Finance Act (No 2) 1946

Reprint
as at 1 February 1982

Coat of Arms of New Zealand

Finance Act (No 2) 1946

Public Act1946 No 41
Date of assent12 October 1946
Commencementsee section 1(2)

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 and commencement

Part 1
Public revenues

2 Settlement of claims of Whakatohea Tribe [Repealed]

3 Authorising Minister of Finance to acquire shares in New Zealand company to be formed by Anglo-Iranian Oil Company, Limited [Repealed]

4 Authorising Reserve Bank to grant loans to Governments of other countries to finance purchase of New Zealand produce [Repealed]

5 Certain railways authorised [Repealed]

6 Bonus to persons retained in Government service under Superannuation Emergency Regulations 1940

7 Salary increases on revision of scales as at 1 April 1946 not to be taken into account in fixing maximum remuneration of retired public servants and teachers who are temporarily re-employed [Repealed]

8 Providing for superannuation for Navy, Army, and Air Force [Repealed]

9 Salaries of Legislative officers to be appropriated annually [Repealed]

10 Amending provisions as to interest on unpaid death duties [Repealed]

11 Certain instruments not to be exempted from stamp duty [Repealed]

12 Penal charge in case of evasion of social security charge on salary or wages [Repealed]

13 Second Schedule of Finance Act 1946 amended [Repealed]

Part 2
Hospitals and charitable institutions

14 Part to be read with Hospitals and Charitable Institutions Act 1926 [Repealed]

15 Authorising payment of subsidies to Hospital Boards [Repealed]

16 Advance to Board in case of insufficiency of income [Repealed]

17 Basis of levy of rates by Valuer-General [Repealed]

18 Regulations to control expenditure, etc [Repealed]

19 Provisions if Hospital Board fails to perform its duty [Repealed]

Part 3
Timber workers' housing

20 Interpretation [Repealed]

21 Sale of dwellings for cash or on hire-purchase terms [Repealed]

22 Loans for improvement of buildings to be used as dwellings [Repealed]

23 Letting of dwellings erected or repaired, etc, under this Part of Act [Repealed]

24 Levy on timber [Repealed]

25 Financial provisions [Repealed]

26 Advisory Committee [Repealed]

Part 4
Miscellaneous

27 Authorising Hamilton City Council to recoup its General Account out of loan moneys advanced for housing purposes

28 Removal of restriction on Hokitika Harbour timber dues

29 Joint hearing of claims for compensation under Iron and Steel Industry Act 1937 [Repealed]

30 Tax-free stock issued under Bank of New Zealand Act 1945 to trustees may be transferred on appointment of new trustees

31 Financial year of Linen Flax Corporation to end on 31 December [Repealed]

32 Special provision with respect to service of J W Hadfield as Manager of Linen Flax Corporation

33 Security on loans to employers for workers' dwellings [Repealed]

Schedule

[Repealed]


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

1 Short Title and commencement
  • (1) This Act may be cited as the Finance Act (No 2) 1946.

    (2) Except as expressly provided herein this Act shall come into force on the passing thereof.

Part 1
Public revenues

2 Settlement of claims of Whakatohea Tribe
  • [Repealed]

    Section 2: repealed, on 21 October 1949, by section 26(7) of the Maori Purposes Act 1949 (1949 No 46).

3 Authorising Minister of Finance to acquire shares in New Zealand company to be formed by Anglo-Iranian Oil Company, Limited
  • [Repealed]

    Section 3: repealed, on 1 April 1978, by section 163(1) of the Public Finance Act 1977 (1977 No 65).

4 Authorising Reserve Bank to grant loans to Governments of other countries to finance purchase of New Zealand produce
  • [Repealed]

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

5 Certain railways authorised
  • [Repealed]

    Section 5: repealed, on 1 February 1982, by section 248(1) of the Public Works Act 1981 (1981 No 35).

6 Bonus to persons retained in Government service under Superannuation Emergency Regulations 1940
  • Any person who by reason of the Superannuation Emergency Regulations 1940 was unable to retire from service on superannuation when he desired so to do shall be entitled to receive from moneys appropriated by Parliament to the purpose such amount by way of bonus as the Minister of Finance may in his discretion determine.

7 Salary increases on revision of scales as at 1 April 1946 not to be taken into account in fixing maximum remuneration of retired public servants and teachers who are temporarily re-employed
  • [Repealed]

    Section 7: repealed, on 1 April 1948, by section 91(1) of the Superannuation Act 1947 (1947 No 57).

8 Providing for superannuation for Navy, Army, and Air Force
  • [Repealed]

    Section 8: repealed, on 1 April 1948, by section 70(1) of the Superannuation Act 1947 (1947 No 57).

9 Salaries of Legislative officers to be appropriated annually
  • [Repealed]

    Section 9: repealed, on 1 January 1951, by section 29(1) of the Civil List Act 1950 (1950 No 99).

10 Amending provisions as to interest on unpaid death duties
  • [Repealed]

    Section 10: repealed (with effect on 21 July 1995), on 28 October 1955, by section 89(1) of the Estate and Gift Duties Act 1955 (1955 No 105).

11 Certain instruments not to be exempted from stamp duty
  • [Repealed]

    Section 11: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).

12 Penal charge in case of evasion of social security charge on salary or wages
  • [Repealed]

    Section 12: repealed, on 24 October 1957, by section 5(3) of the Income Tax Assessment Act 1957 (1957 No 93).

13 Second Schedule of Finance Act 1946 amended
  • [Repealed]

    Section 13: repealed, on 1 November 1949, by section 169(1) of the Transport Act 1949 (1949 No 7).

Part 2
Hospitals and charitable institutions

  • Part 2: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

14 Part to be read with Hospitals and Charitable Institutions Act 1926
  • [Repealed]

    Section 14: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

15 Authorising payment of subsidies to Hospital Boards
  • [Repealed]

    Section 15: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

16 Advance to Board in case of insufficiency of income
  • [Repealed]

    Section 16: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

17 Basis of levy of rates by Valuer-General
  • [Repealed]

    Section 17: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

18 Regulations to control expenditure, etc
  • [Repealed]

    Section 18: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

19 Provisions if Hospital Board fails to perform its duty
  • [Repealed]

    Section 19: repealed, on 1 April 1958, by section 158(1) of the Hospitals Act 1957 (1957 No 40).

Part 3
Timber workers' housing

  • Part 3: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

20 Interpretation
  • [Repealed]

    Section 20: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

21 Sale of dwellings for cash or on hire-purchase terms
  • [Repealed]

    Section 21: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

22 Loans for improvement of buildings to be used as dwellings
  • [Repealed]

    Section 22: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

23 Letting of dwellings erected or repaired, etc, under this Part of Act
  • [Repealed]

    Section 23: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

24 Levy on timber
  • [Repealed]

    Section 24: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

25 Financial provisions
  • [Repealed]

    Section 25: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

26 Advisory Committee
  • [Repealed]

    Section 26: repealed, on 25 October 1957, by section 9(1) of the Finance Act 1957 (1957 No 106).

Part 4
Miscellaneous

27 Authorising Hamilton City Council to recoup its General Account out of loan moneys advanced for housing purposes
  • Whereas the Hamilton City Council (in this section referred to as the Council) has expended certain moneys from its General Account in respect of the cost of 3 transit housing centres to be established in the City of Hamilton under the Local Authorities (Temporary Housing) Emergency Regulations 1944:

    And whereas it will be necessary to expend further moneys for the purpose of completing those works, and it is estimated that the total cost of the works will exceed 25,000 pounds:

    And whereas the Council proposes to raise 3 loans under the authority of the said regulations for the purpose of meeting the cost of the works and has expended a sum of approximately 16,000 pounds from its General Account in anticipation of the necessary authority being granted to the raising of the said loan:

    And whereas it is expedient to authorise the Council, out of the proceeds of the loans, when raised, to refund to its General Account a sum not exceeding 16,000 pounds.

    Be it therefore enacted as follows:

    The Council is hereby authorised to refund to its General Account out of the proceeds of the said loans when raised a sum or sums not exceeding in all 16,000 pounds.

28 Removal of restriction on Hokitika Harbour timber dues
  • Amendment(s) incorporated in the Act(s).

29 Joint hearing of claims for compensation under Iron and Steel Industry Act 1937
  • [Repealed]

    Section 29: repealed, on 1 October 1954, by section 37(e) of the Finance Act 1954 (1954 No 90).

30 Tax-free stock issued under Bank of New Zealand Act 1945 to trustees may be transferred on appointment of new trustees
  • Notwithstanding anything to the contrary in paragraph (d) of subsection (1) of section 5 of the Bank of New Zealand Act 1945, if the Registrar of Stock is satisfied that any tax-free non-transferable stock was issued under paragraph (b) of subsection (1) of section 3 of that Act to any person or persons entitled to receive the stock as the trustee or trustees under any trust, and that any such person has ceased to be a trustee or any other person has become a trustee under the trust, a transfer of the stock to the trustee or trustees under the trust for the time being may be registered.

31 Financial year of Linen Flax Corporation to end on 31 December
  • [Repealed]

    Section 31: repealed, on 12 October 1978, by section 8 of the Finance Act 1978 (1978 No 56).

32 Special provision with respect to service of J W Hadfield as Manager of Linen Flax Corporation
  • Notwithstanding the provisions of subsection (2) of section 23 of the Linen Flax Corporation Act 1945, it is hereby declared that Joseph William Hadfield, Esquire, Manager of the Linen Flax Corporation of New Zealand, and formerly an officer of the Public Service employed in the Department of Scientific and Industrial Research, shall remain and be deemed to have always remained an officer of the Public Service during and in respect of the period of his engagement with the Corporation.

33 Security on loans to employers for workers' dwellings
  • [Repealed]

    Section 33: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).


Schedule

s 5

[Repealed]

  • Schedule: repealed, on 1 February 1982, by section 248(1) of the Public Works Act 1981 (1981 No 35).


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) 1946. The reprint incorporates all the amendments to the Act as at 1 February 1982, 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)
  • Public Works Act 1981 (1981 No 35): section 248(1)

    Finance Act 1978 (1978 No 56): section 8

    Public Finance Act 1977 (1977 No 65): section 163(1)

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

    Finance Act 1957 (1957 No 106): section 9(1)

    Income Tax Assessment Act 1957 (1957 No 93): section 5(3)

    Hospitals Act 1957 (1957 No 40): section 158(1)

    Estate and Gift Duties Act 1955 (1955 No 105): section 89(1)

    Housing Act 1955 (1955 No 51): section 42(1)

    Finance Act 1954 (1954 No 90): section 37(e)

    Civil List Act 1950 (1950 No 99): section 29(1)

    Maori Purposes Act 1949 (1949 No 46): section 26(7)

    Transport Act 1949 (1949 No 7): section 169(1)

    Superannuation Act 1947 (1947 No 57): sections 70(1), 91(1)