New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 21 December 2010
| Public Act | 1971 No 51 |
| Date of assent | 19 November 1971 |
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.
1 Short Title, commencement, etc
3 Meaning of the term instrument [Repealed]
4 Instruments written together, or relating to more than 1 transaction [Repealed]
5 Meaning of the term executed [Repealed]
6 Meaning of the term deed [Repealed]
7 Meaning of the expression instrument of conveyance extended [Repealed]
8 Meaning of the term lease [Repealed]
9 Licence under Sale of Liquor Act 1989 deemed to be interest in land [Repealed]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 2
Liability for stamp duty
[Repealed]
10 Stamp duty payable [Repealed]
11 No stamp duty payable on certain instruments [Repealed]
12 No stamp duty payable on instruments conveying certain property [Repealed]
13 No stamp duty payable on instruments of conveyance to certain persons [Repealed]
14 No stamp duty payable on leases to certain persons [Repealed]
15 Conveyance duty [Repealed]
16 Conveyance by direction of intermediary [Repealed]
17 No conveyance duty payable on certain instruments of conveyance [Repealed]
18 No conveyance duty payable on certain surrenders of leases and conveyances to charities [Repealed]
19 No conveyance duty on instrument of conveyance executed pursuant to stamped agreement [Repealed]
20 No conveyance duty payable on more than 1 agreement in respect of the same transaction [Repealed]
21 No conveyance duty on agreement to convey if the instrument of conveyance executed pursuant to it is duly stamped [Repealed]
22 No conveyance duty payable on certain declarations of trust [Repealed]
22A No conveyance duty payable on instrument of conveyance executed in respect of first home [Repealed]
22B No conveyance duty payable on instrument of conveyance executed in respect of first farm [Repealed]
22C No conveyance duty payable in respect of transactions relating to certain family homes [Repealed]
23 Conveyance duty reduced if gift duty paid on conveyance [Repealed]
24 No conveyance duty payable in respect of conveyance of residential land [Repealed]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 Conveyance duty reduced on instrument of conveyance of dwellinghouse [Repealed]
25 Agreement to convey on behalf of company to be incorporated [Repealed]
26 Lease duty [Repealed]
27 Duty on lease including chattels, timber, minerals, or other property [Repealed]
28 Lease duty to be computed on goodwill [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 1 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]
37 No deed duty payable on certain instruments [Repealed]
38 Denoting duty [Repealed]
39 No denoting duty payable on certain instruments [Repealed]
[Repealed]
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 4
Assessment and collection of stamp duty
[Repealed]
49 Presentation for stamping [Repealed]
50 Time for presentation [Repealed]
51 Stamping otherwise than by presentation [Repealed]
51A Composition by New Zealand Stock Exchange in respect of stamp duty on shares [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 5
Objections to assessments
[Repealed]
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]
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
86 Refunds payable out of Consolidated Account
Part 6A
Credit card transaction duty
[Repealed]
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]
86G Application to register securities
86H Registration of securities by Commissioner
86I Application of approved issuer levy and zero-rating
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]
[Repealed]
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 Offence for sharebroker not to send particulars of shares sold without instrument of transfer [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 8
Miscellaneous provisions
95 Evidence inconsistent with instrument not admissible to reduce stamp duty [Repealed]
96 Sharebroker may recover duty from purchaser of shares [Repealed]
97 Giving notices [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
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:
(1) This Act may be cited as the Stamp and Cheque Duties Act 1971.
(2) This Act shall come into force on 1 January 1972.
(3) This Act is hereby declared to be one of the Inland Revenue Acts within the meaning of the Tax Administration Act 1994.
In subsection (3) the former reference to the “Inland Revenue Department Act 1974”
was substituted, as from 1 January 1973, for the repealed “Inland Revenue Department Act 1952”
, and words have been omitted as impliedly repealed by section 49(1) Inland Revenue Department Act 1974 (1974 No 133).
Subsection (3) was further amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “Tax Administration Act 1994”
for the words “Inland Revenue Department Act 1974”
.
In this Act, unless the context otherwise requires,—
adhesive stamp
[Repealed]
Adhesive stamp: this definition was repealed, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2). See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
assessment
[Repealed]
Assessment: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
bill of exchange means a bill of exchange within the meaning of the Bills of Exchange Act 1908; and includes a promissory note within the meaning of that Act, other than a banknote
Board of Review
[Repealed]
Board of Review: this definition was repealed and replaced by a new definition of Taxation Review Authority.
Commissioner means the Commissioner of Inland Revenue as defined in the Tax Administration Act 1994
Commissioner: the former reference to the “Inland Revenue Department Act 1974”
, was substituted for the repealed “Inland Revenue Department Act 1952”
by section 49(1) Inland Revenue Department Act 1974 (1974 No 133).
Commissioner: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “Tax Administration Act 1994”
for the words “Inland Revenue Department Act 1974”
.
consideration
[Repealed]
Consideration: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
contract note
[Repealed]
Contract note: this definition was repealed, as from 17 March 1988, by section 7 Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
conveyance
[Repealed]
Conveyance: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
the Crown means Her Majesty in respect of the Government of New Zealand and its dependencies; and includes any officer of the Government acting in his official capacity; and, in relation to any deed or bill of exchange, also includes any public authority
impressed stamp
[Repealed]
Impressed stamp: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
instrument of agreement to convey
[Repealed]
Instrument of agreement to convey: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
instrument of assignment for the benefit of creditors
[Repealed]
Instrument of assignment for the benefit of creditors: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
instrument of declaration of trust
[Repealed]
Instrument of declaration of trust: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
instrument of nomination of shares
[Repealed]
Instrument of nomination of shares: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
insurance
[Repealed]
Insurance: this definition was repealed, as from 17 March 1988, by section 7 Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
land
[Repealed]
Land: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
local authority
[Repealed]
Local authority: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
mining right
[Repealed]
Mining right: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
mortgage
[Repealed]
Mortgage: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
partnership
[Repealed]
Partnership: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
penalty
[Repealed]
Penalty: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
property
[Repealed]
Property: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
public authority
[Repealed]
Public authority: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
rent
[Repealed]
Rent: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
shares
[Repealed]
Shares: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
shares in a flat or office owning company
[Repealed]
Shares in a flat or office owning company: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
stamp duty
[Repealed]
Stamp duty: this definition was repealed, as from 20 May 1999, by section 4 Stamp Duties Abolition Act 1999 (1999 No 61).
Taxation Review Authority, or Authority, means a Taxation Review Authority constituted under the Taxation Review Authorities Act 1994
Taxation Review Authority: this definition was substituted for the definition of the term Board of Review. In this definition references to a “Taxation Review Authority”
were substituted for references to a “Board of Review”
pursuant to section 50(2) Inland Revenue Department Act 1974. That Act, being the corresponding enactment in force, has been substituted for the repealed “Inland Revenue Department Amendment Act 1960”
. This definition was amended, as from 28 September 1993, by section 2 Stamp and Cheque Duties Amendment Act 1993 (1993 No 133) by inserting the words “, or Authority”
,
Taxation Review Authority: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “Taxation Review Authorities Act 1994”
for the words “Inland Revenue Department Act 1974”
.
transferable certificate of deposit
[Repealed]
Transferable certificate of deposit: this definition was inserted, as from 21 September 1972, by section 2(2) Stamp and Cheque Duty Amendment Act 1972 (1972 No 6), and amended by notice dated 9 March 1978, Gazette 1978, p 661, and by section 2(1) Stamp and Cheque Duties Amendment Act 1978 (1978 No 125). It was repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
Compare: 1952 No 51 ss 129(7), 129A(8); 1954 No 52 ss 2, 33A(1), 63, 78(2), (4), 87, 90(2), 94(1), (2), 99(1), 100(4), 105, 113(2), 120, 150(2), 152A; 1956 No 61 s 63; 1959 No 30 ss 67, 75(1); 1960 No 11 s 2(1); 1961 No 55 s 10; 1968 No 6 s 3
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Section 6 was repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Parts 2, 3, 4, and 7 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61). See section 2 of that Act as to the application of this amendment.
[Repealed]
Section 22A was inserted, as from 16 December 1977, by section 2 Stamp and Cheque Duties Amendment Act 1977 (1977 No 97), and repealed, as from 10 July 1981, by section 4(1) Stamp and Cheque Duties Amendment Act 1981 (1981 No 7). See also section 1(3) of that Act.
[Repealed]
Section 22C was inserted, as from 16 December 1977, by section 2 Stamp and Cheque Duties Amendment Act 1977 (1977 No 97), and repealed, as from 10 July 1981, by section 4(1) Stamp and Cheque Duties Amendment Act 1981 (1981 No 7). See also section 1(3) of that Act.
[Repealed]
Section 24A was inserted, as from 10 July 1981, by section 3(1) Stamp and Cheque Duties Amendment Act 1981 (1981 No 7), and repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Section 28 was repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Sections 36 and 37 were repealed, as from 17 March 1988, by section 6(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Sections 36 and 37 were repealed, as from 17 March 1988, by section 6(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Sections 38 & 39 were repealed, as from 17 March 1988, by section 6(2) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Sections 38 & 39 were repealed, as from 17 March 1988, by section 6(2) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
[Repealed]
[Repealed]
Section 51 was repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Section 51A was inserted, as from 16 December 1977, by section 4(1) Stamp and Cheque Duties Amendment Act 1977 (1977 No 97), and repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Section 57 was repealed by section 7 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(3) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Section 59 was repealed by section 9 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Section 60 was repealed by section 10 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Part 5 (comprising sections 72 to 75) was repealed, as from 1 October 1996, by section 14(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60). See section 14(2) and (3) of that Act as to the transitional provisions. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Part 5 (comprising sections 72 to 75) was repealed, as from 1 October 1996, by section 14(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60). See section 14(2) and (3) of that Act as to the transitional provisions. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Part 5 (comprising sections 72 to 75) was repealed, as from 1 October 1996, by section 14(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60). See section 14(2) and (3) of that Act as to the transitional provisions. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Part 5 (comprising sections 72 to 75) was repealed, as from 1 October 1996, by section 14(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60). See section 14(2) and (3) of that Act as to the transitional provisions. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Part 5 (comprising sections 72 to 75) was repealed, as from 1 October 1996, by section 14(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60). See section 14(2) and (3) of that Act as to the transitional provisions. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Part 5 (comprising sections 72 to 75) was repealed, as from 1 October 1996, by section 14(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60). See section 14(2) and (3) of that Act as to the transitional provisions. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
In this Part, unless the context otherwise requires,—
bank means any person, firm, or corporation, carrying on the business of banking
printer means any person, firm, or corporation, engaged in printing
quarter means a period of 3 consecutive calendar months in any year ending with the last day of March, June, September, or December.
Compare: 1954 No 52 s 120
(1) Unless otherwise provided by this Act, or by or pursuant to any enactment mentioned in Schedule 1, or by any local or private Act, cheque duty shall be paid to the Crown on every bill of exchange made or drawn after the commencement of this Act.
(2) For the purposes of this section, the expression stamp duty when used in any Act mentioned in Schedule 1, or in any local or private Act in force before the commencement of this Act, shall, unless the context otherwise requires, include cheque duty.
Compare: 1954 No 52 ss 2, 39, 121; 1967 No 3 s 5(1)
(1) Cheque duty shall be computed at the rate of 5 cents per bill of exchange.
(2) Cheque duty prepaid on bill of exchange forms under section 81, section 82, or section 83 shall be computed at the rate of 5 cents per form.
Section 78 was substituted, as from 4 July 1980, by section 2 Stamp and Cheque Duties Amendment Act 1980 (1980 No 3).
(1) No cheque duty shall be payable on any of the following bills of exchange—
(a) a bill of exchange drawn or made by any person acting on behalf of the Crown other than a person to whom section 80 applies:
(b) [Repealed]
(ba) a bill of exchange drawn or made under the National Provident Fund Act 1950:
(c) a bill of exchange drawn or made by or on behalf of the trustees of a war fund subject to the War Funds Act 1915:
(d) a bill of exchange drawn or made by or on behalf of the New Zealand Council of Organisations for Relief Service Overseas:
(e) [Repealed]
(f) a bill of exchange drawn or made by or on behalf of any Provincial Patriotic Council, or any Welfare Committee, for the purposes of the Patriotic and Canteen Funds Act 1947:
(g) a bill of exchange drawn or made by or on behalf of a friendly society, or any branch of a friendly society, or any credit union, in each case registered or deemed to be registered under the Friendly Societies and Credit Unions Act 1982, and in accordance with that Act or the rules of the society or branch or credit union:
(h) a bill of exchange drawn or made by or on behalf of an industrial and provident society registered under the Industrial and Provident Societies Act 1908, and in accordance with that Act, or the rules of the society:
(i) [Repealed]
(j) any coupon issued by any Electric Power Board under the Electric Power Boards Act 1925, or by any Railway Board under the Local Railways Act 1914.
(2) No cheque duty shall be payable on any overseas bill of exchange drawn or made in favour of any person mentioned in subsection (1), if, had the bill of exchange been drawn or made by that person, no cheque duty would have been payable on it by virtue of that subsection.
(3) If in accordance with the custom of merchants or bankers any bill of exchange is drawn in a set, and one of the set is duly stamped, the other or others of the set, unless issued or in some manner negotiated apart from the one stamped, shall not be liable to cheque duty.
Compare: 1908 No 81 s 9(c)(iv); 1909 No 12 s 98(1)(b); 1914 No 32 s 94; 1925 No 38 s 115; 1947 No 63 s 45(1); 1954 No 52 ss 38, 127, 131(a), (b), (c), (d); 1956 No 63 s 129; 1959 No 30 s 134
Subsection (1)(b) was repealed, as from 19 December 1989, by section 5 Stamp and Cheque Duties Amendment Act 1989 (1989 No 154).
Subsection (1)(ba) was inserted, as from 9 December 1976, by section 3 Stamp and Cheque Duties Amendment Act 1976 (1976 No 120).
Subsection (1)(e) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Subsection (1)(f) was amended, as from 1 October 1987, by section 5 Stamp and Cheque Duties Amendment Act 1988 (1988 No 8) by substituting the words “the Patriotic and Canteen Funds Board”
for the words “the New Zealand Patriotic Fund Board, the Canteen Fund Board”
.
Subsection (1)(f) was amended, as from 17 May 2005, by section 23 Patriotic and Canteen Funds Amendment Act 2005 (2005 No 65) by omitting the words “the Patriotic and Canteen Funds Board,”
.
Subsection (1)(g) was substituted, as from 1 April 1983, by section 6(1) Stamp and Cheque Duties Amendment Act 1983 (1983 No 39).
Subsection 1(i) was repealed, as from 1 April 1987, by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117).
Subsection (2) was substituted, as from 21 September 1972, by section 7 Stamp and Cheque Duties Amendment Act 1972 (1972 No 6).
(1) This section shall apply to—
(a) Public Trust when acting otherwise than on behalf of the Crown:
(b) Tower Corporation:
(c) State Insurance Limited:
(d) Housing New Zealand Corporation:
(e) the Accident Compensation Corporation:
(f) [Repealed]
(g) [Repealed]
(2) The Commissioner may by written agreement with any person to whom this section applies exempt from cheque duty all bills of exchange drawn or made on behalf of that person.
(3) In consideration of any agreement made by the Commissioner under this section, the other party to the agreement shall pay to the Crown by way of composition a sum equivalent to the cheque duty which would, were it not for the agreement and this section, be payable.
(4) Every sum payable by way of composition under this section shall constitute a debt payable to the Crown by the party to the agreement other than the Commissioner, and shall be due on such dates as shall be specified in the agreement.
(5) Any agreement under this section may be terminated by 1 month's notice in writing given by either party. After termination, cheque duty shall be payable on all bills of exchange which would, were it not for the termination of the agreement, be exempt.
Compare: 1954 No 52 ss 129, 130(2); 1965 No 47 s 42
Subsection (1)(a) was amended, as from 1 March 2002, by section 170(1) Public Trust Act (2001 No 100) by substituting the words “Public Trust”
for the words “The Public Trustee”
. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
In subsection (1)(b) the reference to the “Tower Corporation”
was substituted for a reference to the “Government Life Insurance Corporation”
pursuant to section 31(5) Tower Corporation Act 1990 (1990 No 2 (P)). The reference to “The Government Life Insurance Corporation”
had earlier been substituted for a reference to “The Government Insurance Commissioner”
by section 34(3) Government Life Insurance Corporation Act 1987 (1987 No 70).
In subsection (1)(c) the reference to the “State Insurance Limited”
was substituted for a reference to the “State Insurance General Manager”
pursuant to section 7(a) State Insurance Act 1990 (1990 No 36).
Subsection (1)(d) was substituted, as from 14 October 1974, by section 50(1) Housing Corporation Act 1974 (1974 No 19).
Subsection (1)(d) was amended, as from 1 July 2001, by section 24(1) Housing Corporation Amendment Act 2001 (2001 No 37) by substituting the words “Housing New Zealand Corporation”
for the words “The Housing Corporation of New Zealand”
.
Subsection (1)(e) was inserted by section 42(3) Accident Compensation Act 1972. The reference to the “Accident Rehabilitation and Compensation Insurance Corporation”
was substituted for a reference to the “Accident Compensation Corporation”
(as substituted for a reference to the “Accident Compensation Commission”
by section 122(8) Accident Compensation Act 1982 (1982 No 181)) pursuant to section 161 Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13).
Subsection (1)(e) was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114).
Subsection (1)(f) was inserted, as from 1 April 1974, by section 50 Rural Banking and Finance Corporation Act 1974 (1974 No 3), and repealed, as from 31 October 1989, by section 21(1) Rural Banking and Finance Corporation Act 1989 (1989 No 81).
Subsection (1)(g) was inserted by section 31(2) New Zealand Superannuation Act 1974 (1974 No 41), and repealed, as from 6 August 1976, by section 11(3) Superannuation Schemes Act 1976 (1976 No 3).
(1) The Commissioner may, on application by the General Manager for New Zealand of any bank, grant to the bank a licence to supply to its customers or to procure on its own behalf bill of exchange forms prepaid with cheque duty in accordance with this section.
(2) The grant of a licence to a bank under this section shall be subject to such other conditions as may be required by the Commissioner who may at any time and from time to time, by notice in writing to the bank, amend those conditions.
(3) Within 21 days after the expiry of each quarter, every bank that at any time during the quarter was a licensed bank shall forward to the Commissioner a statement in the form prescribed by the Commissioner containing particulars of all bill of exchange forms prepaid with cheque duty supplied to its customers or procured on its own behalf during that quarter. The statement shall contain particulars of all prepaid forms that have not been used and have been destroyed by the bank during that quarter, or that have been defaced or spoiled after issue but before being further acted on and that have been destroyed by the bank during that quarter.
(4) Every statement sent to the Commissioner under subsection (3) shall be verified by the signature of the General Manager, the Accountant, or any other senior administrative officer of the head office of the bank in New Zealand, and shall be accompanied by the amount of cheque duty payable for the quarter to which the statement relates, less the amount of duty that has been paid for prepaid forms that have been destroyed by the bank during the quarter and particulars of which are contained in the statement.
(5) The Commissioner may, by giving 3 months' notice in writing forwarded by registered post to the General Manager for New Zealand of any bank licensed under this section, cancel the licence granted to that bank, and on the expiry of the 3 months which shall commence from the date on which the notice was posted, the licence held by that bank shall be cancelled and cease to have any force or effect.
(6) [Repealed]
Subsection (6) was repealed by section 15 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
(1) The Commissioner may, on application by any printer, and on receiving such security as the Commissioner may from time to time require, grant to the printer a licence to print for the use of customers or on the printer's own behalf bill of exchange forms prepaid with cheque duty in accordance with this section.
(2) The grant of a licence to a printer under this section shall be subject to such conditions as may be required by the Commissioner who may at any time and from time to time by notice in writing to the printer, amend those conditions.
(3) Within 21 days after the last day of each month, every printer licensed under this section shall forward to the Commissioner a statement in the form prescribed by the Commissioner. The statement shall contain particulars of all forms prepaid with cheque duty printed for the use of customers or on the printer's own behalf during that month, and shall be accompanied by the amount of cheque duty (if any) payable for that month.
(4) The Commissioner may by giving 7 days' notice in writing forwarded by registered post to any printer licensed under this section cancel the licence granted to that printer, and on the expiry of the 7 days which shall commence from the date on which the notice was posted, the licence shall be cancelled and cease to have any force or effect.
(5) If a licence granted to any printer is cancelled, the printer shall, within 7 days after the cancellation, forward a statement to the Commissioner giving particulars of all forms prepaid with cheque duty which have been printed for the use of customers or on the printer's own behalf, and in respect of which no statement has been forwarded to the Commissioner in accordance with subsection (3), together with the amount of cheque duty payable for those prepaid forms.
(6) [Repealed]
Subsection (6) was repealed by section 16 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
(1) The Commissioner may, on application in the form prescribed by him for the purpose which shall be accompanied by the cheque duty payable, grant any person a licence, or may renew or extend any licence already granted, authorising the printing and use of bill of exchange forms prepaid with cheque duty.
(2) On the grant of a licence, or the renewal or extension of a licence, the Commissioner shall issue to the printer nominated by the applicant an authority, in such form as shall be prescribed by the Commissioner, to print the prepaid forms to which the licence relates.
(3) The grant of a licence to any person under this section, and the authority to the printer to print the prepaid forms, shall be subject to such conditions as may be required by the Commissioner.
(4) [Repealed]
Subsection (4) was repealed by section 17 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
(1) This section applies to all bills of exchange for which cheque duty has not been prepaid in accordance with section 81, or section 82, or section 83.
(2) In this section,—
duly stamped means stamped by—
(a) affixing a postage stamp or stamps on the face of the bill of exchange for the amount of the cheque duty payable on the bill; and
(b) effectively cancelling each postage stamp so as to render it incapable of being used again; and
(c) stating on the bill the true date of cancellation
postage stamp has the same meaning as in section 2(1) of the Postal Services Act 1998.
(3) A bill of exchange drawn or made in New Zealand shall be duly stamped by the drawer or maker of the bill before he delivers it out of his hands.
(4) Subject to subsection (2) of section 79, a bill of exchange drawn or made out of New Zealand shall be duly stamped by the first holder of the bill in New Zealand before he presents it for acceptance or payment, or endorses, or transfers, or in any manner negotiates it.
(5) A bill of exchange which comes into the hands of any person before it has been duly stamped shall be duly stamped by that person before he presents it for payment, or endorses, or transfers, or otherwise negotiates it, or accepts it, or pays it; but no person shall thereby be relieved from liability for any offence committed by him against any provision of this Act in respect of that bill:
Provided that a bill of exchange which is drawn or made in New Zealand and bears on its face a printed inscription indicating that the bill is exempt from cheque duty or that cheque duty has been paid shall be deemed to be duly stamped for the purposes of this subsection unless the person into whose hands the bill comes has reason to believe that the bill is not exempt from cheque duty, or that the cheque duty purporting to have been paid has not been paid.
(6) If a bill of exchange, to which the appropriate postage stamp is affixed, is held in good faith by a holder without notice of the stamp having been affixed otherwise than in accordance with this section, the bill of exchange shall, so far as it relates to the holder, be deemed to be duly stamped.
(7) No bill of exchange shall be noted or protested by any notary public or other person unless it appears to be duly stamped.
(8) For the purposes of subsection (6), notice of an omission by any person to cancel a stamp in the due manner shall not be notice of a breach of this section if the holder cancels the stamp as soon as the bill comes into his hands.
(9) [Repealed]
Compare: 1954 No 52 ss 122, 123, 124, 125, 126, 128
Subsection (2) was substituted, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2). See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
Subsection (6) was amended, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2) by substituting the word “postage”
for the word “adhesive”
. See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
Subsection (9) was amended, as from 1 January 1978, by section 5 Stamp and Cheque Duties Amendment Act 1977 (1977 No 97) by substituting the expression “$500”
for the expression “$200”
.
Subsection (9) was repealed by section 18 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
(1) If the Commissioner is satisfied—
(a) that any bill of exchange forms for which cheque duty has been prepaid otherwise than under section 81 have not been used; or
(b) that any bill of exchange forms for which cheque duty has been prepaid under section 83 have not been printed; or
(c) that any bills of exchange for which cheque duty has been paid have been spoiled, defaced, lost, or destroyed after issue but before being further acted on,—
he may, on application made in writing within 8 years after the date of payment of the duty, and accompanied by the bill of exchange forms, or the licence and the authority to print, or the bills of exchange, or such evidence as he thinks sufficient of their loss or destruction, refund the duty to the person entitled to it; but no refund shall be made if the duty amounts to less than $1.
(2) A refund under subsection (1) must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994.
Compare: 1954 No 52 s 6
Section 85 was amended, by section 82 Taxation (Simplification and Other Remedial Matters) Act 1998 (1998 No 101), by renumbering the existing provision as subsection (1) and inserting subsection (2), with application to refunds of cheque duty arising on and after 1 April 2000.
All money payable by way of refunding any cheque duty shall be paid out of the Crown Bank Account without further appropriation than this section.
In section 86 the reference to the “Consolidated Account”
was substituted for a reference to the “Consolidated Revenue Account”
pursuant to section 114(6) Public Finance Act 1977 (1977 No 65). The reference to the “Crown Bank Account”
was substituted for a reference to the “Consolidated Account”
pursuant to section 83(7) Public Finance Act 1989 (1989 No 44).
[Repealed]
Part 6A (comprising sections 86A–86E) was repealed, as from 1 April 1998, by section 56(1) Taxation (Remedial Provisions) Act 1998 (1998 No 7). See also section 56(2) of that Act as to this Part continuing to apply to transactions occurring before 1 April 1998.
[Repealed]
Part 6A (comprising sections 86A–86E) was repealed, as from 1 April 1998, by section 56(1) Taxation (Remedial Provisions) Act 1998 (1998 No 7). See also section 56(2) of that Act as to this Part continuing to apply to transactions occurring before 1 April 1998.
[Repealed]
Part 6A (comprising sections 86A–86E) was repealed, as from 1 April 1998, by section 56(1) Taxation (Remedial Provisions) Act 1998 (1998 No 7). See also section 56(2) of that Act as to this Part continuing to apply to transactions occurring before 1 April 1998.
[Repealed]
Part 6A (comprising sections 86A–86E) was repealed, as from 1 April 1998, by section 56(1) Taxation (Remedial Provisions) Act 1998 (1998 No 7). See also section 56(2) of that Act as to this Part continuing to apply to transactions occurring before 1 April 1998.
[Repealed]
Part 6A (comprising sections 86A–86E) was repealed, as from 1 April 1998, by section 56(1) Taxation (Remedial Provisions) Act 1998 (1998 No 7). See also section 56(2) of that Act as to this Part continuing to apply to transactions occurring before 1 April 1998.
[Repealed]
Section 86E was repealed by section 20 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
Part 6A (comprising sections 86A–86E) was repealed, as from 1 April 1998, by section 56(1) Taxation (Remedial Provisions) Act 1998 (1998 No 7). See also section 56(2) of that Act as to this Part continuing to apply to transactions occurring before 1 April 1998.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
In this Part, unless the context otherwise requires,—
approved issuer has the meaning assigned to that term by section YA 1 of the Income Tax Act 2007
approved issuer levy means the levy referred to in section 86J
interest has the meaning assigned to that term by paragraphs (a) and (b) of the definition of interest in section YA 1 of the Income Tax Act 2007 for the purposes of the NRWT rules of that Act
leviable value means, in respect of any registered security at the time of any payment of interest in respect of that registered security, the amount of that payment of interest
money lent has the meaning assigned to that term by section YA 1 of the Income Tax Act 2007; and money lending has a corresponding meaning
paid and payment each has the meaning corresponding to paragraph (a) of the definition of pay in section YA 1 of the Income Tax Act 2007
registered security means at any time any transaction involving money lent to an approved issuer that is—
(a) registered by the Commissioner under section 86H on the application of the approved issuer; or
(b) one of a class of transactions so registered.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
Section 86F approved issuer: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Approved issuer: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “section OB 1 of the Income Tax Act 1994”
for the words “section 309(1) of the Income Tax Act 1976”
.
Approved issuer: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
Section 86F interest: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Interest: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “paragraphs (a) and (d) of the definition of interest in section OB 1 of the Income Tax Act 1994 for the purposes of the NRWT rules of that Act”
for the words “sections 2 and 309(1) of the Income Tax Act 1976 of the purposes of Part 9 of that Act”
.
Interest: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “and (c) of the definition of interest in section OB 1 of the Income Tax Act 2004”
for the words “and (d) of the definition of interest in section OB 1 of the Income Tax Act 1994”
.
Section 86F money lent: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Money lent: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “section OB 1 of the Income Tax Act 1994”
for the words “section 2 of the Income Tax Act 1976”
.
Money lent: this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004”
for the words “Income Tax Act 1994”
.
Section 86F paid and payment: amended (with effect on 1 April 2008), on 6 October 2009, by section 858(2) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 86F paid and payment: amended (with effect on 1 April 2005), on 6 October 2009, by section 858(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
Section 86F paid and payment: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
Paid: this definition was amended, as from 1 April 1995, by section YB 1 Income Tax Act 1994 (1994 No 164) by substituting the words “paragraph (e) of the definition of paid in section OB 1 of the Income Tax Act 1994”
for the words “section 309(1) of the Income Tax Act 1976”
.
Paid: this definition was substituted, as from 1 April 2005, by Ysection A 2 Income Tax Act 2004 (2004 No 35).
Any approved issuer may apply to the Commissioner, in writing and in such form as the Commissioner may approve, for registration of—
(a) any transaction involving money lent to that approved issuer; or
(b) any class of transactions involving money lent to that approved issuer—
as a registered security or registered securities for the purposes of this Part.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
(1) Where—
(a) the Commissioner has received from any approved issuer any duly completed application for registration in accordance with section 86G; and
(b) except in any case where the Government of New Zealand is the approved issuer, the Commissioner is satisfied that the money lent or to be lent under the transaction or class of transactions in respect of which registration is sought was or is to be lent on or after 1 August 1991,—
the Commissioner shall, within 20 working days after receipt of the application and by notice in writing,—
(c) register the relevant transaction or class of transactions for the purposes of this Part; and
(d) notify the approved issuer of that registration.
(2) Registration of any transaction or class of transactions under this section shall take effect from the date upon which the Commissioner received the duly completed application for registration made by the approved issuer in accordance with section 86G.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
(1) This section applies for the purposes of—
(a) the NRWT rules of the Income Tax Act 2007:
(b) an exemption under a double tax agreement:
(c) section 86J.
(2) Despite the NRWT rules, a payment of interest under a registered security is treated as paid by an approved issuer only to the extent to which—
(a) approved issuer levy in relation to the security is paid by or on behalf of the approved issuer; and
(b) the amount of the levy, based on the leviable value of the registered security at the time of the payment of the interest, is paid—
(i) at the rate set out in section 86J; and
(ii) by the date set out in section 86K or 86KA or, subject to the payment of interest or penalties imposed under Part 7 or 9 of the Tax Administration Act 1994, by a later date.
Section 86I: substituted (with effect on 1 August 2010), on 21 December 2010, by section 182 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
Approved issuer levy shall be computed in respect of any registered security at any time at the rate of 2 cents for every $1 of the leviable value of the registered security at that time.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
(1) Any approved issuer or person on behalf of an approved issuer making payment of any amount of approved issuer levy in relation to any payment of interest made in respect of a registered security during any month shall make payment of such amount to the Commissioner not later than—
(a) the 14th day of the following month, where the levy is paid in relation to payments of interest made before 1 June 1992:
(b) the 20th day of the following month, where the levy is paid in relation to payments of interest made on or after 1 June 1992.
(2) Any payment by a person of approved issuer levy shall be accompanied by a statement in such form as the Commissioner may approve showing such particulars as the Commissioner may prescribe in relation to—
(a) the payments of interest in respect of which the levy is paid:
(b) the approved issuer or issuers of the registered security or securities in respect of which the payments of interest were made:
(c) the registered security or securities in respect of which the payments of interest were made:
(d) the computation of the amount of approved issuer levy.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
Subsection (1) was amended by section 73(1) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4) by substituting the words “Any approved issuer or person on behalf of an approved issuer”
for the words “Any approved issuer”
, with application as from 1 August 1991.
(1) If, for a tax year, a person estimates that they will not be required to make approved issuer levy payments that total $500 or more, the person may pay the levy to the Commissioner in 2 instalments.
(2) The first instalment is—
(a) the total of all approved issuer levy payments required by or on behalf of an approved issuer during the period 1 April to 30 September (both dates inclusive); and
(b) due and payable on 20 October of the year.
(3) The second instalment is—
(a) the total of all approved issuer levy payments required by or on behalf of an approved issuer during the period 1 October to 31 March (both dates inclusive); and
(b) due and payable on 20 April of the following year.
(4) If the $500 total is reached at any time during a tax year, a person must—
(a) pay to the Commissioner all approved issuer levy payments owed by the person for the period from the beginning of the year until the end of the month in which the $500 total is reached:
(b) pay the amount required by paragraph (a) no later than the 20th of the month following the month in which the $500 total is reached:
(c) pay approved issuer levy payments for the rest of the year in accordance with section 86K(1)(b).
(5) If a person is no longer required to pay the approved issuer levy, the person must—
(a) pay to the Commissioner all approved issuer levy payments due and not paid:
(b) pay the amount required by paragraph (a) no later than the 20th of the month following the month in which the person stops being required to pay the levy.
(6) Payments made in accordance with this section must be accompanied by a statement that meets the requirements of section 86K(2).
Section 86KA was inserted by section 74(1) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4) with application as from 27 March 2001.
Subsection (1) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “a tax year”
for the words “an income year”
.
Subsection (4) was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “a tax year”
for the words “an income year”
.
(1) Where, at any time within 8 years after the date of payment, or if application for the refund is made in writing within that period, the Commissioner is satisfied that any amount of approved issuer levy has been paid in error or excess, the Commissioner may refund the amount paid in error or the excess to the person entitled.
(1A) A refund under subsection (1) must be made in accordance with the requirements of section 184A of the Tax Administration Act 1994.
(2) For the purposes of the NRWT rules of the Income Tax Act 2007 or an exemption under a double tax agreement, as applicable, if an amount is refunded under subsection (1), the payment of interest to which the approved issuer levy relates is treated as not having been paid by an approved issuer in relation to a registered security.
(3) All money payable by the Commissioner under this section by way of refund of levy shall be paid without further appropriation than this section.
Part 6B (comprising sections 86F to 86N) was inserted, as from 1 August 1991, by section 2 Stamp and Cheque Duties Amendment Act (No 2) 1991 (1991 No 76).
Subsection (1A) was inserted by section 83 Taxation (Simplification and Other Remedial Matters) Act 1998 (1998 No 101) with application top levies paid in error or in excess on and after 1 April 2000.
Section 86L(2): substituted (with effect on 1 August 2010), on 21 December 2010, by section 183 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).
[Repealed]
Section 86M was repealed by section 75(1) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 (2001 No 4) with application as from 27 March 2001.
[Repealed]
Section 86N was repealed by section 21 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
[Repealed]
Sections 87 to 89, 90(2), 91(3) and 92A to 94 were repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Sections 87 to 89, 90(2), 91(3) and 92A to 94 were repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Sections 87 to 89, 90(2), 91(3) and 92A to 94 were repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Subsection (2) was repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
Parts 2, 3, 4, and 7 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61). See section 2 of that Act as to the application of this amendment.
[Repealed]
Subsection (3) was repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
Parts 2, 3, 4, and 7 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61). See section 2 of that Act as to the application of this amendment.
[Repealed]
Section 92 was repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Sections 87 to 89, 90(2), 91(3) and 92A to 94 were repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Sections 87 to 89, 90(2), 91(3) and 92A to 94 were repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Sections 87 to 89, 90(2), 91(3) and 92A to 94 were repealed by section 22(1) Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Section 95 was repealed by section 23 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
[Repealed]
Section 96 was repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
[Repealed]
Section 97 was repealed, as from 1 April 1981, by section 8(2) Inland Revenue Department Amendment Act 1980 (1980 No 32).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
[Repealed]
Sections 3 to 9, 98 and 99 were repealed, as from 20 May 1999, by section 5 Stamp Duty Abolition Act 1999 (1999 No 61).
Part 9 of the Tax Administration Act 1994 applies with respect to offences committed in relation to this Act on or after 1 April 1997.
Section 99A was inserted by section 24 Stamp and Cheque Duties Amendment Act 1996 (1996 No 60) with application, as from 1 April 1997, to tax obligations, liabilities, and rights that are to be performed under or arise in respect of: (a) Every instrument of conveyance executed; and (b) Every bill of exchange made, drawn, or prepaid under section 81 or section 82 or section 83 of the principal Act; and (c) Every liable transaction entered into. See section 1(4) of that Act as to the application of this amendment in relation to other provisions of this Act.
The enactments specified in Schedule 2 are hereby consequentially amended in the manner indicated in that Schedule.
(1) The enactments specified in Schedule 3 are hereby repealed.
(2) The following regulations are hereby revoked:
(a) the National Expenditure Adjustment (Stamp Duty) Regulations 1932:
(b) [Repealed]
(c) [Repealed]
(d) the Emergency Forces Stamp Duty Regulations 1951:
(e) the Stamp Duties Regulations 1967.
Subsection (2)(b) and (c) were repealed, as from 1 August 1991, by section 2(1) Rehabilitation Act Repeal Act 1991 (1991 No 80).
Schedule 1 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Maori Trustee Act 1953, section 41F: impliedly repealed, as from 14 December 1976, by section 24(4)(a) Maori Purposes Act 1976 (1976 No 148).
Securities Transfer Act 1977: inserted, as from 28 August 1977, by section 6(2) Securities Transfer Act 1977 (1977 No 20), and omitted, as from 9 December 1991, by section 11 Securities Transfer Act 1991 (1991 No 119)
Superannuation Schemes Act 1976: inserted, as from 6 August 1976, by section 11(3) Superannuation Schemes Act 1976 (1976 No 3), and omitted, as from 22 March 1989, by section 32(3) Superannuation Schemes Act 1989 (1989 No 10).
Schedule 2 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Child Welfare Act 1925 (1925 No 22): repealed, as from 1 April 1975, by section 109 Children and Young Persons Act 1974 (No 72).
Companies Act 1955 (1955 No 63): repealed, as from 6 December 1983, by section 26(C) Companies Amendment Act 1983 (1983 No 52), and section 4(1) Companies Amendment Act 1980 (1980 No 43) (impliedly).
Estate and Gift Duties Act 1968 (1968 No 35): repealed, as from 13 March 1992, by section 2(2)(a) Estate and Gift Duties Amendment Act 1992 (1992 No 3).
Finance Act 1949 (1949 No 39): repealed, as from 1 April 1978, by section 163(1) Public Finance Act 1977 (1977 No 65).
Maori Affairs Act 1953 (1953 No 94): repealed, as from 1 July 1993, by section 362(2) Te Ture Whenua Maori Act 1993 (1993 No 4).
Mortgagors and Lessees Rehabilitation Act 1936 (1936 No 33), Wages Protection and Contractors' Liens Act 1939 (1939 No 27), the Rural Housing Act 1939 (1939 No 32), and the Post Office Act 1959 (1959 No 30): repealed, as from 17 March 1988, by section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 (1988 No 16).
Public Works Act 1978: repealed, as from 1 January 1973, by section 8(1) Counties Amendment Act 1972 (1972 No 132).
Rehabilitation Act 1941 (1941 No 25): repealed, as from 1 August 1991, by section 2(1) Rehabilitation Act Repeal Act 1991 (1991 No 80).
Schedule 3 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Vocational Training Council Act 1968: omitted, as from 16 November 1982, by section 50 Vocational Training Council Act 1982 (1982 No 54).
Mining Act 1971: omitted by section 362 Resource Management Act 1991 (1991 No 69).
The Earthquake and War Damage Act 1944 was repealed, as from 1 January 1994, by section 39(1) Earthquake Commission Act 1993 (1993 No 84).
| Public Act | 2009 No 34 |
| Date of assent | 6 October 2009 |
| Commencement | see section 2 |
(1) This Act comes into force on the day on which it receives the Royal assent, except as provided in this section.
(2) Sections 74, 108, 319, 320, 322, 323, 502, 510, 546, 549, 557(26), (45), (53), (132), (145), and (147), 605(1), and (3), 606, 610, 682, 862, and 863 are treated as coming into force 3 months after this Act receives the Royal assent.
(3) Section 704(5) is treated as coming into force—
(a) in relation to the Parliamentary Service, on 1 October 1986:
(b) in relation to the Office of the Clerk of the House of Representatives, on 1 August 1988.
(4) Section 855 is treated as coming into force on 1 April 1993.
(5) Section 850 is treated as coming into force on 1 April 1995.
(6) Sections 851 and 860 are treated as coming into force on 1 April 1997.
(7) Sections 847, 848, 849, 852, 853, 854, and 856 are treated as coming into force on 1 October 2001.
(8) Sections 628(1), 646(1) and (4), 647(1), (3), and (6), 712, 735, 736, 738, 741, 742, 743, 746, 747, 748, 749, 750, 751, 754, 759, 760, 761, 764(2), 767, 769, 770, 771, 772, 773, 789(2) and (4), 832, 844(2), (9), (15), (23), (25), (31), and (33), 845, 858(1) and (3), and 864 are treated as coming into force on 1 April 2005.
(9) Section 647(2) is treated as coming into force on 1 October 2005.
(10) Sections 744, 768, and 844(3), (13), (14), (22), and (32) are treated as coming into force on 1 April 2006.
(11) Sections 646(2) and 647(4) are treated as coming into force on 3 April 2006.
(12) Sections 706, 739, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789(1) and (3), 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 819(2), 841, and 844(8), (11), (18), (21), and (35) are treated as coming into force on 1 April 2007.
(13) Section 684 is treated as coming into force on 17 May 2007.
(14) Sections 720, 731, 733(2) and (4), and 844(6) and (17) are treated as coming into force on 1 July 2007.
(15) Sections 612, 625, 675, 677, 756, 808, 809, 811, 812, 813, 814, 815, 816, 817, 818, 819(1), 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 833, 834, 835, 836, 837, 838, 839, 840, 842, 843, and 844(26) are treated as coming into force on 1 October 2007.
(16) Section 764(1) and (3) is treated as coming into force on 1 December 2007.
(17) Sections 638(2), 757, 830, and 831 are treated as coming into force on 19 December 2007.
(18) Section 758 is treated as coming into force on 1 January 2008.
(19) Section 737, 740, 755, 762, 790, 791, 792, 803, 804, 805, 806, 807, 810, and 844(4), (5), (7), (10), (12), (16), and (27) to (30) are treated as coming into force on 25 February 2008.
(20) Section 763 is treated as coming into force on 4 March 2008.
(21) Sections 5(1), (2), (4), (5), and (7), 11, 12, 15(1)(b), 16, 18, 19(1), (2), (3) and (5), 20(3), 24, 25, 26, 32, 34, 35, 36, 37, 38, 41(1) and (2), 42, 43, 44, 45, 47, 48, 52, 53, 54, 56(1) and (4), 60, 62, 68, 72, 73(3), 76, 81, 82, 83, 84, 85, 93, 96(1) and (3), 97, 98(1), (3), and (4), 99, 100, 101, 102(1), (3), (5), and (7), 103(1), (3), and (5), 104(1) and (3), 105(1), (3), and (5), 106(1), (3), and (5), 107, 109, 111, 117, 118, 119, 120, 121, 127, 128, 129, 130, 131, 133, 134, 135, 136(1) and (3), 137(1), (2), (3), and (5), 138, 140, 141, 142, 143, 144, 145, 146, 147, 150, 151, 152(1), 161(7) and (15), 166, 167, 168, 169, 170, 171, 172, 173(1) to (3), (5) to (7), and (11), 174, 176(1), 177(1), (2) to (4), and (6) to (10), 178(1) to (5), and (7) to (11), 179, 180(1), 181(1), (2), and (5), 182, 183, 188, 196, 197, 198, 201, 202(1) and (3), 203, 204, 205(1), (4), and (5), 209(2), (3), and (5), 211(3) and (6), 215(1) and (3), 218(1), (4), (5), (7), and (9), 227, 230(4), 232, 233, 234, 235, 236, 238(1) and (4), 239(1), 241, 242(1), 251, 253, 254, 255, 256, 257, 258, 261, 262(1), 263, 264(2) and (4), 265, 266, 268, 269, 270, 271, 272, 273, 274, 275, 277, 280, 281, 282(1), (3), (4), and (5), 283, 284(1), (2), (4), and (6), 285, 286, 287, 288, 289, 290, 291, 293, 294, 296(2), (3), and (8), 297(2) and (5), 298(1) and (4), 299, 300, 302(2) and (4), 304, 306, 308(1), 309, 311, 312, 314, 317, 318, 321, 324(1), (2), (4), and (6), 329, 330, 331, 332, 333, 334, 335, 336(1), (3), (5), and (6), 337, 338, 339, 340(1), (3), (4), and (7), 341, 344, 345, 349, 350, 352, 353, 354, 355, 356, 357, 358, 359, 360(1) and (3), 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 376, 378(1), (2), (4), (5), and (7), 379, 381(2) and (4), 383, 387, 388(2) and (5), 389(2) and (3), 390, 391, 393, 394, 397, 398, 399(1), (4), and (8), 400(2) and (6), 409, 420(1) and (3), 421(1) and (3), 422, 427, 431(1) and (3), 440, 441, 442, 443, 444, 446, 447(2) and (5), 452(3) and (6), 453, 455, 457, 460(2), (4), and (7), 466, 470, 486, 489, 490(2), (3) and (5), 491(1), (3), and (5), 492(1) and (5), 493, 494, 495, 496, 497, 500, 503(2), (3), and (4), 504, 505, 506, 507, 509, 511, 512, 513, 514(1) to (4), (7), and (9) to (11), 515, 516, 517(1) and (3) to (5), 518(1) and (3) to (5), 519(1) to (6) and (8) to (13), 520, 521, 522, 523, 524, 525, 526, 529, 530, 531(1), (2), and (4) to (7), 532, 533, 534, 536, 537, 538, 539, 541, 542, 543, 544, 545, 547, 548, 554, 555, 556, 557(5), (7), (10), (25), (28), (29), (36), (37), (39), (42), (49), (50), (51), (52), (54), (55), (57), (58), (59), (62), (63), (64), (68), (69), (76), (84), (85), (88), (93), (95), (98), (99), (109), (114), (118), (119), (130), (134), (137), (138), (139), (140), (141), (142), (143), (144), (146), (149), (156), (157), (164), (170), (171), (175), (176), (184), (187), (191), (193), (195), (197), (198), (199), (200), (202), (204), (210), (214), (217), (219), (222), (224), (225), and (228), 559, 560, 561, 562, 564, 567, 568, 569, 570, 571(1) and (3), 572, 573, 574, 575, 576, 579(3) to (8), 580, 581, 582, 583, 585, 590, 591, 592, 593, 596(3), (4), (7), and (8), 597(4), 598(1) and (3), 599(1), 609, 614, 615, 616(2), 619(2), (3), (6), and (7), 620, 624, 627, 628(2) to (4), 630(1), 631, 632, 633, 636, 637, 640, 642, 643, 644, 646(3) and (5), 647(5) and (7), 648, 649, 650, 651(1) and (3), 654, 659, 660, 661, 664, 665, 669, 671, 672, 673, 680, 683, 690, 691, 693, 701, 702, 715(1) to (3), 717, 719, 724, 725, 726, 727, 729, 730, 733(3) and (5), 765, 766, 774, 775, 776, 777, 778, 844(19), (20), (24), and (34), 858(2) and (4), 859, and 865 are treated as coming into force on 1 April 2008.
(22) Sections 88, 315, 316, 360(2), 503(1), 557(148), 732, 867, and 868 are treated as coming into force on 1 July 2008.
(23) Sections 40, 58, 61, 243, 244, 745, 752, and 753 are treated as coming into force on 26 September 2008.
(24) Section 137(4) and (6) are treated as coming into force on 1 October 2008.
(25) Sections 10, 80, 112(2) and (3), 115, 116, 132(2) and (4), 173(8), (13), and (15), 557(32), (48), (60), (82), (105), (127), (131), (159), (160), (181), (186), and (206), and 704(2) and (4) are treated as coming into force on 1 January 2009.
(26) Sections 9, 27, 50, 64, 92, 114, 136(2), (4), (5), and (6), 139, 173(9), 176(2) and (3), 181(4) and (8), 184, 276, 278, 279, 282(2), 284(3), (5), (7), and (8), 301, 347(1), 399(2) and (6), 445(1) and (4), 462, 463, 464, 465, 492(2), 508, 514(5), (6), and (8), 517(2), 518(2), 519(7), 550, 557(92), (158), (165), (166), (188), and (209), 571(2), (4), and (5), 587, 607, 608, 619(1), (4), and (5), 623, 715(4), and 721 are treated as coming into force on 1 April 2009.
(27) Sections 5(3), (6), and (8), 6, 14, 17(2), (3) and (5), 20(1), (2), and (4), 22, 23, 29, 30, 39, 41(3) and (6), 69, 70, 71, 79, 90, 91, 110, 152(2) and (3), 153, 154, 155, 156, 160, 161(1) to (6), (9) to (14), (16), and (17), 162, 163, 164, 165, 175, 180(2) to (4), 195, 202(2) and (4), 206, 207, 208, 209(1) and (4), 210, 211(1), (2), (4), (5), and (7), 212, 213, 214, 215(2), (4), and (5), 216, 217, 218(3) and (10), 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 230(1) to (3), and (5) to (7), 231, 237, 238(2), (3), and (5), 240, 246, 247, 248, 249, 250, 252, 259, 260, 302(1) and (3), 303, 305, 340(2), (5), and (6), 342, 343, 346, 377, 385, 395, 399(3) and (7), 400(3) and (7), 401(2) and (5), 403, 404, 405, 406, 407, 408, 412, 413, 414, 415, 416, 417, 419, 421(2) and (4), 423, 424, 425, 426, 428, 429, 430, 431(2) and (4), 432, 433, 434, 435, 436, 437, 448, 456, 459(1) and (3), 460(3) and (8), 461(1) and (3), 468, 469(1) and (3), 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 485, 488, 490(1) and (4), 491(2), (4) and (6), 492(3), (4), and (6), 527, 528, 540, 557(8), (9), (11), (14), (16), (22), (23), (30), (34), (38), (40), (41), (43), (61), (70), (71), (74), (75), (77), (78), (79), (80), (89), (94), (96), (104), (117), (123), (128), (129), (182), (183), (185), (203), (208), (211), (212), (213), (215), (216), and (229), 558, 577(2), 584, 586, 596(5) and (9), 597(1) to (3), (5) and (6), 605(2) and (4), 617, 634, 635, 651(2) and (5), 652, 655, 656, 657, 658, 666, 668, 674, 676, 678, 686, 687, 688, 695, 697, and 700 are treated as coming into force on 30 June 2009.
(28) Sections 46, 56(2), (3), and (5), 59, 86, 87, and 89 come into force on 1 October 2009.
(29) Sections 95, 123, 124, 125, 126, 557(108), and (110) come into force on 1 January 2010.
(30) Sections 4, 7, 8, 13, 15(1)(a) and (2), 17(1) and (4), 19(4), (6), and (7), 21, 28, 41(4), (5), and (7), 51, 63, 65, 66, 67, 73(1), (2), and (4), 75, 77, 78, 96(2), (4), and (5), 98(2), (5), and (6), 102(2), (4), (6), and (8), 103(2), (4), and (6), 104(2) and (4), 105(2), (4), and (6), 106(2), (4), and (6), 112(1), 113, 122, 149, 157, 158, 159, 161(8) and (18), 173(4), (10), (12), and (14), 177(5), (11), and (12), 178(6), (12), and (13), 181(3), (6), and (7), 191, 192, 218(2), (6), (8), and (11), 239(2) and (3), 242(2) to (4), 245, 262(2) and (3), 264(1) and (3), 267, 292, 295, 296(4), (6), and (9), 298(2), (3), and (5), 308(2) and (3), 313, 324(3), (5), and (7), 328, 336(2), (4), and (7), 347(2), 348, 351, 378(3), (6), and (8), 384, 401(1), (3), and (4), 438, 498, 531(3) and (8), 535, 557(2), (3), (4), (13), (15), (17), (18), (19), (21), (24), (31), (44), (66), (73), (81), (83), (91), (97), (100), (101), (102), (103), (106), (107), (111), (115), (116), (121), (126), (133), (136), (150), (154), (155), (167), (177), (179), (180), (192), (196), (220), (221), (223), and (227), 563, 565, 566, 579(1) and (2), 588, 594, 599(2), 611, 613, 618, 621, 622, 626, 628(5) and (6), 645, 651(4) and (6), 679, 681, 710(3), 713, and 861 come into force on 1 April 2010.
(31) Sections 200 and 487 come into force on 30 June 2010.
(32) Sections 33, 49, 55, 94, 132(1), (3), (5), and (6), 185, 186, 187, 189, 190, 193, 194, 199, 296(1), (5), and (7), 297(1), (3), and (4), 307, 310, 325, 326, 327, 372, 373, 374, 375, 380, 381(1), (3), and (5), 382, 386, 388(1), (3), and (4), 392, 396, 399(5) and (9), 400(1), (4), and (5), 402, 410, 411, 418, 420(2) and (4), 439, 445(2), (3), and (5), 447(1), (3), and (4), 449, 450, 451, 452(1), (2), (4), and (5), 454, 458, 459(2) and (4), 460(1), (5), and (6), 461(2) and (4), 467, 469(2) and (4), 483, 484, 557(6), (12), (20), (27), (33), (35), (46), (56), (65), (67), (72), (87), (90), (112), (113), (120), (122), (124), (151), (152), (153), (161), (162), (163), (168), (169), (172), (178), (189), (190), (194), (201), (205), (207), (218), and (226), 577(1) and (3), 629, and 663 come into force on 1 July 2010.
(1) Amendment(s) incorporated in the Act(s).
(2) Amendment(s) incorporated in the Act(s).
(3) Subsection (1) applies for the 2005–06 and later income years.
(4) Subsection (2) applies for the 2008–09 and later income years.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Stamp and Cheque Duties Act 1971. The eprint incorporates all the amendments to the Act as at 21 December 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.
This eprint has not been officialised. For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/ 
.
Taxation (GST and Remedial Matters) Act 2010 (2010 No 130): sections 182, 183
Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34): section 858
Income Tax Act 2007 (2007 No 97): section ZA 2(1)
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