π’ Wellington City Mortgagors' Liabilities Adjustment Commission
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[0] => The Wellington City Mortgagors' Liabilities Adjustment Commission was responsible for investigating and reporting on applications for mortgage relief referred to it by the High Court of New Zealand, Wellington Registry (Wellington High Court).
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New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 10 October 2021).
-
Papers Past website (National Library of New Zealand Te Puna Matauranga o Aotearoa), https://paperspast.natlib.govt.nz/ (accessed 10 October 2021).
-
New Zealand Gazette, 1 September 1932, No.58, Government Printer, Wellington, 1932.
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Establishment
The Wellington City Mortgagors' Liabilities Adjustment Commission was established on 31 August 1932 under the provisions of the Mortgagors Relief Act 1931. It was formed for the purpose of assisting the High Court of New Zealand (known as the Supreme Court of New Zealand at the time) in the exercise of its jurisdiction under the Act, and generally for the purpose of encouraging voluntary settlements between mortgagees and mortgagors.
The members of the Commission were:
- William Fox Longley Ward (Chairman);
- William A. Appleton; and
- Charles Douglas Morpeth.1
Functions and Responsibilities
The Wellington City Mortgagors' Liabilities Adjustment Commission was responsible for investigating and reporting on applications for mortgage relief referred to it by the High Court of New Zealand (known as the Supreme Court of New Zealand at the time).
While investigating applications for mortgage relief, the Commission was required to have regard to the following matters:
- The effect of the continuance of the mortgage upon the security afforded to the mortgagee;
- The inability of the mortgagor to redeem the property either from their own moneys or by borrowing at a reasonable rate of interest;
- The conduct of the mortgagor in respect of any breaches by them of the covenants of the mortgage;
- Any hardship that would be inflicted on the mortgagee by the continuance of the mortgage or upon the mortgagor by the enforcement thereof;
- The extent to which any default by the mortgagor had been caused by any economic or financial conditions affecting trade or industry in New Zealand;
- Whether any relief granted by the Court pursuant to the Mortgagors Relief Act would be reasonably likely to enable the mortgagor, having regard to their circumstances and any economic or financial conditions, to meet their liabilities under the mortgage within such time as the Court deemed reasonable.
Structure
Under the Mortgagors Relief Act 1931 and the Mortgagors and Tenants Relief Act 1933, the Governor-General to appoint up to 3 members to the Wellington City Mortgagors' LiabilitiesAdjustment Commission, one of whom was made Chairperson.
The Adjustment Commission was deemed to be a Commission under the Commissions of Inquiry Act 1908, and all the provisions of that Act applied accordingly.
Disestablishment
The Wellington City Mortgagors' LiabilitiesAdjustment Commission was abolished pursuant to section 24(4) of the Mortgagors and Lessees Rehabilitation Act 1936, its work being transferred to the Wellington City No.1, No.2, and No.3 Adjustment Commissions on 18 May 1937.
Footnotes:
- Mortgagors' Liabilities Adjustment Commissions appointed, page 1950, New Zealand Gazette, 1 September 1932, No.58. See also Relief in Cities - Commissions Set Up - Mortgagors and Tenants, The Evening Post, Volume CXIV, Issue 53, 31 August 1932, page 6 - Papers Past website (National Library of New Zealand Te Puna Matauranga o Aotearoa), https://paperspast.natlib.govt.nz/newspapers/evening-post/1932/08/31/6 (accessed 10 October 2021).
Show History
Establishment
The Wellington City Mortgagors' Liabilities Adjustment Commission was established on 31 August 1932 under the provisions of the Mortgagors Relief Act 1931. It was formed for the purpose of assisting the High Court of New Zealand (known as the Supreme Court of New Zealand at the time) in the exercise of its jurisdiction under the Act, and generally for the purpose of encouraging voluntary settlements between mortgagees and mortgagors.
The members of the Commission were:
- William Fox Longley Ward (Chairman);
- William A. Appleton; and
- Charles Douglas Morpeth.1
Functions and Responsibilities
The Wellington City Mortgagors' Liabilities Adjustment Commission was responsible for investigating and reporting on applications for mortgage relief referred to it by the High Court of New Zealand (known as the Supreme Court of New Zealand at the time).
While investigating applications for mortgage relief, the Commission was required to have regard to the following matters:
- The effect of the continuance of the mortgage upon the security afforded to the mortgagee;
- The inability of the mortgagor to redeem the property either from their own moneys or by borrowing at a reasonable rate of interest;
- The conduct of the mortgagor in respect of any breaches by them of the covenants of the mortgage;
- Any hardship that would be inflicted on the mortgagee by the continuance of the mortgage or upon the mortgagor by the enforcement thereof;
- The extent to which any default by the mortgagor had been caused by any economic or financial conditions affecting trade or industry in New Zealand;
- Whether any relief granted by the Court pursuant to the Mortgagors Relief Act would be reasonably likely to enable the mortgagor, having regard to their circumstances and any economic or financial conditions, to meet their liabilities under the mortgage within such time as the Court deemed reasonable.
Structure
Under the Mortgagors Relief Act 1931 and the Mortgagors and Tenants Relief Act 1933, the Governor-General to appoint up to 3 members to the Wellington City Mortgagors' LiabilitiesAdjustment Commission, one of whom was made Chairperson.
The Adjustment Commission was deemed to be a Commission under the Commissions of Inquiry Act 1908, and all the provisions of that Act applied accordingly.
Disestablishment
The Wellington City Mortgagors' LiabilitiesAdjustment Commission was abolished pursuant to section 24(4) of the Mortgagors and Lessees Rehabilitation Act 1936, its work being transferred to the Wellington City No.1, No.2, and No.3 Adjustment Commissions on 18 May 1937.
Footnotes:
- Mortgagors' Liabilities Adjustment Commissions appointed, page 1950, New Zealand Gazette, 1 September 1932, No.58. See also Relief in Cities - Commissions Set Up - Mortgagors and Tenants, The Evening Post, Volume CXIV, Issue 53, 31 August 1932, page 6 - Papers Past website (National Library of New Zealand Te Puna Matauranga o Aotearoa), https://paperspast.natlib.govt.nz/newspapers/evening-post/1932/08/31/6 (accessed 10 October 2021).
- New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 10 October 2021).
- Papers Past website (National Library of New Zealand Te Puna Matauranga o Aotearoa), https://paperspast.natlib.govt.nz/ (accessed 10 October 2021).
- New Zealand Gazette, 1 September 1932, No.58, Government Printer, Wellington, 1932.
- Mortgagors and Tenants Further Relief Act 1932
- Commissions of Inquiry Act 1908
- Mortgagors and Tenants Relief Act 1933
- Mortgagors and Tenants Relief Amendment Act 1932
- Mortgagors and Tenants Relief Act 1932
- Mortgagors Relief Act 1931
- π’ Wellington High Court (1932 ‑ )
- π’ Wellington City (No.1) Adjustment Commission (1937 ‑ )
- π Justice (1870 ‑ )
- π Dominion of New Zealand (1932 ‑ 1937)