1 Short Title

• This Act may be cited as the Finance Act (No 2) 1953.

2 Supplementation of war service gratuities for World War II and Korea

• (1) In this section, unless the context otherwise requires,—

  Minister means the Minister of Defence; and includes any person for the time being authorised to exercise or perform any of the Minister's powers or functions under this section

  Serviceman means a person to whom the Minister has granted a war service gratuity before the passing of this Act in respect of his service in connection with the Second World War or before or after the passing of this Act in respect of his service in connection with the emergency in Korea.

  (2) The total war service gratuity that may be granted in respect of any serviceman who is in receipt of a pension under the War Pensions Act 1954 as a result of his service shall be not less than the appropriate amount hereinafter specified, that is to say—

  • (a) Where the war pension is a permanent pension for total disablement, the sum of $400:

  • (b) Where the war pension is a permanent pension for partial disablement, a sum bearing to $400 the same proportion as the amount of the pension bears to the amount of the permanent pension to which the member would be entitled if he were totally disabled:

    Provided that where a permanent pension for partial disablement is increased or is subsequently adjusted to become payable for total disablement, the war service gratuity already paid to the member may be further supplemented in accordance with this paragraph, but so that the aggregate amount so paid shall not exceed $400:

  • (c) Where the war pension is a temporary pension, a sum representing the amount of gratuity payable for the member's service plus 10 percent, but so that the aggregate amount shall not exceed the amount to which the serviceman would have been entitled if the pension had been permanent:

    Provided that where the temporary pension is converted into a permanent pension for total or partial disablement, the war service gratuity already paid to the serviceman under this paragraph may be further supplemented in accordance with paragraph (a) or paragraph (b) of this subsection.

  (3) Subject to the provisions of this section, where any serviceman has died, the Minister may in his discretion grant a war service gratuity in accordance with this section, or any part of such a gratuity, to or for the benefit of such dependant or dependants of the serviceman, or to such other person or persons, in such manner, and in such proportions, as the Minister thinks fit.

  (4) Where the death of the serviceman—

  • (a) Is attributable to his service, whether within or outside New Zealand; or

  • (b) Has occurred during his service outside New Zealand,—

  the total war service gratuity that may be granted, including any amount granted under subsection (3) of this section, shall be not less than $400.

  (5) Where the serviceman was at the date of his death in receipt of a war pension, in any case to which subsection (4) of this section does not apply, the total war service gratuity that may be granted, including any amount granted under subsection (3) of this section, shall be not less than the appropriate amount specified in subsection (2) of this section, according to the nature of the war pension being paid at the date of death.

  (6) Any money granted by way of war service gratuity under subsection (3) of this section shall be deemed not to form part of the estate of the deceased serviceman.

  (7) Payment of any amount under this section shall be made by direct payment to the person to whom it is granted or by depositing the amount in an ordinary Post Office Savings Bank account.

  (8) The following regulations are hereby revoked:

  • (a) The War Service Gratuities Emergency Regulations 1945:

  • (b) The War Service Gratuities Emergency Regulations 1945, Amendment No 1:

  • (c) The War Service Gratuities Emergency Regulations 1945, Amendment No 2:

  • (d) The War Service Gratuities Emergency Regulations 1945, Amendment No 3:

  • (e) The War Service Gratuities Emergency Regulations 1945, Amendment No 4:

  In subsection (2) the War Pensions Act 1954 has been substituted for the repealed War Pensions Act 1943.

3

• [Spent]

4

• [Spent]

5

• [Repealed]

  Section 5 was impliedly repealed by section 3(5) of the Rural Banking and Finance Corporation Amendment Act 1982.

6

• [Spent]

7 Establishment of separate industry accounts

• (1) Where the Ministry of Agriculture and Fisheries exercises or proposes to exercise any function in relation to any primary products, foodstuffs, or goods, the Minister of Agriculture and Fisheries may enter into an agreement with such persons as in the opinion of the Minister are representatives of the industry concerned, providing—

  • (a) For the keeping by the Department of a separate account for the purpose of recording, in accordance with the agreement, the receipts and expenditure of the Department in relation to those primary products, foodstuffs, or goods; and

  • (b) For the holding of any surplus which may from time to time accrue in the separate account for the benefit of the industry concerned.

  (2) Where any such agreement has been entered into by the Minister of Agriculture and Fisheries before or after the passing of this Act, or by any other Minister before the passing of this Act, there may from time to time, without further appropriation than this section, be paid out of the appropriate account kept under the Marketing Act 1936 such sum as the Minister of Agriculture and Fisheries, after consultation with representatives of the industry concerned, may approve.

  (3) Any money paid under subsection two of this section to any Board or Commission or other body established in connection with the industry concerned may be expended by that body for such purposes for the benefit of the industry as may be directed or approved by the Minister of Agriculture and Fisheries.

  (4) All acts done before the passing of this Act that would have been valid if this section had been in force when they were done, and had conferred the same powers and functions on every other Minister as on the Minister of Agriculture and Fisheries, are hereby validated and declared to have been lawfully done.

  (5) This section is in substitution for section five of the Finance Act (No 2) 1948, and that section is hereby accordingly repealed.

8

• [Repealed]

  Section 8 was repealed by section 163(1) of the Public Finance Act 1977.

9

• [Spent]

10

• [Repealed]

  Section 10 was repealed by section 28 of the Motor Spirits Duty Act 1961.

11

• [Repealed]

  Section 11 was repealed by section 2(3) of the Transport Amendment Act 1961, and section 201(1) of the Transport Act 1962.

12

• [Repealed]

  Section 12 was repealed by section 2(2) of the Scientific and Industrial Research Amendment Act 1961.

13

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

14

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

15

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

16

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

17

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

18

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

19

• [Repealed]

  Sections 13–19 were repealed by section 42(1) of the Housing Act 1955.

20

• [Spent]

21

• [Repealed]

  Section 21 was repealed by section 6(2) of the Auckland Harbour Bridge Amendment Act 1958.

22

• [Repealed]

  Sections 22 and 23 were repealed by section 15 of the Banking Act 1982.

23

• [Repealed]

  Sections 22 and 23 were repealed by section 15 of the Banking Act 1982.

24

• [Repealed]

  Section 24 was repealed by section 59(1) of the Tenancy Act 1955.

25

• [Repealed]

  Section 25 was repealed by section 50(1) of the Shops and Offices Act 1955.

26

• [Repealed]

  Section 26 was repealed by section 248(1) of the Public Works Act 1981.

27

28

• [Repealed]

  Section 28 was repealed by section 5(2) of the Engineers Registration Amendment Act 1988.

29

• [Repealed]

  Section 29 was repealed by section 3(2)(b) of the Engineers Registration Amendment Act 1988.