Reprint as at 1 April 2008
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Inland Revenue Department.
Title
1 Short Title, commencement, etc
Part 1Interpretation
2 Interpretation
3 Meaning of the term instrument [Repealed]
4 Instruments written together, or relating to more than one transaction [Repealed]
5 Meaning of the term executed [Repealed]
6 [Repealed]
7 Meaning of the expression instrument of conveyance extended [Repealed]
8 Meaning of the term lease [Repealed]
9 Licence under Sale of Liquor Act 1989 deemed to be interest in land [Repealed]
Part 2Liability for stamp duty
10 Stamp duty payable [Repealed]
11 No stamp duty payable on certain instruments [Repealed]
12 No stamp duty payable on instruments conveying certain property [Repealed]
13 No stamp duty payable on instruments of conveyance to certain persons [Repealed]
14 No stamp duty payable on leases to certain persons [Repealed]
Conveyance duty
15 Conveyance duty [Repealed]
16 Conveyance by direction of intermediary [Repealed]
17 No conveyance duty payable on certain instruments of conveyance [Repealed]
18 No conveyance duty payable on certain surrenders of leases and conveyances to charities [Repealed]
19 No conveyance duty on instrument of conveyance executed pursuant to stamped agreement [Repealed]
20 No conveyance duty payable on more than one agreement in respect of the same transaction [Repealed]
21 No conveyance duty on agreement to convey if the instrument of conveyance executed pursuant to it is duly stamped [Repealed]
22 No conveyance duty payable on certain declarations of trust [Repealed]
22A [Repealed]
22B No conveyance duty payable on instrument of conveyance executed in respect of first farm [Repealed]
22C [Repealed]
23 Conveyance duty reduced if gift duty paid on conveyance [Repealed]
24 No conveyance duty payable in respect of conveyance of residential land [Repealed]
24A [Repealed]
25 Agreement to convey on behalf of company to be incorporated [Repealed]
Lease duty
26 Lease duty [Repealed]
27 Duty on lease including chattels, timber, minerals, or other property [Repealed]
28 [Repealed]
29 Duty on instruments increasing rent or other consideration under lease [Repealed]
30 No lease duty payable on lease executed pursuant to stamped agreement [Repealed]
31 No lease duty payable on more than one agreement to lease in respect of the same transaction [Repealed]
32 No lease duty payable on agreement to lease if the lease executed pursuant to it is duly stamped [Repealed]
33 Duty on leases providing for re-determination of rent [Repealed]
34 Lease duty reduced if gift duty payable on lease [Repealed]
35 No lease duty payable in respect of lease of residential land [Repealed]
Deed duty
36 [Repealed]
37 [Repealed]
Denoting duty
38 [Repealed]
39 [Repealed]
Part 3Valuation
40 Value of property as at date instrument executed [Repealed]
41 Valuation not to be less than value expressed in instrument [Repealed]
42 Valuation of land [Repealed]
43 Objections to special valuations of land [Repealed]
44 Valuing shares [Repealed]
45 Valuing property subject to a mortgage [Repealed]
46 Apportionment of value [Repealed]
47 Valuation of consideration [Repealed]
48 Valuation by Commissioner [Repealed]
Part 4Assessment and collection of stamp duty
49 Presentation for stamping [Repealed]
50 Time for presentation [Repealed]
51 [Repealed]
51A [Repealed]
52 Right of Commissioner to hold and impound instruments [Repealed]
53 Requirement that instrument be presented for stamping [Repealed]
54 Determination of liability for stamp duty [Repealed]
55 Notice of assessment [Repealed]
56 Assessment conclusive [Repealed]
57 Penalty for late presentation [Repealed]
58 Due date for payment of stamp duty [Repealed]
59 Penalty proportionately reduced on reduction of duty [Repealed]
60 Remission of penalties [Repealed]
61 Determination that instrument not liable denoted by impressed stamp [Repealed]
62 Payment of stamp duty denoted by impressed stamp [Repealed]
63 Payment of penalty denoted by impressed stamp [Repealed]
64 Use of prescribed stamp on certain instruments [Repealed]
65 Stamp duty constitutes a debt to the Crown [Repealed]
66 Persons liable for stamp duty [Repealed]
67 Refund of duty on revaluation of consideration in accordance with the outcome of a contingency [Repealed]
68 Refund of duty or penalty on application [Repealed]
69 Unstamped instruments inadmissible in evidence [Repealed]
70 Unstamped instruments ineligible for registration [Repealed]
71 Refunds payable out of Consolidated Account [Repealed]
71A Application of Parts 4A and 8A of Tax Administration Act 1994 [Repealed]
Part 5Objections to assessments
72 Objections to assessments [Repealed]
73 Objections against exercise of Commissioner's discretion [Repealed]
74 Stating case for High Court [Repealed]
74A Test case procedure [Repealed]
75 Removal of case into Court of Appeal [Repealed]
Part 6Cheque duty
76 Interpretation
77 Cheque duty payable
78 Rates of cheque duty
79 No cheque duty payable on certain bills
80 Exemption from cheque duty by agreement
81 Cheque duty payable by licensed banks
82 Cheque duty payable by licensed printers
83 Cheque duty payable by other licensees
84 Cheque duty payable otherwise than under a licence
85 Refund of cheque duty
86 Refunds payable out of Consolidated Account
Part 6ACredit card transaction duty
86A Interpretation [Repealed]
86B Credit card transaction duty payable [Repealed]
86C Rate of credit card transaction duty [Repealed]
86D Payment of credit card transaction duty [Repealed]
86E Interest on unpaid credit card transaction duty [Repealed]
Part 6BApproved issuer levy
86F Interpretation
86G Application to register securities
86H Registration of securities by Commissioner
86I Application of approved issuer levy and zero-rating
86J Approved issuer levy
86K Payment of approved issuer levy
86KA Payment of approved issuer levy in instalments
86L Refund of levy paid in error or in excess
86M Relief in cases of serious hardship [Repealed]
86N Offence to give false information [Repealed]
Part 7Miscellaneous offences
87 Time for laying informations [Repealed]
88 Offence to defraud Crown of duty or penalty payable under this Act [Repealed]
89 Offence to give false information [Repealed]
90 Offence to issue certain shares unless pursuant to duly stamped instrument of nomination [Repealed]
91 Offence to execute instrument of conveyance of shares unless transferee's name entered in instrument [Repealed]
92 [Repealed]
92A Offence to stamp instrument otherwise than by presentation except in certain cases [Repealed]
93 Principal officers of companies committing offences [Repealed]
94 Printing unauthorised inscriptions on bills of exchange [Repealed]
Part 8Miscellaneous provisions
95 Evidence inconsistent with instrument not admissible to reduce stamp duty [Repealed]
96 [Repealed]
97 [Repealed]
98 Duty recoverable by Commissioner in official name [Repealed]
99 Duty paid under repealed Act [Repealed]
99A Application of Part 9 of Tax Administration Act 1994
100 Consequential amendments
101 Repeals and revocations
Schedule 1Exempting enactments
Schedule 2Enactments amended
Schedule 3Enactments repealed
Reprint notes
An Act to consolidate and amend the law relating to stamp duties
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: