Finance Act (No 2) 1935

Reprint
as at 19 October 1978

Coat of Arms of New Zealand

Finance Act (No 2) 1935

Public Act1935 No 41
Date of assent26 October 1935
Commencement26 October 1935

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.


Contents

Title

1 Short Title

Part 1
Public revenues

2 Additional payment to Government Fire Insurance Fund validated

3 Main Highways Revenue Fund and Main Highways Construction Fund abolished [Repealed]

4 Increasing travelling allowance of High Commissioner whilst travelling on public service outside United Kingdom [Repealed]

5 Amount of rates recoverable in respect of Rangitaiki Land Drainage District to be reduced for period [Repealed]

6 Section 18 of Unemployment Act 1930 (as to powers of Unemployment Board) amended [Repealed]

7 Section 20 of Unemployment Act 1930 extended [Repealed]

8 Amending provisions as to exemptions from emergency unemployment charge on salary and wages [Repealed]

9 Section 21 of Reserve Bank of New Zealand Act 1933 (as to keeping government accounts) amended [Repealed]

10 Stamp duty on receipts contained in interest warrants issued by Reserve Bank as Registrar of Stock [Repealed]

11 Section 154 of Stamp Duties Act 1923 (as to stamping of agreements by parties) amended [Repealed]

12 Film-renting contract to be liable for stamp duty as an agreement [Repealed]

13 Amending provisions as to stamp duty on surrenders of leases when new leases are granted [Repealed]

14 Bondholders Incorporation Commission may dispense with payment of fees

15 Provision for refunds if fees and levies exceed costs and expenses of Bondholders Incorporation Commission

16 Reduction of stakes duty payable by racing clubs [Repealed]

17 Minister of Finance may refund to racing clubs portion of totalisator duty [Repealed]

18 As to refund of totalisator duty to Bay of Islands Racing Club [Repealed]

Part 2
Local authorities

19 Authorising government guarantee of special loans raised without poll [Repealed]

20 Removing limitation of time for conversion, with consent of holder, of securities issued by local authorities [Repealed]

21 Validating expenditure by local authorities in connection with Silver Jubilee of His Majesty the King and welcomes to Their Excellencies Viscount and Lady Galway

Part 3
Miscellaneous

22 Extending provisions as to special pensions to miners' widows [Repealed]

23 Rights of contributors to National Provident Fund at passing of National Expenditure Adjustment Act 1932 not affected by section 24 of that Act [Repealed]

24 Altering dates for actuarial examinations of Public Service Superannuation Fund and Teachers' Superannuation Fund [Repealed]

25 Provision for actuarial examination of Government Railways Superannuation Fund [Repealed]

26 Post and Telegraph Department may establish sick benefit fund [Repealed]

27 Payment from government funds to certain superannuated public servants not to affect rights of superannuation [Repealed]

28 Provisions as to superannuation of the Honourable Edward Page [Repealed]

29 Amending provisions as to rates of interest in respect of loans on government life insurance policies [Repealed]

30 Exemptions from section 50(4) of Friendly Societies Act 1909 extended for further period [Repealed]

31 Control of King George V Hospital and Pukeora Sanatorium to be transferred to Waikato Hospital Board and Waipawa Hospital Board respectively

32 Provisions of Electoral Act 1927 not to apply to H S S Kyle, Esq, by reason of payments to him as member of Stock-remedies Registration Board

33 Provisions of section 18 of Civil List Act 1920 not to apply to certain members of the General Assembly

34 Authorising trustees of Dunedin Savings-bank to make a donation of £300 to Dunedin Branch of New Zealand Crippled Children's Society

35 Payment by trustees of Dunedin Savings-bank of £100 to Dunedin Central Mission validated

36 Authorising trustees of Hokitika Savings-bank to make grant of £650 to Westland Hospital Board

37 Authorising certain statutory Boards to contribute to superannuation schemes for their staffs [Repealed]


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 (No 2) 1935.

Part 1
Public revenues

2 Additional payment to Government Fire Insurance Fund validated
  • Notwithstanding anything to the contrary in section 133 of the Public Revenues Act 1926, the payments made for the purposes of that section to the Public Trustee during the financial year ended 31 March 1935 of sums amounting to 20,000 pounds are hereby validated and declared to have been lawfully made.

3 Main Highways Revenue Fund and Main Highways Construction Fund abolished
  • [Repealed]

    Section 3: repealed (with effect on 1 April 1947), on 25 November 1947, by section 3(5) of the Finance Act (No 2) 1947 (1947 No 45).

4 Increasing travelling allowance of High Commissioner whilst travelling on public service outside United Kingdom
  • [Repealed]

    Section 4: repealed, on 11 June 1943, by section 12(1) of the External Affairs Act 1943 (1943 No 5).

5 Amount of rates recoverable in respect of Rangitaiki Land Drainage District to be reduced for period
  • [Repealed]

    Section 5: repealed, on 15 March 1938, by section 11(5) of the Finance Act (No 2) 1937 (1937 No 36).

6 Section 18 of Unemployment Act 1930 (as to powers of Unemployment Board) amended
  • [Repealed]

    Section 6: repealed, on 1 June 1936, by section 48(1) of the Employment Promotion Act 1936 (1936 No 3).

7 Section 20 of Unemployment Act 1930 extended
  • [Repealed]

    Section 7: repealed, on 1 June 1936, by section 48(1) of the Employment Promotion Act 1936 (1936 No 3).

8 Amending provisions as to exemptions from emergency unemployment charge on salary and wages
  • [Repealed]

    Section 8: repealed, on 1 June 1936, by section 48(1) of the Employment Promotion Act 1936 (1936 No 3).

9 Section 21 of Reserve Bank of New Zealand Act 1933 (as to keeping government accounts) amended
  • [Repealed]

    Section 9: repealed, on 4 December 1964, by section 54(1) of the Reserve Bank of New Zealand Act 1964 (1964 No 134).

10 Stamp duty on receipts contained in interest warrants issued by Reserve Bank as Registrar of Stock
  • [Repealed]

    Section 10: repealed (with effect on 8 August 1952), on 16 October 1952, by section 2(2) of the Stamp Duties Amendment Act 1952 (1952 No 22).

11 Section 154 of Stamp Duties Act 1923 (as to stamping of agreements by parties) amended
  • [Repealed]

    Section 11: repealed, on 1 January 1955, by section 175(1) of the Stamp Duties Act 1954 (1954 No 52).

12 Film-renting contract to be liable for stamp duty as an agreement
  • [Repealed]

    Section 12: repealed, on 9 November 1961, by section 9(4)(a) of the Stamp Duties Amendment Act 1961 (1961 No 55).

13 Amending provisions as to stamp duty on surrenders of leases when new leases are granted
  • [Repealed]

    Section 13: repealed, on 1 January 1955, by section 175(1) of the Stamp Duties Act 1954 (1954 No 52).

14 Bondholders Incorporation Commission may dispense with payment of fees
  • Notwithstanding anything to the contrary in section 23 of the Companies (Bondholders Incorporation) Act 1934–35, where the Bondholders Incorporation Commission constituted under that Act is satisfied that any person is unable or ought not to be called upon to pay any fee payable by that person in accordance with any regulations made for the purposes of that section, or any part of that fee, the Commission may by order dispense with the payment of the fee or of any part thereof subject to such conditions as it thinks fit.

15 Provision for refunds if fees and levies exceed costs and expenses of Bondholders Incorporation Commission
  • If, when the Bondholders Incorporation Commission has disposed of all matters and proceedings before it or likely to come before it, the Controller and Auditor-General certifies that in his opinion the total amount then received or thereafter to be received by way of fees and levies under the Companies (Bondholders Incorporation) Act 1934–35 exceeds the total costs and expenses of the Bondholders Incorporation Commission then incurred or thereafter to be incurred, the amount of the excess, if it is not less than 100 pounds, shall be refunded or remitted to the persons by whom amounts exceeding 30 pounds have been paid or are payable by way of hearing fees or levies under the said Act, in proportion to the total amounts so paid or payable by them respectively.

16 Reduction of stakes duty payable by racing clubs
  • [Repealed]

    Section 16: repealed, on 1 January 1955, by section 175(1) of the Stamp Duties Act 1954 (1954 No 52).

17 Minister of Finance may refund to racing clubs portion of totalisator duty
  • [Repealed]

    Section 17: repealed, on 6 December 1951, by section 20(2) of the Finance Act 1951 (1951 No 78).

18 As to refund of totalisator duty to Bay of Islands Racing Club
  • [Repealed]

    Section 18: repealed, on 1 January 1955, by section 175(1) of the Stamp Duties Act 1954 (1954 No 52).

Part 2
Local authorities

19 Authorising government guarantee of special loans raised without poll
  • [Repealed]

    Section 19: repealed, on 1 April 1957, by section 135(1) of the Local Authorities Loans Act 1956 (1956 No 63).

20 Removing limitation of time for conversion, with consent of holder, of securities issued by local authorities
  • [Repealed]

    Section 20: repealed, on 1 April 1957, by section 135(1) of the Local Authorities Loans Act 1956 (1956 No 63).

21 Validating expenditure by local authorities in connection with Silver Jubilee of His Majesty the King and welcomes to Their Excellencies Viscount and Lady Galway
  • (1) It shall be and be deemed to have been lawful for any local authority to expend out of its General Fund any sum or sums of money in connection with the celebration or commemoration of the Silver Jubilee of the accession to the Throne of His Majesty the King, or in connection with public functions of welcome to Their Excellencies the Right Honourable Viscount Galway and Lady Galway.

    (2) For the purposes of this section the term local authority means any City or Borough Council, County Council, Road Board, Town Board, Harbour Board, Education Board, Tramway Board, Transport Board, or Hospital Board,

Part 3
Miscellaneous

22 Extending provisions as to special pensions to miners' widows
  • [Repealed]

    Section 22: repealed, on 14 September 1938, by section 76(1) of the Social Security Act 1938 (1938 No 7).

23 Rights of contributors to National Provident Fund at passing of National Expenditure Adjustment Act 1932 not affected by section 24 of that Act
  • [Repealed]

    Section 23: repealed, on 12 October 1946, by section 23(2) of the National Provident Fund Amendment Act 1946 (1946 No 35).

24 Altering dates for actuarial examinations of Public Service Superannuation Fund and Teachers' Superannuation Fund
  • [Repealed]

    Section 24: repealed, on 6 October 1939, by section 47(4) of the Finance Act (No 2) 1939 (1939 No 38).

25 Provision for actuarial examination of Government Railways Superannuation Fund
  • [Repealed]

    Section 25: repealed, on 1 April 1948, by section 91(1) of the Superannuation Act 1947 (1947 No 57).

26 Post and Telegraph Department may establish sick benefit fund
  • [Repealed]

    Section 26: repealed, on 1 January 1954, by section 5(2) of the Post and Telegraph Amendment Act 1953 (1953 No 48).

27 Payment from government funds to certain superannuated public servants not to affect rights of superannuation
  • [Repealed]

    Section 27: repealed, on 1 April 1948, by section 91(1) of the Superannuation Act 1947 (1947 No 57).

28 Provisions as to superannuation of the Honourable Edward Page
  • [Repealed]

    Section 28: repealed, on 1 April 1948, by section 91(1) of the Superannuation Act 1947 (1947 No 57).

29 Amending provisions as to rates of interest in respect of loans on government life insurance policies
  • [Repealed]

    Section 29: repealed, on 13 October 1936, by section 23(4) of the Finance Act (No 2) 1936 (1936 No 36).

30 Exemptions from section 50(4) of Friendly Societies Act 1909 extended for further period
  • [Repealed]

    Section 30: repealed, on 14 September 1938, by section 40(2) of the Finance Act 1938 (1938 No 13).

31 Control of King George V Hospital and Pukeora Sanatorium to be transferred to Waikato Hospital Board and Waipawa Hospital Board respectively
  • (1) The control of the King George V Hospital, Rotorua, and the Pukeora Sanatorium, Waipukurau, may, with the consent of the Minister of Health, be transferred to the Waikato Hospital Board and the Waipawa Hospital Board respectively, to be conducted by those Boards for the same purposes respectively as before the transfer, and any land, buildings, equipment, and other property vested in or belonging to the Crown in connection with or used for the purposes of either of those institutions may be transferred to or vested in the Hospital Board concerned.

    (2) Anything done before the passing of this Act in connection with such a transfer as is authorised by this section is hereby validated and declared to have been lawfully done.

32 Provisions of Electoral Act 1927 not to apply to H S S Kyle, Esq, by reason of payments to him as member of Stock-remedies Registration Board
  • The provisions of the Electoral Act 1927, or any other Act, as to disqualification of members of Parliament, shall not apply to any payment which, under the authority of any appropriation now or hereafter made by Parliament, has been or may hereafter be received by Herbert Seton Stewart Kyle, Esquire, member of Parliament, by way of remuneration, or reimbursement of travelling expenses reasonably incurred by him, in respect of his services as a member of the Stock-remedies Registration Board established under the Stock-remedies Act 1934.

33 Provisions of section 18 of Civil List Act 1920 not to apply to certain members of the General Assembly
  • The provisions of section 18 of the Civil List Act 1920 shall not apply to the absence, owing to their attendance at the Empire Parliamentary Association Conference in London, of Peter Fraser, Esquire, Harold Galt Dickie, Esquire, William Alexander Bodkin, Esquire, and the Honourable Mark Fagan, members of the General Assembly, during the present session.

34 Authorising trustees of Dunedin Savings-bank to make a donation of £300 to Dunedin Branch of New Zealand Crippled Children's Society
  • Notwithstanding anything contained in the Savings-banks Act 1908, the trustees of the Dunedin Savings-bank may, during the present financial year, pay out of the profits of the bank to the Dunedin Branch of the New Zealand Crippled Children's Society a sum or sums not exceeding in all the sum of 300 pounds, to be applied by the society for the objects thereof as set out in its rules, and any such payments heretofore so made shall be deemed to have been lawfully made.

35 Payment by trustees of Dunedin Savings-bank of £100 to Dunedin Central Mission validated
  • The payment made during the financial year ended 31 March 1935 by the trustees of the Dunedin Savings-bank of a sum of 100 pounds out of the profits of the bank to the Central Mission of Dunedin towards the cost of the Health Camp for Needy Children is hereby validated and declared to have been lawfully made.

36 Authorising trustees of Hokitika Savings-bank to make grant of £650 to Westland Hospital Board
  • Notwithstanding anything contained in the Savings-banks Act 1908, the trustees of the Hokitika Savings-bank may pay to the Westland Hospital Board, out of the profits of the bank, a sum or sums not exceeding in all 650 pounds, to be applied by the Board in purchasing and installing an X-ray plant for the Westland Public Hospital, and any such sum heretofore paid shall be deemed to have been lawfully paid.

37 Authorising certain statutory Boards to contribute to superannuation schemes for their staffs
  • [Repealed]

    Section 37: repealed, on 19 October 1978, by section 3(2)(a) of the Meat Export Control Amendment Act 1978 (1978 No 110).


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 (No 2) 1935. The reprint incorporates all the amendments to the Act as at 19 October 1978, 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)
  • Meat Export Control Amendment Act 1978 (1978 No 110): section 3(2)(a)

    Reserve Bank of New Zealand Act 1964 (1964 No 134): section 54(1)

    Stamp Duties Amendment Act 1961 (1961 No 55): section 9(4)(a)

    Local Authorities Loans Act 1956 (1956 No 63): section 135(1)

    Stamp Duties Act 1954 (1954 No 52): section 175(1)

    Post and Telegraph Amendment Act 1953 (1953 No 48): section 5(2)

    Stamp Duties Amendment Act 1952 (1952 No 22): section 2(2)

    Finance Act 1951 (1951 No 78): section 20(2)

    Superannuation Act 1947 (1947 No 57): section 91(1)

    Finance Act (No 2) 1947 (1947 No 45): section 3(5)

    National Provident Fund Amendment Act 1946 (1946 No 35): section 23(2)

    External Affairs Act 1943 (1943 No 5): section 12(1)

    Finance Act (No 2) 1939 (1939 No 38): section 47(4)

    Finance Act 1938 (1938 No 13): section 40(2)

    Social Security Act 1938 (1938 No 7): section 76(1)

    Finance Act (No 2) 1937 (1937 No 36): section 11(5)

    Finance Act (No 2) 1936 (1936 No 36): section 23(4)

    Employment Promotion Act 1936 (1936 No 3): section 48(1)