Finance Act (No 2) 1967

Reprint
as at 12 May 1989

Coat of Arms of New Zealand

Finance Act (No 2) 1967

Public Act1967 No 159
Date of assent24 November 1967
Commencement24 November 1967

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) 1967.

2 Superannuation contributions by certain contributors to Government Superannuation Fund
  • [Repealed]

    Section 2: repealed, on 30 September 1976, by section 6(5) of the Finance Act 1976 (1976 No 24).

3 Salary of Ombudsman
  • [Repealed]

    Section 3: repealed, on 26 June 1975, by section 33(1) of the Ombudsmen Act 1975 (1975 No 9).

4 Assignments or settlements of income
  • [Repealed]

    Section 4: repealed, on 1 April 1977 (applying with respect to the tax on income derived in the income year commencing on that date and every subsequent year), by section 436(1) of the Income Tax Act 1976 (1976 No 65).

5 Annual report and accounts of Air New Zealand Limited to be presented to Parliament
  • [Repealed]

    Section 5: repealed, on 12 May 1989, by section 26 of the Finance Act (No 2) 1988 (1988 No 128).

6 Authorising the taking for a motorway of part of the Bolton Street Cemetery situated in the City of Wellington
  • Whereas the land described in subsection (5) (in this section referred to as the said land) is part of the closed cemetery known as Bolton Street Cemetery (in this section referred to as the cemetery) situated in the City of Wellington:

    And whereas by Order in Council made pursuant to the Cemeteries Act 1882 on 28 July 1891, and published in the Gazette on the 30th day of that month at page 869, the cemetery was declared closed and vested in the Mayor, Councillors, and Citizens of the City of Wellington (in this section referred to as the Corporation):

    And whereas section 43 of the Burial and Cremation Act 1964 prevents the said land from being sold or leased or otherwise disposed of or diverted to any purpose other than a closed cemetery:

    And whereas the said land is required for the Ngauranga–Basin Reserve Motorway (in this section referred to as the motorway):

    And whereas it is desirable that special provision be made to authorise the taking of the said land pursuant to the Public Works Act 1928 for the motorway:

    And whereas it is desirable that suitable provision be made for the reinterment of human remains removed in preparation for the construction of the motorway and for certain other matters relating to those human remains:

    Be it therefore enacted as follows:

    (1) The Governor-General is, pursuant to the powers conferred on him by the Public Works Act 1928, hereby empowered to take the said land or any part of it for the motorway, freed and discharged from all trusts, reservations, and restrictions.

    (2) Notwithstanding anything to the contrary in the Public Works Act 1928 or any other enactment or in any rule of law, no compensation shall be payable to the Corporation by the Crown or any other person in respect of the taking of the said land or any part of it in accordance with subsection (1).

    (3) Notwithstanding anything to the contrary in the Burial and Cremation Act 1964 or any other enactment or in any rule of law, the National Roads Board established under the National Roads Act 1953 may construct a motorway on any part of the said land, and may carry out ancillary works—

    • (a) resulting from the construction of the motorway; and

    • (b) associated with the restoration and the landscaping of any portion of the said land not required for the motorway and of any adjacent land vested in the Crown or the Corporation.

    (4) Notwithstanding anything to the contrary in the Burial and Cremation Act 1964 or any other enactment or in any rule of law, where the construction of the motorway requires the prior removal of any human remains from the said land, the Wellington City Council (in this subsection referred to as the Council) shall, with the concurrence of and at the expense of the National Roads Board, but subject to such directions as may be notified to it by the Minister of Health,—

    • (a) arrange for the excavation of any grave and the removal of any headstone, tablet, monument, or surround of any such grave, and provide for the re-erection or disposal in a respectful and fitting manner of any such headstone, tablet, monument, or surround in such manner as it may consider appropriate, having regard to such wishes as may have been made known to the Council by any relative or legal personal representative of the deceased person buried in the grave:

    • (b) arrange for the removal of the remains of any such deceased person and, having regard to such wishes as may have been made known to the Council by any surviving relative or legal personal representative of the deceased, cause the remains to be reinterred in a respectful and fitting manner in any part of the said land not required for the motorway or any cemetery under the control of the Corporation or in such other place as may be approved by the Minister of Health:

      provided that the Council, having regard to any wishes that the deceased person or any relative or legal personal representative of the deceased person may have expressed, may authorise the remains of that deceased person to be cremated:

    • (c) cause to be compiled as complete a record as practicable of the names of all persons whose remains are removed as aforesaid and of the names of the persons who were their next of kin at their deaths:

    • (d) cause to be designed and erected on any part of the said land not required for the motorway, or, if it is not practicable to do so, on any part of the cemetery adjacent to the said land, suitable memorials (including a memorial grave) inscribed with the names of the persons whose remains have been removed as aforesaid.

    (5) The land to which this section relates is more particularly described as follows:

    All that area of land in the Wellington Land District situated in the City of Wellington containing 5 acres and 28 perches, more or less, being part Lot 1 on Deposited Plan numbered 8370, being part Public Cemetery No 1 and part Church of England Cemetery No 2, and being part of the land comprised and described in certificate of title, Volume 403, folio 203, Wellington Land Registry; as more particularly shown on SO Plan 26952 lodged in the office of the Chief Surveyor at Wellington, and thereon coloured blue.

7 Validating certain Orders in Council under Milk Act 1944
  • Whereas under the Milk Act 1944 the Governor-General is authorised, by Order in Council, to constitute, unite, alter the boundaries of, and abolish milk districts, and to constitute and alter the Milk Authority for any milk district:

    And whereas by section 15(3) of the Local Government Commission Act 1961 it is provided that where a request or recommendation is made under any enactment other than that Act to the Governor-General asking for or recommending that any action be taken for the purpose of or with a view to giving effect to any proposal which could be provided for in a reorganisation scheme under that Act, the request or recommendation shall be referred to the Local Government Commission and no such action shall be taken under the enactment unless the Commission so recommends, and corresponding provisions formerly appeared in section 15(2) of the Local Government Commission Act 1953 and in section 24(1) of the Local Government Commission Act 1946:

    And whereas many Orders in Council have been made under the Milk Act 1944 making provision for matters that could have been provided for in a reorganisation scheme, but the provisions of section 15(3) of the Local Government Commission Act 1961, or, as the case required, the said corresponding former provisions, were not complied with:

    And whereas doubts have arisen as to the validity of those Orders in Council and it is expedient that they should be validated: Be it therefore enacted as follows:

    Every Order in Council under the Milk Act 1944 made before the passing of this Act making provision for any matter that could have been provided for in a reorganisation scheme under the Local Government Commission Act 1961 or, as the case may require, the Local Government Commission Act 1953 or the Local Government Commission Act 1946, which would have been valid if the provisions of section 15(3) of the Local Government Commission Act 1961 or, as the case may require, section 15(2) of the Local Government Commission Act 1953 or section 24(1) of the Local Government Commission Act 1946, had been complied with and the Local Government Commission had recommended that provision for that matter be made by Order in Council under the Milk Act 1944 is hereby validated and declared to have been lawfully made on and from the date of the making thereof.

8 Empowering certain local authorities to make grants to Societies for the Prevention of Cruelty to Animals
  • It shall be lawful and be deemed always to have been lawful for any County Council, Borough Council, or Town Council or the Waiheke Road Board to expend money out of its general fund or account to make grants to the bodies known as Societies for the Prevention of Cruelty to Animals.

9 Electricity Advisory Council Act 1962 repealed
  • The Electricity Advisory Council Act 1962 is hereby repealed.

10 Master and Apprentice Act 1908 repealed
  • (1) The enactments specified in Schedule 1 are hereby repealed.

    (2) The regulations specified in Schedule 2 are hereby revoked.


Schedule 1
Enactments repealed

s 10(1)

Crimes Act 1961 (1961 No 43)

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

Labour Department Act 1954 (1954 No 71) (1957 Reprint, Vol 6, p 836)

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

Master and Apprentice Act 1908 (1908 No 115) (1957 Reprint, Vol 9, p 409)

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

State Services Act 1962 (1962 No 132)

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

Statutes Amendment Act 1941 (1941 No 26) (1957 Reprint, Vol 9, pp 412 and 419; Vol 15, p 146)

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

War Legislation and Statute Law Amendment Act 1918 (1918 No 10) (1931 Reprint, Vol VIII, p 1078; 1957 Reprint, Vol 9, p 416)

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


Schedule 2
Regulations revoked

s 10(2)

Master and Apprentice Amendment Regulations 1937 (SR 1937/169)
Regulations under the Master and Apprentice Amendment Act 1920 made by Order in Council on 23 March 1925 (Gazette Vol I 1925, p 927)
Regulations under the same Act made by Order in Council on 19 December 1932 (Gazette Vol III 1932, p 2768)

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) 1967. The reprint incorporates all the amendments to the Act as at 12 May 1989, 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)
  • Finance Act (No 2) 1988 (1988 No 128): section 26

    Income Tax Act 1976 (1976 No 65): section 436(1)

    Finance Act 1976 (1976 No 24): section 6(5)

    Ombudsmen Act 1975 (1975 No 9): section 33(1)