Finance Act (No 2) 1949

Reprint
as at 1 July 2001

Coat of Arms of New Zealand

Finance Act (No 2) 1949

Public Act1949 No 52
Date of assent21 October 1949
Commencement21 October 1949

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 (No 2) 1949.

2 Exempting gifts to Canterbury International Air Race Council from gift duty
  • [Repealed]

    Section 2: repealed (with effect on 21 July 1955), on 28 October 1955, by section 89(1) of the Estate and Gift Duties Act 1955 (1955 No 105).

3 Extending exemption from gift duty on gifts of food and clothing for Great Britain
  • [Repealed]

    Section 3: repealed (with effect on 21 July 1955), on 28 October 1955, by section 89(1) of the Estate and Gift Duties Act 1955 (1955 No 105).

4 Exemptions from amusements tax
  • [Repealed]

    Section 4: repealed, on 29 August 1952, by section 11(1) of the Amusement Tax Act 1952 (1952 No 10).

5 British Empire Games and Canterbury Centennial Games exempted from amusements tax
  • [Repealed]

    Section 5: repealed, on 29 August 1952, by section 11(1) of the Amusement Tax Act 1952 (1952 No 10).

6 Previous losses to be deducted from profits of Public Trust Office before payments made into Public Account
  • [Repealed]

    Section 6: repealed, on 5 December 1951, by section 8(3)(b) of the Public Trust Office Amendment Act 1951 (1951 No 57).

7 Travelling expenses of members of certain bodies
  • [Repealed]

    Section 7: repealed, on 1 April 1952, by section 10(1) of the Fees and Travelling Allowances Act 1951 (1951 No 79).

8 Empowering local authorities to expend moneys in connection with Canterbury centennial celebrations
  • It shall be lawful and be deemed to have been lawful for any local authority or public body whose district lies wholly or partly within the boundaries of the Provincial District of Canterbury to expend moneys out of its general fund or account towards celebrating and commemorating the 100th anniversary of the settlement of Canterbury, and in connection with the establishment of a centennial memorial or centennial memorials, and to make grants to the body known as the Canterbury-New Zealand Centennial Association, Incorporated, for any such purpose.

9 Henderson Borough Council authorised to construct approaches to View Road Bridge
  • (1) In this section—

    Council means the Henderson Borough Council

    warrant means the warrant issued on 7 July 1941, under section 135 of the Public Works Act 1928, authorising the Minister of Works to construct a bridge over the Oratia Stream at Henderson (together with approaches thereto).

    (2) The warrant shall be deemed to be amended so as to authorise the Council to construct the approaches to the bridge and incidental matters as shown on the plan marked PWD 130048 deposited in the office of the Minister of Works at Wellington.

    (3) The control of the bridge is hereby vested in the Council, but nothing herein contained shall limit the power of the Governor-General at any time hereafter to make other provision in respect of the control of the bridge under section 136 of the Public Works Act 1928.

10 Special provisions as to tenancies of dwellinghouses for visitors to British Empire Games
  • [Repealed]

    Section 10: repealed, on 21 October 1955, by section 59(1) of the Tenancy Act 1955 (1955 No 50).

11 Application of fees, etc, received by Engineers Registration Board
  • (1) This section shall be read together with and deemed part of the Engineers Registration Act 1924 (hereinafter referred to as the principal Act).

    (2) The Registrar shall take and receive all moneys payable to the Board under the principal Act.

    (3) Until the prescribed fee has been paid the Registrar may decline to do any act, or to permit any act to be done, or to receive any document in respect of which that fee is payable.

    (4) All fees and other moneys payable under the principal Act in respect of any period after 31 March 1950 shall, notwithstanding that they may be received before that date, be paid forthwith into a bank approved by the Board, to the credit of an account to be called the Engineers Registration Board Account, and all expenses incurred in the administration of the principal Act in respect of any period after that date shall be paid from that account.

    (5) All moneys received under this section may be applied by the Board as follows:

    • (a) in the payment of the expenses incurred by the Board in respect of the principal Act, including the remuneration of the Registrar and other officers and servants of the Board, and the costs of the audit of its accounts:

    • (b) in payments of any fees, allowances, or travelling expenses payable in accordance with the principal Act to members of the Board:

    • (c) [Repealed]

    • (d) in payment for publications, office accommodation, office equipment, and materials deemed necessary by the Board for carrying out its duties under the principal Act:

    • (e) in payment of expenses for the setting, conducting, and marking of examinations conducted by the Board:

    • (f) otherwise for the payment of any expenditure lawfully incurred by the Board.

    (6) The Board may from time to time, as it thinks fit, invest any moneys not for the time being required for any of the purposes mentioned in the last preceding subsection by depositing them in the Post Office Savings Bank or in any bank or other institution authorised to receive moneys on deposit.

    (7) The Board is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is the auditor.

    (8) The Board shall, as soon as possible after the end of every financial year, cause the accounts of the Board for that financial year to be balanced and full and true statements and accounts of all the moneys received and expended by the Board during that year, and of the assets and liabilities of the Board at the end of that year, to be prepared and submitted to the Auditor-General.

    (9) Section 15 of the principal Act is hereby consequentially repealed save in so far as it relates to fees and other moneys due, and expenses incurred, under the principal Act in respect of any period before 1 April 1950, whether received or paid before or after that date.

    Section 11(5)(c): repealed, on 1 April 1952, by section 10(1) of the Fees and Travelling Allowances Act 1951 (1951 No 79).

    Section 11(7): replaced, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

    Section 11(8): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

12 Increasing rate of economic war pensions
  • [Repealed]

    Section 12: repealed (with effect on 8 May 1950), on 17 November 1950, by section 6(2) of the War Pensions Amendment Act 1950 (1950 No 47).

13 Use of spirits distilled under wine-still licences
  • [Repealed]

    Section 13: repealed, on 1 January 1960, by section 31 of the Distillation Amendment Act 1959 (1959 No 97).


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) 1949. The reprint incorporates all the amendments to the Act as at 1 July 2001, 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 Audit Act 2001 (2001 No 10): sections 52, 53

    Distillation Amendment Act 1959 (1959 No 97): section 31

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

    Tenancy Act 1955 (1955 No 50): section 59(1)

    Amusement Tax Act 1952 (1952 No 10): section 11(1)

    Fees and Travelling Allowances Act 1951 (1951 No 79): section 10(1)

    Public Trust Office Amendment Act 1951 (1951 No 57): section 8(3)(b)

    War Pensions Amendment Act 1950 (1950 No 47): section 6(2)