Additional Regulations under the War Regulations Act, 1914.

New Zealand Police Gazette, Volume XLI, Issue 42, 25 October 1916, Page 742

Additional Regulations under the War Regulations Act , 1914.

LIVERPOOL, Governor ORDER IN COUNCIL.

At the Government House at Wellington, this thirteenth dav of October, 1916.

Present: His Excellency the Governor in Council

T ARTHUR WILLIAM DE BRITO SAYILE, Earl of Liverpool, the JL Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of that Dominion, do hereby, in pursuance of the War Regulations Act, 1914, and the Acts amending the same, make the following regulations under those Acts.

REGULATIONS. Certificates for Imported Goods. 1. In these regulations—“Uncertificated goods” means goods for which a certificate of interest or a certificate of origin and interest, as hereinafter defined, is required by these regulations and has not been produced and delivered in conformity therewith : “ Prohibited goods ” means (a) goods the importation of which is prohibited by an Order in Council under the Customs Act, 1913, and the Regulation of Trade and Commerce Amendment Act, 1915; ( b ) goods imported, purchased, procured, or otherwise dealt with by the importer or any other person under such circumstances that an offence has been thereby committed against the Trading with the Enemy Act, 1914, or the War Regulations, or would have been thereby committed against such Act or regulations if those cii'cumstances had been fully known : “ Collector of Customs ” and “ importer ” have the same meanings as in the Customs Act, 1913 : “Foreign country” means any country other than the United Kingdom or a British possession or protectorate, but does not include enemy territory in the military occupation of His Majesty. 2. (1.) A certificate of origin and interest is required in respect of all goods imported into New Zealand from the countries mentioned in the First Schedule hereto. (2.) A certificate of origin and interest is a certificate issued by a British consular officer in the country from which the goods have been imported to the effect that it has been proved to his satisfaction that the goods have not been produced or manufactured in enemy territory, and that no person who is an enemy or is treated as an enemy under any law or Proclamation for the time being in force in the United Kingdom relating to trading with the enemy or with persons of enemy nationality oi 1 association has any interest in the goods. 3. (1.) A certificate of interest is required in respect of all goods imported into New Zealand from the countries mentioned in the Second Schedule hereto. (2.) A certificate of interest is a certificate issued by a British consular officer in the country from which the goods have been imported to the effect that, it has been proved to his satisfaction that no person who

is an enemy or is treated as an enemy under any law or Proclamation for the time being in force in the United Kingdom relating to trading with the enemy or with persons of enemy nationality or association has any interest in the goods. 4. If a Collector of Customs has reason to believe or suspect that any goods imported into New Zealand are goods in respect of which a certificate of interest or a certificate of origin and interest is required by these regulations, he shall detain those goods, and they shall not be delivered from tne control of the Customs until the importer has produced and delivered to the Collector a certificate of interest, or of origin and interest, as the case may be, or has satisfied the Collector or the Comptroller of Customs that no such certificate is required by these regulations. 5. The foregoing regulations as to certificates shall not apply to any goods as to which the Collector is satisfied that they have left the country of exportation before the loth day of October, 1916. All such goods shall remain subject to ihe War Regulations of the 26th day of January, 1915, relating to certificates of origin in the same manner as if those regulations had not been revoked. Detention of Suspected Imports. 6. When any goods are imported into New Zealand and a Collector of Customs has reason to believe or suspect that those goods are prohibited goods, as hereinbefore defined, lie may detain the goods, and they shall not be delivered from the control of the Customs until the Collector is satisfied that they are not prohibited goods, unless the Comptroller of Customs, being satisfied either that they are not prohibited goods or that their delivery is advisable in the public interest, authorizes the delivery thereof from the control of the Customs. General Provisions as to Detention of Imports. 7. On any goods being detained under these regulations as being uncertificated or prohibited, notice of the detention thereof under these regulations may be given by or on behalf of the Collector to the importer or”to his agent; and after the receipt of such notice it shall not be lawful, so long as the detention continues, for the importer or any other person, without the written consent of the Comptroller of Customs, to pay or remit to any person any sum of money in respect of the purchase or consignment of those goods, or to accept, make, pay, negotiate, or otherwise deal with any Bill of Exchange or other negotiable instrument for the price of those goods or otherwise having relation thereto. 8. If any goods are detained by a Collector of Customs under these regulations as being uncertificated, and the Comptroller of Customs is satisfied by a statutory declaration or otherwise that, the failure to procure and deliver the requisite certificate was not wilful on the part of the importer, and also that there is no sufficient reason for detaining the goods under clause 6 of these regulations as being prohibited goods, the Comptroller of Customs may, if he thinks fit, in his discretion, causethe goods to be delivered from the control of the Customs on payment by the importer by way of penalty of a sum not exceeding 10 per cent, of the fair market value thereof, as defined by section 114 of the Customs Act, 1913, and all sums so paid shall be accounted for hnd dealt with as Customs revenue. 9. While any goods are detained under the authority of these regulations it shall not be lawful for any person to take possession of the same or to interfere in any other manner with the right of detention or control hereby conferred upon the Collector of Customs. 10. The foregoing regulations or the exercise of the powers thereby conferred shall in no way exclude or affect any provisions as to forfeiture or punishment contained in the Customs Act, 1913, the 1 lading with the Enemy Act, 1914, the War Regulations, or any other Act or regulations in that behalf. 11. The War Regulations of the 7th day of June, 1915, relating to the detention of suspected goods, together with clause 13 of the War Regulations of the 2nd day of May, 1916, relating to the same matter, are hereby revoked, but shall nevertheless continue to apply to all goods detained or moneys deposited in pursuance thereof before the coming into operation of the present regulations. 12. (1.) The War Regulations of the 26th day of January, 1915, relating to certificates of origin, are hereby amended by revoking clauses 11, 12, 13, 14, 15, and 18 thereof and the Second Schedule theieto War R e g U i a tions of the Bth day of March, 1915, and of tbe 10th day of April, 1916, relating to certificates of origin, are hereby revoked.

Army Contracts

13. (1.) In these regulations—- “ Army contract” means a contract made by any person with the Crown (whether before or after the coming into operation of these regulations) in respect of or for the purposes of the present war : “Army contractor” means any person who is a party to an army contract made with the Crown (whether before or after the coming into operation of these regulations). (2.) Every person who (whether before or after the coming into operation of these regulations) has made any contract with an army contractor in respect of or for the purposes of an army contract made by that army contractor, and who commits any wilful breach of the contract so made by him with the army contractor, whereby or in consequence of which any breach of the army contract, whether wilful or not, is committed by the army contractor, shall be guilty of an offence against the War Regulations Act, 1914, and shall be liable accordingly. (3.) Without in any manner limiting the generality of the foregoing provisions, every person who, being in the employment of an army contractor, wilfully commits any breach of his contract of service, whereby or in consequence of which any breach of an army contract, whether wilful or not, is committed by the army contractor, or commits or is a party to any wilful act or default with intent that any such breach of an army contract shall be committed by the army contractor, shall be guilty of an offence against the War Regulations Act, 1914, and shall be liable accordingly. (4.) Nothing in these regulations shall in any manner restrict or affect the operation of any other War Regulations relative to contracts made with the Crown. Miscellaneous. 14. Clause 1 of the War Regulations of the 24th day of July, 1916, relating to licenses for the importation of goods, is hereby amended by adding the following subclause thereto : (c.) Without in any manner limiting the generality of the foregoing provisions, goods shall for the purpose of this regulation be deemed to be imported from any country in which they have been wholly or partially manufactured or produced, or in which any person from or through whom they have been procured has his chief place of business. 15. (1.) Whenever by virtue of the War Regulations or any declaration made thereunder, whether before or after the date of the present regulations, it is unlawful to purchase goods from any person, it shall also be unlawful to purchase or otherwise procure from any other person, being or carrying on business out of New Zealand, any goods wholly or partly manufactured or produced by, or sold by, or procured from or through such first-mentioned person. (2.) Clause 13 of the War Regulations of the 24th day of July, 1916, is hereby revoked. 16. These regulations shall be read together with and deemed part of the War Regulations of the 10th day of November, 1914.

FIRST SCHEDULE. Countries in respect of which Certificates of Origin and Interest ARE REQUIRED. Norway. Holland. Sweden. Switzerland. Denmark. SECOND SCHEDULE. Countries in respect of which Certificates of Interest ARE REQUIRED. All foreign countries except— Those mentioned in the First Schedule. France, Italy, Russia, Japan, Rumania, Portugal, China, Siam, Hayti, the United States of America, and French possessions in the South Pacific. F. W. FURBT, Acting Clerk of the Executive Council.

Name. Offence. Station. Police Gazette Reference. Aitken, William A. Default of fine (2) .. Dunedin 1916, page 726. Allchin, Thomas Theft .. Whitianga 1916, 711. Appleton, David Default of fine and costs Wellington 1916, ,, 600. Austin, George Thomas Default of maintenance Auckland 1916, " 535. Barker, Sydney B. Failing to provide.. Auckland 1916, 691. Beach, Leonard William Default of fine and costs Napier 1916, 536. Bradshaw, Edwin Default of fine and costs Masterton 1916, 726. Brandon, Henry Ship-desertion Wellington 1916. ,, 692. Brunsdon, Harry Default of fine and costs New Plymouth 1916, ,, 620. Bullot, Ernest Henry Default of maintenance Hawera 1916, ” 585. Chalmers, Peter C. Default of fine and costs Napier 1916, 536. Choate, John Ernest .. Default of maintenance Dannevirke .. 1916, 662. Cleaver, Edward Default of maintenance Christchurch . 1916. 488. Clerx, Louis Default of maintenance Auckland 1916, 567. Clifford, John Default of fine and costs Dargaville 1916, 661. Corry, Alfred Default of fine and costs Napier 1916, 536. Duncan, Henry Barr .. D. Breach of Bankruptcy Act .. Wanganui 1916, ” 725. Elley, Henry E. Default of fine and costs Hastings 1916, ” 664. Fitzgerald, John F. Ship-desertion Wellington 1916. 600. Forsyth, Thomas Default of fine and costs (2) Wellington 1916, 600. Forsyth, William Default of maintenance Christchurch .. 1916, 536. France, Ernest George Failing to provide Gisborne 1916, ” 553. Goodwin, William G. Ship-desertion Auckland 1916, 585. Green, Ernest 1 Default of costs Timaru 1916, 99 509. Hambredge, Albert .. H. Ship-desertion Auckland 1916, 599. Harman, Horace Ship-desertion Wellington 1916, 600. Hartley, Herbert Default of fine and costs Whangarei 1916, 691. Hartnell, James Default of maintenance Whangarei 1916, 691. Hartnell, Walter Charles Default of maintenance Christchurch . . 1916, 508. Haua Ruka Miri Miro Default of fine and costs Tokomaru Bav 1916, 739. ( Ship-desertion Wellington 1916, 600. Holton, Arthur, alias Holton, O. S. J Illegally landing in New ZeaWellington 1916, 99 620. i land Hunter, John Default of fine and costs Wellington 1916, 99 662. Isaacs, Frederick I. Ship-desertion Lyttelton 1916, 586. Jackson, Fred J. Default of fine and costs Te Kuiti 1916, 585. Johnson, Jack Default of fine and costs Auckland 1916, ” 691. Ketteridge, D. K. Ship-desertion Wellington 1916, 536. Knight, Benjamin Ship-desertion Auckland 1916, » 599. L. Livick, Jonathan Armstrong Failing to maintain Christchurch .. 1916, » 508. Maloney, Timothy F... M. Forgery .. Blenheim 1916, 508. Martila, Adem Ship-desertion Wellington 1916, 600. Martin, Jean Default of maintenance Rotorua 1916, 600. Mathieson, Neil Downey Default of maintenance Greymouth .. 1916, 679. Mazure, Alphonse Henri Default of maintenance Wellington .. | 1916, 508. Miller, George Default of fine and costs Nelson 1916, 642. Milliard, Martha Habitual inebriate Auckland 1916, 599. Miscall, Frank Theft Feilding 1916, 508. Morgan, W. A. Theft Auckland 1916, 661. Motz, S. Ship-desertion Wellington 1916, 523. Muir, James.. Default of maintenance Ashburton 1916, 568. Murray, James Scobie Default of fine and costs Te Aroha 1916, 641. McDougall, Alexander Default of maintenance Invercargill .. 1916, 712. McGee, David Adamson Default of fine and costs Auckland 1916, 711. McGuire, William Default of fine and costs Hamilton .. ( 1916, 568. McKeon, Joseph Default of fine and costs Hamilton 1916, „ 568.

RETURN OF WARRANTS ISSUED DURING THE QUARTER ENDED 30th SEPTEMBER, 1916, AND REMAINING UNEXECUTED.

Name. Offence. Station. Police Gazette Kelerence. McMillan, Alfred James Default of maintenance Dunedin McPherson, John Steven Theft .. Invercargill 1916, 524. McQuoid, James Default of fine and costs Auckland 1916, 99 599. N. Nash, Frederick .. Ship-desertion Wellington 1916. 536. Nidd, Joseph | Theft Wellington 1916, » 662. 0. O’Donoghue, Bernard James .. Default of maintenance ' Westport 1916, » 679. P. Phelps, Ned Default of maintenance Wellington 1916, 679. Powell, Justinian John Kivern Default of maintenance Wellington 1916, 99 620. R. Railton, William Default of costs Dunedin 1916, 586 Ross, Sidney Charles .. Default of fine and costs Hamilton 1916, 641. Ryan, William Henry Failing to provide Wellington 1916, 99 508. S. Sandford, Samuel Default of maintenance Christchurch . . 1916. 642 Sheed, William Robert Shurety, Arthur Failing to maintain Ship-desertion Christchurch .. Wellington 1916, 1916, ” 568. 600. Skinner, H. .. Theft .. Auckland 1916. 619. Smith, J. Theft .. Auckland 1916, 567. Smith, James Default of fine and costs Hamilton 1916, 619. Stack, Thomas Default of maintenance Christchurch .. 1916. 508. Stallard, Harold Default of security Christchurch . . 1916, 600. Stevens, H. .. Sullivan, Edward Theft Ship-desertion Auckland Wellington 1916, 1916, ” 507. 523. T. Tau Kami .. Default of fine and costs Huntly 1916, 711. Taylor, John Theft Palmerston N. 1916, 641 Telfer, Robert Goodsman Default of maintenance Christchurch . . 1916, 662. Thompson, W. . . Forgery and uttering Taihape 1916. 600. lobm, T. Theft Auckland 1916, ” 567. IJ. Upritchard, Hugh Andrew .. Default of maintenance Christchurch .. 1916, 99 679. V. Vanson, Peter J. Ship-desertion .. .. Auckland 1916, „ 725. W. Walker, George .. , False pretences Dunedin 1916, 554. Wass, George Wilhelm Ship-desertion .. .. Wellington 1916, 600. W atson, Claude Default of maintenance Wellington 1916, 586. Way, John James Ship-desertion Wellington 1916. 523. Wheal, Alfred William Default of maintenance Christchurch .. 1916, 554 Widdas, Arthur Henrv Default of maintenance Maungaturoto 1916. 535. Wilson, Jack ’ * ! Failing to provide.. .. Auckland 1916, 487. Wilson, Mrs. Wi Repa Hetaraka :: Theft from a dwelling Default of fine and costs Auckland Auckland 1916, 1916. ” 553. 691.

RETURN OF WARRANTS ISSUED DURING THE QUARTER ENDED 30th SEPTEMBER, 1916, AND REMAINING UNEXECUTED— continued.