of the said Act.

Section six of the War Legislation Amendment Act, 1916, is hereby amended as follows:—

In every case where application is made for the determination of the capital value of any dwellinghouse for the purposes of section seven of the War Legislation Amendment Act, 1916, the Valuer-General shall, on the request of the Magistrate hearing the application, or of any party to the application, cause a valuation of that dwellinghouse, as such, to be made as on the third day of August, nineteen hundred and fourteen, or immediately prior to that date, and shall also furnish a present valuation of such dwellinghouse, and in such cases the Magistrate may take both such valuations into account for the purpose of determining the capital value aforesaid.

Section eight of the War Legislation Amendment Act, 1916, is hereby amended by omitting from the proviso the words “or use of furniture.”

If any dispute arises as to the standard rent of any dwellinghouse let with the use of furniture, such dispute shall, on the application either of the landlord or tenant, or of an Inspector of Factories on behalf of a tenant, be determined by a Stipendiary Magistrate.

In any such case the Stipendiary Magistrate shall exclude from the computation of the standard rent all moneys deemed by him to be properly payable in respect of the use of any furniture let with that dwellinghouse.

The Magistrate shall also have power to determine what proportion of the rent payable in respect of the dwellinghouse at the date of the hearing of the application is properly chargeable in respect of the use of furniture.

Any local authority may, by special order, and without taking the steps described in sections eight to twelve of the Local Bodies’ Loans Act, 1913, borrow any moneys required for any public work undertaken by that local authority with a view to providing employment for discharged soldiers:

Provided that no moneys shall be borrowed by a local authority under this section except with the special consent of the Governor-General in Council given under this section, and subject to such conditions as the Governor-General in Council may impose. The Governor-General shall not give his consent to the borrowing of any moneys under this section unless he is satisfied that there is a bona fide intention to employ discharged soldiers in carrying out the works for which such moneys are proposed to be borrowed.

Any moneys authorized to be borrowed by a local authority under this section may be borrowed by that local authority from the Superintendent of the State Advances Office, notwithstanding that the works for which such moneys are so borrowed may not be public works of any of the classes enumerated in section sixty of the Local Bodies’ Loans Act, 1913.

The Superintendent of the State Advances Office is hereby authorized to make advances to local authorities, for the purposes of any works to be undertaken pursuant to this section, out of moneys for the time being available for the purposes of the Local Authorities Branch of the said Office.

Notwithstanding anything to the contrary in section fifteen of the Local Bodies’ Loans Act, 1913, the authority to borrow any money conferred on a local authority by the ratepayers at a poll taken within twelve months before or at any time during the present war, whether before or after the passing of this Act, shall not be deemed to have lapsed before the passing of this Act, and shall not lapse until the expiration of two years after the termination of the present war, notwithstanding that no part of such money may have been borrowed during that period.

While this section remains in force, paragraph (24a) of section two hundred and fifty-four of the Mining Act, 1908, as set out in section seven of the Mining Amendment Act, 1914, shall be deemed to be suspended, and the following provisions shall have effect in lieu thereof, that is to say:—

This section shall remain in force during the present war with Germany, and for six months thereafter, and no longer.

For the purposes of the Mortgages Extension Act, 1914, and its amendments, the term “mortgage” shall include, and shall at all times since the passing of the Mortgages Extension Act, 1914, be deemed to have included, an instrument of security granted over or in respect of any policy for securing a life insurance, endowment, or annuity.

Whereas by certain regulations made under the War Regulations Act, 1914, provision is made for the issue of permits to leave New Zealand to persons desirous of leaving New Zealand for any place beyond the seas: And whereas, as a condition precedent to the issue of such permits, security by way of bond for the due return to New Zealand of the persons to whom such permits have been issued has in certain cases been required to be given: And whereas no legal authority has existed for the requirement of such security, and it is desirable to confer such authority and to validate all bonds heretofore given as aforesaid: Be it therefore enacted as follows:—

All bonds executed before the passing of this Act and given, or purporting to be given, as security for the return to New Zealand of any person to whom a permit to leave New Zealand has been issued as aforesaid are hereby declared to be, and at all times heretofore to have been, of full effect and virtue according to the tenor thereof as if the same had been executed and given pursuant to statutory authority or requirement in that behalf.

Before the issue of any permit to leave New Zealand under the regulations hereinbefore referred to the Minister of Internal Affairs may require such security as he thinks fit by way of bond or otherwise to be given for the due return to New Zealand of the person to whom such permit is proposed to be issued.

The power conferred on the Governor-General by section twenty-six of the Regulation of Trade and Commerce Act, 1914, by Warrant under his hand, to authorize and direct any person to seize and take possession on behalf and for the use of His Majesty of any goods or class of goods to be specified or described in such Warrant, shall extend so as to authorize the Governor-General, by Warrant as aforesaid, to authorize any person to take possession on behalf and for the use of His Majesty of any land or buildings or other property that may be required for any public purpose by His Majesty or the Government of New Zealand.

The provisions of section twenty-nine of the Regulation of Trade and Commerce Act, 1914, shall not, unless the Governor-General by Order in Council otherwise specially directs, apply to any land that may be taken possession of on behalf of His Majesty under this section, but all other provisions of that Act relating to compulsory requisitions in time of war shall, so far as applicable, apply in the case of requisitions under this section.

Subject to the provisions of the next succeeding subsection, any Warrant issued under section twenty-six of the Police Force Act, 1913, may from time to time during the continuance of the present war, or within three months thereafter, be extended for such period, not exceeding six months at any one time, as the Governor-General thinks fit.

The power conferred on the Governor-General by the said section twenty-six and this section shall, during the period aforesaid, be exercised in the case of members of the Police Force below the rank of Sub-Inspector by the Minister of the Crown for the time being having the Ministerial control of the Police Force.

Notwithstanding anything to the contrary in any Act, no person who is a contributor to—

Notwithstanding anything to the contrary in any Act, no person who on the passing of this Act is, or hereafter becomes, employed in any Department of the Government service shall, during the continuance of the present war, be transferred from that Department to any other Department of the Government service without the consent of the Minister of the Crown for the time being having the Ministerial control of the Department in which such person is so employed.

Where any person who but for the provisions of this section would be entitled at any time during the continuance of the war to retire from service on superannuation is retained in the service pursuant to this and the last preceding section, he shall not be obliged to contribute to the Superannuation Fund to which he is a contributor in respect of the salary received by him for the period during which he is so retained, and in any such case the said period shall not be taken into account in computing the amount of retiring-allowance to which he may afterwards be entitled on retirement.

The rights of any person to a retiring-allowance, on retirement from service, shall not be prejudicially affected by reason of his retention in service pursuant to this and the last preceding section, or by reason of any matter or circumstance arising during such period of retention.

For the purpose of affording educational facilities to children of deceased or disabled members of the New Zealand Expeditionary Forces (including the New Zealand Naval Forces), there may from time to time be granted, as war bursaries under this section, such allowances for educational purposes as may be determined in accordance with regulations to be made by the Governor-General in Council in that behalf.

In addition to any allowance granted under the last preceding subsection, there may be paid to the holder of any war bursary under this section who is obliged to live away from home in order to prosecute his studies such additional amount by way of lodging-allowance, not exceeding in any case an allowance at the rate of thirty pounds a year, as may be prescribed by regulations under this section.

If the holder of a war bursary, not being obliged to live away from home, is obliged to travel more than four miles daily each way in order to prosecute his studies, the amount of travelling-expenses actually and reasonably expended by him for that purpose may be refunded.

All moneys payable under this section shall be paid out of moneys to be from time to time appropriated by Parliament for the purpose.

The Governor-General may from time to time, by Order in Council gazetted, make regulations—

Section two of the War Funds Act, 1915, is hereby amended by inserting, after paragraph (c) in the definition of “war fund,” the following paragraph:—

The provisions of section six of the War Funds Act, 1915 (relating to the temporary investment of moneys belonging to a war fund administered by the National War Funds Council), shall, with the necessary modifications, apply so as to authorize the temporary investment of moneys belonging to any other war fund by the trustees administering that fund:

Provided that in the case of a fund administered by any society or trustees not incorporated under the last-mentioned Act no moneys shall be invested pursuant, to this section, except by way of deposit in the Post Office Savings-bank or in a bank carrying on business in New Zealand, without the precedent approval of the Minister of Internal Affairs.

It shall not be lawful for any person, after the passing of this Act, to raise or attempt to raise money for any war fund by promoting any bazaar, sale, entertainment, or exhibition, or by any similar means, or to solicit or receive contributions for a war fund, unless he is the holder of a permit granted under this section.

Application for a permit under this section may be made to, and such permits may be issued by, any of the following persons, namely:—

Provided that a permit shall not be issued under this section to solicit or receive contributions or to raise moneys for any war fund unless the society or trustees having control of that fund have been incorporated under the last-mentioned Act, or unless the fund has been approved by the Minister of Internal Affairs.

Notice of the approval by the Minister of any fund for the purposes of this section shall be forthwith published by him in the Gazette.

Any person who, not being the holder of a permit under this section, directly or indirectly solicits contributions, or receives any contribution, whether in money or in kind, for or for the benefit of a war fund, or raises or attempts to raise money, in any manner hereinbefore referred to, for any war fund, commits an offence, and is liable on summary conviction to a fine not exceeding twenty pounds.

Nothing in this section shall apply so as to prevent any person, not being the holder of a permit under this section, from soliciting contributions for a war fund by way of a general appeal at a public meeting or other assembly of persons, or from receiving any such contributions.

Any permit issued under this section may at any time be revoked or suspended either by the Minister of Internal Affairs or by the person who issued such permit.

This section is in substitution of section twenty-two of the War Funds Act, 1915, and that section and also sections thirty-nine and forty of the War Legislation Amendment Act, 1916, are hereby repealed.

All regulations heretofore made under the War Regulations Act, 1914, and its amendments, shall for all purposes whatever be deemed, as from the making thereof, to have been made with full power and authority, and to be and to have been valid and of full effect; and the powers, rights, duties, and liabilities of all persons in respect of all things done or suffered, whether before or after the passing of this Act, shall be determined accordingly.

In addition to, and without in any manner restricting, the powers conferred by the last-mentioned Act and its amendments, the Governor-General in Council may, by regulations under that Act, make such provisions as, having regard to the exigencies of the present war or the conditions created thereby, he thinks advisable for all or any of the following purposes, namely:—

Regulations made under this section for the purposes mentioned in paragraph (d) hereof may confer powers on the Council of any city or borough, or generally on all such Councils, to make by-laws regulating and controlling the delivery of goods within the city or borough. Every person who commits a breach of any such by-law may be proceeded against as for the breach of a by-law made under the Municipal Corporations Act, 1908.