Reprint
as at 1 July 1998

Coat of Arms of New Zealand

Finance Act 1933

Public Act1933 No 33
Date of assent22 December 1933
Commencement22 December 1933

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Treasury.


An Act to make provision with respect to public finance and other matters

1 Short Title
  • This Act may be cited as the Finance Act 1933.

National Expenditure Adjustment Act

2 Orders made under section 38 of National Expenditure Adjustment Act to be final
  • There shall be no appeal from any order made, whether before or after the passing of this Act, by the Supreme Court or a Stipendiary Magistrate acting under section 38 of the National Expenditure Adjustment Act 1932:

    provided that nothing in this section shall affect the validity of any order that has been heretofore made on appeal from an order made under the said section, and any such appeal that may be pending on the passing of this Act may be heard and determined as if this section had not been passed.

3 Provision for apportionment of rent of furnished premises for purposes of National Expenditure Adjustment Act
  • Where part of the rent reserved by any contract to which Part 3 of the National Expenditure Adjustment Act 1932 is applicable is payable in respect of furniture or other chattels, an apportionment of the rent as between such chattels and the other property to which the contract relates shall, in default of agreement between the parties, be made by a Stipendiary Magistrate on application in that behalf by any of the parties to the contract.

4 As to application of National Expenditure Adjustment Act to table mortgages
  • (1) In this section the term table mortgage means a mortgage in which provision is made for the payment of interest and the repayment of principal by periodical instalments, consisting partly of principal and partly of interest.

    (2) Where pursuant to Part 3 of the National Expenditure Adjustment Act 1932 the rate of interest payable under a table mortgage has been reduced, then, notwithstanding anything to the contrary in the mortgage, the amount of each instalment of principal and interest payable after the date of the reduction shall be reduced by an amount equal to the amount by which the interest included in such instalment has been reduced.

    (3) This section shall be deemed to have come into force on the passing of the National Expenditure Adjustment Act 1932.

    (4) Where before the passing of this Act any mortgagor has been required by the mortgagee to repay on account of the principal moneys secured by a table mortgage any sum in excess of the amount duly repayable in accordance with the terms of the mortgage, as affected by the foregoing provisions of this section, he shall be entitled to deduct the sum so paid in excess from any instalment of principal and interest payable by him after the passing of this Act.

5 As to powers of Supreme Court to modify instruments providing for payment of annuities
  • (1) The powers conferred on the Supreme Court by section 42 of the National Expenditure Adjustment Act 1932, may, subject to the provisions of that section, be exercised for any reason that the court deems sufficient.

    (2) Without limiting the generality of the authority conferred by the last preceding subsection, it is hereby declared that the said powers may be exercised in cases where the amount available for the payment of such annuity or other periodical payment as aforesaid has been reduced by reason of the operation of the New Zealand Debt Conversion Act 1932–33 or of the Local Authorities Interest Reduction and Loans Conversion Act 1932–33.

    (3) Amendment(s) incorporated in the Act(s).

    (4) The court may at any time review any order made by it under the said section, and may discharge it or vary the terms thereof.

    Section 5(1): amended, on 1 October 1936, by section 84(4) of the Mortgagors and Lessees Rehabilitation Act 1936 (1936 No 33).

    Section 5(4): replaced, on 1 October 1936, by section 84(2) of the Mortgagors and Lessees Rehabilitation Act 1936 (1936 No 33).

National Provident Fund

[Repealed]

  • Heading: repealed, on 23 November 1950, pursuant to section 80(1) of the National Provident Fund Act 1950 (1950 No 55).

6 Provisions in aid of National Provident Fund
  • [Repealed]

    Section 6: repealed, on 23 November 1950, by section 80(1) of the National Provident Fund Act 1950 (1950 No 55).

Stamp Duties Act

[Repealed]

  • Heading: repealed, on 22 September 1939, pursuant to section 10(5) of the Adhesive Stamps Act 1939 (1939 No 10).

7 Use of die for purposes of Stamp Duties Act may be discontinued
  • [Repealed]

    Section 7: repealed, on 22 September 1939, by section 10(5) of the Adhesive Stamps Act 1939 (1939 No 10).

8 Amount payable in respect of exchange may be excluded in computation of overseas-passenger duty
  • [Repealed]

    Section 8: repealed, on 31 July 1936, by section 30(11) of the Finance Act 1936 (1936 No 16).

State Advances Act

[Repealed]

  • Heading: repealed, on 31 March 1938, pursuant to section 10(1) of the Finance Act 1937 (1937 No 17).

9 As to rate of interest chargeable by State Advances Office on chattel securities
  • [Repealed]

    Section 9: repealed, on 31 March 1938, by section 10(1) of the Finance Act 1937 (1937 No 17).

Wheat Research Institute

[Repealed]

  • Heading: repealed, on 14 September 1938, pursuant to section 41(2) of the Finance Act 1938 (1938 No 13).

10 Extension of scheme for scientific investigation of matters pertaining to wheat, flour, and bread
  • [Repealed]

    Section 10: repealed, on 14 September 1938, by section 41(2) of the Finance Act 1938 (1938 No 13).

Miscellaneous

[Repealed]

  • Heading: repealed, on 1 July 1998, pursuant to section 17(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).

11 Authorising expenditure of public moneys for protection of securities in which any such moneys are invested
  • [Repealed]

    Section 11: repealed, on 1 January 1954, by section 120(1) of the Public Revenues Act 1953 (1953 No 73).

12 Local authorities may be required to make payment in sterling in respect of loans raised in the United Kingdom
  • [Repealed]

    Section 12: repealed, on 1 July 1998, by section 17(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Finance Act 1933. The reprint incorporates all the amendments to the Act as at 1 July 1998, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Local Government Amendment Act (No 3) 1996 (1996 No 83): section 17(1)

    Public Revenues Act 1953 (1953 No 73): section 120(1)

    National Provident Fund Act 1950 (1950 No 55): section 80(1)

    Adhesive Stamps Act 1939 (1939 No 10): section 10(5)

    Finance Act 1938 (1938 No 13): section 41(2)

    Finance Act 1937 (1937 No 17): section 10

    Mortgagors and Lessees Rehabilitation Act 1936 (1936 No 33): section 84(2), (4)

    Finance Act 1936 (1936 No 16): section 30(11)