Finance Act 1994

Reprint
as at 1 April 2005

Coat of Arms of New Zealand

Finance Act 1994

Public Act1994 No 73
Date of assent6 July 1994
Commencementsee section 1
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 finances and other matters

1 Short Title and commencement

  • (1) This Act may be cited as the Finance Act 1994.

    (2) Except as provided in subsection (3), this Act shall come into force on the day on which it receives the Royal assent.

    (3) Subject to subsection (4), sections 5 to 7 shall come into force on a day to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different sections into force on different days.

    (4) A day may be appointed pursuant to subsection (3) bringing section 6 or section 7 into force only if the Governor-General is satisfied, at the time of the making of the Order in Council, that at least 50% of the shares in GCS Limited are no longer held by Ministers of the Crown on behalf of the Crown.

    (5) [Repealed]

    Section 1(3): section 5 brought into force, on 18 November 1994, by the Finance Act Commencement Order 1994 (SR 1994/253).

    Section 1(3): sections 6 and 7 brought into force, on 29 December 1994, by the Finance Act Commencement Order (No 2) 1994 (SR 1994/266).

    Section 1(3): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

    Section 1(5): repealed, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Application of Part 2 of Commerce Act 1986 to certain agreements relating to pharmaceuticals

2 Application of Part 2 of Commerce Act 1986 to regional health authorities, Public Health Commission, and certain subsidiaries

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

    agreement—

    • (a) includes any agreement, arrangement, contract, covenant, deed, or understanding, whether oral or written, whether express or implied, and whether or not enforceable at law; and

    • (b) without limiting the generality of paragraph (a), includes any contract of service and any agreement, arrangement, contract, covenant, or deed, creating or evidencing a trust

    authority means a regional health authority (including the Health Funding Authority) established by Order in Council in accordance with section 32 of the Health and Disability Services Act 1993

    the commission means the Public Health Commission established by section 27 of the Health and Disability Services Act 1993

    pharmaceuticals means substances or things that are medicines, therapeutic medical devices, or products or things related to pharmaceuticals

    reached includes entered into, granted, and made; and reaching has a corresponding meaning

    specified body means a body that is an authority, the commission, or any person wholly owned by a specified body or 2 or more specified bodies

    subsidiary has the meaning given to that term by section 158 of the Companies Act 1955 or, as the case may require, sections 5 and 6 of the Companies Act 1993.

    (2) This subsection applies to an agreement (reached before the commencement of the New Zealand Public Health and Disability Act 2000) if, and only if,—

    • (a) at least 1 party to it was a specified body at the time it was reached; and

    • (b) it was reached after consultation between the Minister of Health and 1 or more of the parties to it; and

    • (c) it relates to pharmaceuticals for which full or part payments may be made by 1 or more specified bodies.

    (3) It is hereby declared that nothing in Part 2 of the Commerce Act 1986 applies, or has ever applied, to—

    • (a) any agreement to which subsection (2) applies; or

    • (b) any act, matter, or thing, done by any person to give effect to such an agreement.

    (4) For the purposes of section 2(7) of the Commerce Act 1986 (which relates to interconnected bodies corporate), neither the commission nor any authority or hospital and health service (within the meaning of section 2 of the Health and Disability Services Act 1993) shall be regarded as having been, at any time before the commencement of the Commerce Amendment Act 1994, a subsidiary of the Crown.

    (5) No person other than the Commerce Commission may commence any proceedings against an authority under section 81 or section 82 of the Commerce Act 1986 in respect of any act, matter, or thing, that has been done or will be done before 1 July 1994.

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

    Section 2(1) authority: amended, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

    Section 2(2): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

    Section 2(4): amended, on 1 July 1998, by section 5(4) of the Health and Disability Services Amendment Act 1998 (1998 No 74).

    Section 2(4): amended, on 9 December 1994, by section 2(2) of the Commerce Amendment Act 1994 (1994 No 135).

Accident Rehabilitation and Compensation Insurance Corporation

3 Validation of payment of motor spirits excise duty to Accident Rehabilitation and Compensation Insurance Corporation

  • All—

    • (a) actions of the Crown in paying to the Accident Rehabilitation and Compensation Insurance Corporation from the Crown Bank Account the sum of $14,625,000, inclusive of goods and services tax, (being the first quarterly instalment payable under section 109 of the Accident Rehabilitation and Compensation Insurance Act 1992 in respect of the financial year ending with the close of 30 June 1994); and

    • (b) actions of the Corporation in crediting that sum (purportedly pursuant to subsection (4) of that section) to the Motor Vehicle Account established under section 108 of that Act,—

    shall, notwithstanding that the payment was made without the authority of an Order in Council made under section 109 of that Act, be deemed to have been, and continue to be, as valid and effectual as they would have been if the Accident Rehabilitation and Compensation Insurance (Motor Spirits Excise Duty) Order 1993 had been in force when the sum was paid.

4 Corporation payment to Crown Bank Account for public health care costs in respect of year ending 30 June 1995

  • [Repealed]

    Section 4: repealed, on 2 September 1996, by section 25(2)(d) of the Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 (1996 No 106).

GCS Limited

5 Amendment to State-Owned Enterprises Act 1986

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

    (2) Notwithstanding the coming into force of subsection (1), section 22 of the State-Owned Enterprises Act 1986 shall, so long as Ministers of the Crown continue to hold shares in GCS Limited (in this section called the Corporation), continue to apply in relation to the Corporation as if—

    • (a) the Corporation were a State enterprise; and

    • (b) the Minister of Finance and the Minister for State Owned Enterprises were the shareholding Ministers for the Corporation.

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

    (4) Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares.

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

6 Amendment to Ombudsmen Act 1975

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

7 Amendment to Official Information Act 1982

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

8 Amendment to Income Tax Act 1976

  • [Repealed]

    Section 8: repealed, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Health reforms (transitional provisions)

9 Amendment to Health Reforms (Transitional Provisions) Act 1993

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

    (2) Without limiting subsection (1), it is hereby declared that the repeal of paragraph (b) of section 8(1) of the Health Research Council Act 1990 by section 32 of the Health Reforms (Transitional Provisions) Act 1993 shall be deemed not to have affected—

    • (a) the membership of the Health Research Council; or

    • (b) the validity of any appointment made under section 8(1)(b) of the Health Research Council Act 1990 (as substituted by section 3 of the Health Research Council Amendment Act 1991) in the period beginning on 1 July 1993 and ending with the commencement of this subsection; or

    • (c) the validity of any action taken by the Council or any member of the Council in the period beginning on 1 July 1993 and ending with the commencement of this subsection.

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 1994. The reprint incorporates all the amendments to the Act as at 1 April 2005, 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)