Finance Act 1928
Finance Act 1928
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Finance Act 1928
Finance Act 1928
Public Act |
1928 No 53 |
|
Date of assent |
9 October 1928 |
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Contents
An Act to make Provision with respect to Public Finance and other Matters.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Finance Act, 1928.
Part I Public Revenues and Loans
2 Empowering Minister of Finance to borrow £3,000,000 for certain public works.
(1)
The Minister of Finance is hereby empowered to borrow, on the security of and charged upon the public revenues of New Zealand, such sums of money as he thinks fit, not exceeding in the aggregate the sum of three million pounds.
(2)
The sums so borrowed shall bear interest at such rate as the Minister of Finance prescribes.
(3)
All moneys borrowed under the authority of this section shall, as and when borrowed, be paid into the Public Account to the credit of the General Purposes Account of the Public Works Fund, and shall from time to time be applied, in such amounts as may be from time to time appropriated by Parliament, for the following purposes, namely:—
(a)
The construction of railways and additions to open lines:
(b)
Additional rolling-stock for open lines, and such other works and purposes in connection therewith as may be authorized:
(c)
Telegraph extension:
(d)
The construction and improvement of roads (including main highways), tracks, and bridges for the purpose of providing and improving means of access to any lands, developing goldfields, and such other works and purposes in connection therewith as may be authorized:
(e)
The construction of irrigation works:
(f)
Other public works, including administrative charges in respect of any public works of the classes referred to in this section.
(4)
This section shall be deemed to be an authorizing Act within the meaning of the New Zealand Loans Act, 1908, and the moneys herein authorized to be borrowed shall be borrowed under and subject to the provisions of that Act accordingly.
3 Empowering Minister of Finance to borrow additional £2,000,000 for purposes of Railways Improvement Authorization Act, 1914.
(1)
The authority conferred upon the Minister of Finance by section three of the Finance Act, 1927 (No. 2), to borrow additional amounts for the purposes of the Railways Improvement Authorization Act, 1914, is hereby extended to enable the said Minister so to borrow in the aggregate not more than four million pounds.
(2)
The said section three is hereby consequentially amended by omitting the words “two million pounds”
wherever they occur, and substituting therefor the words “four million pounds.”
4 Authorizing advance to Waihou and Ohinemuri Rivers Account of £50,000 from Consolidated Fund.
The Minister of Finance may, without further appropriation than this section and on such terms and conditions as he thinks fit, advance out of the Ordinary Revenue Account of the Consolidated Fund to the Waihou and Obinemuri Rivers Improvement Account established under the Waihou and Ohinemuri Rivers Improvement Act, 1910, to be available for the purposes of the last-mentioned account, such amounts as he from time to time determines, not exceeding in the aggregate the sum of fifty thousand pounds.
5 Expenses of borrowing moneys for purposes of Main Highways Act may be paid out of Main Highways Revenue Fund.
(1)
The costs, charges, and expenses heretofore incurred or that may hereafter be incurred in connection with the borrowing of any moneys for the purposes of the Main Highways Act, 1922, may, without further appropriation than this section, be paid out of the Main Highways Revenue Fund.
(2)
If any such costs, charges, and expenses have heretofore been or are hereafter charged to the Main Highways Construction Fund the amount thereof may, without further appropriation than this section, be transferred from the Revenue Fund to the Construction Fund.
(3)
Nothing in this section shall restrict the power conferred by section eight of the New Zealand Loans Act, 1908, to borrow an additional amount in respect of the costs, charges, and expenses connected with the raising of any loan.
6 As to expenditure of certain moneys advanced to Samoan Treasury.
Any moneys heretofore lent or that may hereafter be lent to the Samoan Treasury pursuant to section four of the Finance Act, 1926, as extended by section eight of the Finance Act, 1927 (No. 2), may be expended for such public purposes in Samoa, other than public works, as the Administrator thinks fit, and all payments heretofore made for any such purposes shall be deemed to have been lawfully made:
Provided that the aggregate amount so expended otherwise than for public works shall not at any time exceed thirty thousand pounds.
7 Provision for maintenance of Police force at Samoa.
(1)
The Minister of Finance may from time to time, without further appropriation than this section, pay out of the Ordinary Revenue Account of the Consolidated Fund such sums as are required in connection with the maintenance of the Military Police Force in Samoa, including the pay and allowances of the members of the force, the expenses incurred in connection with their appointment, outfitting, and transport, and any other expenses incidental to the maintenance of the force.
(2)
This section shall be deemed to have come into force on the first day of April, nineteen hundred and twenty-eight.
8 Application of profits accrued in Reparation Estates Account.
(1)
The profits accrued to the New Zealand Reparation Estates Account for the year ended on the thirty-first day of March, nineteen hundred and twenty-eight, shall, without further appropriation than this section, be applied as follows:—
(a)
The sum of twelve thousand pounds shall be paid into and for the purposes of the Samoan Treasury:
(b)
Not more than fifty per centum of the residue thereof may from time to time be applied towards the development of the New Zealand Reparation Estates for purposes and in amounts to be approved by the Minister of External Affairs:
(c)
The balance shall be credited to the Reserve Fund referred to in section eight of the Samoa Amendment Act, 1926, to be administered as provided in that section.
(2)
All moneys paid into the Samoan Treasury pursuant to this section shall form part of the public revenues of Samoa.
9 Authorizing costs, charges, and expenses of paying off or renewing securities to be charged to and paid out of Ordinary Revenue Account of Consolidated Fund.
The costs, charges, and expenses incurred in paying off or renewing any securities at or before maturity may, at the discretion of the Minister of Finance and without further appropriation than this section, be charged to and paid out of the Ordinary Revenue Account of the Consolidated Fund, and in every such case that account shall be deemed to be the appropriate account for the purposes of sections seven and seventeen of the New Zealand Loans Act, 1908, and all such charges and payments heretofore made are hereby validated.
10 Apportionment of principal and interest where securities are purchased cum dividend for redemption or cancellation.
Where any securities are purchased cum dividend out of moneys in the Public Account or other public moneys for the purposes of redemption and cancellation or for any other purpose, an apportionment of the purchase-price of such securities as between principal and interest may be made, and in such case only the amount so apportioned to principal shall be charged against the fund or account for which such securities are purchased.
11 Moneys raised for purposes of State Advances Act, 1913, or of Rural Advances Act, 1926, to be paid in first instance into Public Account to credit of a separate account or accounts.
(1)
Notwithstanding anything to the contrary in the State Advances Act, 1913, or the Rural Advances Act, 1926, all moneys raised pursuant to the said Acts may in the first instance be paid into the Public Account to the credit of a separate account or separate accounts, and out of the moneys standing to the credit of any such separate account there may be paid, without further appropriation than this section, the costs, charges and expenses incurred in raising such moneys.
(2)
Notwithstanding anything to the contrary in any Act, it shall be lawful for the Minister of Finance to invest in terms of section thirty-nine of the Public Revenues Act, 1926, all or any of the moneys standing to the credit of any such separate account.
(3)
The moneys standing to the credit of any separate account as aforesaid, after payment of the costs, charges, and expenses aforesaid, shall as and when required by the State Advances Superintendent be paid, without further appropriation than this section, to the State Advances Account for the purposes for which they were raised.
12 Section 8 of Rural Advances Act, 1926, amended.
Subsection one of section eight of the Rural Advances Act, 1926, is hereby amended by adding the words “and all the powers conferred on the Minister of Finance by those Acts in respect of securities issued thereunder may be exercised by the Superintendent in respect of securities issued under this Act.”
13 Administration by Public Trustee of sinking fund in respect of certain loans raised for Westport Harbour.
Whereas pursuant to the Westport Harbour Act, 1920, the Crown assumed liability, inter alia, for two loans raised by the Westport Harbour Board, being respectively a loan of two hundred thousand pounds maturing in the month of February, nineteen hundred and forty-five, and a loan of five hundred thousand pounds maturing in the month of January, nineteen hundred and forty-nine: And whereas the Westport Harbour Board had established a sinking fund in connection with each of the loans aforesaid and had appointed as Sinking Fund Commissioners the Commissioners of the Public Debts Sinking Funds (hereinafter referred to as the Commissioners): And whereas the Crown has continued to pay to the Commissioners the sinking-fund charges in respect of the said loans: And whereas it is desired to vest the said sinking funds in the Public Trustee for administration and to make the following provisions in respect thereof: Be it therefore enacted as follows:—
(1)
The sinking funds in respect of the aforesaid loans heretofore administered by the Commissioners are hereby vested for administration in the Public Trustee, who shall take over from the Commissioners the existing investments of the funds and the cash balances.
(2)
The sinking funds hereby vested in the Public Trustee shall be administered by him as one fund in accordance with regulations in that behalf made by the Governor-General in Council, or, in the absence of such regulations or so far as they do not extend, shall be administered as if they were moneys in the Common Fund of the Public Trust Office.
(3)
The Public Trustee shall pay out of such sinking fund into the Public Account such moneys as are from time to time required by the Minister of Finance for the redemption at or before maturity of debentures or other securities issued in connection with the several loans.
(4)
There shall, without further appropriation than this section, be paid out of the Consolidated Fund to the Public Trustee for the purposes of the said sinking fund contributions as follows:—
(a)
In each financial year in the period commencing on the first day of April, nineteen hundred and twenty-nine, and ending not later than the thirty-first day of March, nineteen hundred and forty-five, the sum of seven thousand pounds:
(b)
In each financial year in the period commencing on the first day of April, nineteen hundred and forty-five, and ending not later than the thirty-first day of March, nineteen hundred and forty-nine, the sum of five thousand pounds:
(c)
In the financial year in which any moneys are paid by the Public Trustee pursuant to subsection three hereof for the purposes of the redemption of any securities before maturity an amount computed at the rate of four and one-half per centum per annum of the amount so paid by the Public Trustee for the period elapsing between the date of such payment and the end of that financial year:
(d)
In each financial year in the period commencing on the first day of April immediately following any payment by the Public Trustee as aforesaid and ending not later than the thirty-first day of March, nineteen hundred and forty-nine, an amount equal to four and one-half per centum of the total amount paid by the Public Trustee as at the preceding thirty-first day of March.
(5)
Notwithstanding anything in the last preceding subsection, no payments in accordance therewith shall be made at any time after the accumulated sinking fund held by the Public Trustee is sufficient to pay off the amount of the loans then outstanding.
(6)
The Governor-General may from time to time by Order in Council make any regulations that may be required for the purposes of this section.
(7)
This section shall come into force on the first day of April, nineteen hundred and twenty-nine.
14 As to future administration of the Nelson Rifle Prize Fund.
Whereas there is in the Public Account a sum of money, known as the Nelson Rifle Prize Fund, which was established under Ordinance No. 3 passed in the year eighteen hundred and sixty in the seventh session of the Nelson Provincial Council, and intituled “An Act to promote the use of the Rifle in the Province of Nelson”
: And whereas the said fund is required to be held and administered for the purposes specified in the said Ordinance, as amended by the Nelson Rifle Prize Act Amendment Act, 1877: And whereas owing to changes in the constitution of the Defence Forces of New Zealand, and otherwise owing to different conditions now prevailing, it is impracticable to administer the said fund strictly in accordance with the said Ordinance and Amendment Act, and it is desirable to make better provision as hereinafter appearing for the administration of the said fund: Be it therefore enacted as follows:—
(1)
The said Nelson Rifle Prize Fund shall continue to be held in the Public Account, and the moneys comprising the same shall be from time to time invested as the Minister of Finance directs.
(2)
All moneys from time to time accruing to the said fund by way of interest shall, without further appropriation than this section, be from time to time applied in such manner as the Minister of Defence directs for the purpose of providing monetary or other prizes for and generally for the purpose of encouraging rifle shooting and efficiency in small-arms training in the New Zealand Defence Forces and Defence Rifle Clubs in the area comprised in the Provincial District of Nelson.
Repeals.
(3)
The said Ordinance intituled “An Act to promote the use of the Rifle in the Province of Nelson”
and the said Nelson Rifle Prize Act Amendment Act, 1877, are hereby repealed.
15 Validation of certain refunds made after due date under Motor-spirits Taxation Act.
(1)
All refunds heretofore allowed in respect of Customs duties paid on motor-spirits in accordance with the Motor-spirits Taxation Act, 1927, are hereby validated, notwithstanding that claims for such refunds may have been made after the time limited by section eight of that Act.
(2)
In respect of motor-spirits used within the quarterly period ending on the thirtieth day of September, nineteen hundred and twenty-eight, applications for refunds may be allowed if made on or before the thirty-first day of October, nineteen hundred and twenty-eight.
16 Section 22 of Finance Act, 1926, amended.
Subsection two of section twenty-two of the Finance Act, 1926, as set out in paragraph (a) of section eighteen of the Finance Act, 1927 (No. 2), is hereby amended as from the coming into force of the said section twenty-two by inserting, after the words “allowance for interest thereon,”
the words “being either compound or simple interest.”
17 Section 40 of Public Revenues Act, 1926, amended.
Subsection three of section forty of the Public Revenues Act, 1926, as amended by section seven of the Finance Act, 1927, is hereby further amended as from the passing of the last-mentioned Act by adding the words “out of such account or fund as the Minister of Finance may determine.”
18 Section 136 of Public Revenues Act, 1926, amended.
Section one hundred and thirty-six of the Public Revenues Act, 1926, is hereby amended as from the passing of that Act by adding the following subsections:—
“(4)
All moneys received by the Crown in repayment of loans made under this section or as interest thereon, or in respect of the disposal by sale or lease of any land or interest in land or any other property acquired by virtue of any right conferred under any mortgage or other security for any such loan, shall be payable to the General Purposes Relief Account.
“(5)
All expenses incurred in connection with any land or other property acquired as aforesaid shall, without further appropriation than this section, be paid out of the General Purposes Relief Account.”
19 Section 141 of Public Revenues Act, 1926, amended.
Section one hundred and forty-one of the Public Revenues Act, 1926, is hereby amended by omitting the words “not exceeding one pound a day,”
and substituting the words “at such daily rate as the Minister of Finance determines.”
20 Authorizing certain payments to be made by High Commissioner out of Foreign Imprest Account.
(1)
Out of moneys transferred to the Foreign Imprest Account for General Services in terms of section eighty of the Public Revenues Act, 1926, the High Commissioner, without further appropriation than this section, may, notwithstanding anything to the contrary in that Act, make and shall at all times heretofore be deemed to have had authority to make payments—
(a)
On behalf of any of the accounts outside the Public Account to which Part X of that Act applies:
(b)
For such other services not chargeable to the Public Account as the Treasury may from time to time approve or authorize, either generally or with reference to any particular case:
Provided that no payment in excess of five hundred pounds shall be made under the authority of this section prior to the receipt of the relative amount into the Public Account.
(2)
The amount of all such payments so made in advance of the receipt of the relative amount into the Public Account shall be recovered from the accounts or authorities on behalf of which they were made, and shall when recovered be paid into the Public Account as a credit against such payments.
(3)
Any payment made pursuant to subsection one hereof otherwise than on behalf of the Crown shall be a debt due to the Crown by the person to whom or on whose behalf such payment was made, and may be recovered accordingly in any Court of competent jurisdiction.
21 Facilities available to members of the General Assembly for travel by sea.
(1)
Notwithstanding anything in section nineteen of the Civil List Act, 1920, the following facilities for travel by steamer or alternative means of transport shall be available to members of the General Assembly:—
(a)
Every member of the General Assembly shall, subject to the provisions of subsection three hereof, be entitled at any time to travel by steamer at the public expense between the port most convenient of access to his home and any other port in New Zealand for the purpose of enabling him to come from his home to Wellington and to return home from Wellington.
(b)
In lieu of a passage by steamer which a member of the General Assembly is entitled to receive by virtue of the last preceding paragraph, he may receive a ticket entitling him to travel by service motor-car over any portion of the journey to or from Wellington if there is no reasonably convenient railway or steamer service the use of which would render unnecessary in whole or in part the use of a service motor-car.
(2)
In addition to the facilities provided for in the last preceding subsection, every member of the General Assembly shall, subject to the next succeeding subsection, be entitled at any time to travel by steamer between the Ports of Wellington and Lyttelton, and Wellington and Picton, at the public expense.
(3)
No member of the General Assembly in exercise of the rights conferred by this section shall travel by steamer between the ports of Wellington and Lyttelton, or the ports of Wellington and Picton, except in a steamer of the Union Steamship Company of New Zealand, Limited.
(4)
The facilities hereby granted to members shall be paid for out of moneys to be appropriated by Parliament for the purpose.
(5)
No member of the General Assembly to whom this section applies shall be entitled to receive any payment under section nineteen of the Civil List Act, 1920, in respect of fares for any passage by sea or in the case of a member to whom paragraph (b) of subsection one hereof applies, for any passage by service motor-car made after the commencement of this Act.
Repeals.
(6)
Section twenty-two of the Finance Act, 1924, section eighteen of the Finance Act, 1925, and subsections one and two of section twenty-four of the Finance Act, 1926, are hereby repealed. Subsection three of the last-mentioned section is hereby consequentially amended by omitting the words “under subsection one hereof.”
22 State Coal-mines Sinking Fund Account.
(1)
A sinking fund to liquidate the loan-moneys raised for the purposes of Part III of the Coal-mines Act, 1925, or the corresponding provisions of any former Act, shall be established out of net profits by an annual setting-aside of an amount equal to two per centum of the total amount so raised, less any amount or amounts which may have been or may hereafter be redeemed otherwise than from the sinking fund.
(2)
All such moneys set aside shall be invested in manner provided by section thirty-nine of the Public Revenues Act, 1926, in respect of the investment of balances of the Public Account, but so much thereof as is required from time to time by the Minister of Finance shall be applied to the redemption at or before maturity of debentures or other securities issued in connection with any loans raised for the purposes aforesaid.
(3)
In addition to the amount to be set aside pursuant to subsection one hereof for the purposes of the sinking fund there shall also be set aside in each financial year for such purposes out of the net profits aforesaid a sum equal to four per centum of the total amount applied pursuant to the last preceding subsection as at the end of the previous financial year to the redemption of debentures or other securities, together with an amount computed at the rate of four per centum of the amount so applied during the then current financial year for the period elapsing between the date of redemption and the end of that year.
(4)
If the profits shown in the General Profit and Loss Account in any year are insufficient to cover the amounts required by this section to be set aside for the purposes of the sinking fund in that year, the deficiency shall be made good from and shall be a first charge against the reserve referred to in section one hundred and eighty-four of the Coal-mines Act, 1925, or if the reserve is insufficient shall be a first charge against the net profits of future years.
(5)
The annual payments to the sinking fund and the investments of sinking-fund moneys shall be made without further appropriation than this section.
(6)
No appropriation shall be made under this section so that the balance in the sinking fund shall exceed the amount of the loan-moneys outstanding.
Repeals.
(7)
This section is in substitution for section one hundred and eighty-five of the Coal-mines Act, 1925, and that section and also section six of the Coal-mines Amendment Act, 1927, are hereby repealed.
(8)
This section shall be deemed to have come into force on the fifth day of December, nineteen hundred and twenty-seven (being the date of the passing of the Coal-mines Amendment Act, 1927).
23 Moneys in sinking funds established under State Supply of Electrical Energy Act, 1917, to be applied towards redemption of securities at or before maturity.
(1)
So much of the moneys standing to the credit of any sinking fund established under the State Supply of Electrical Energy Act, 1917, as may be required from time to time by the Minister of Finance shall be applied to the redemption at or before maturity of debentures or other securities issued in connection with any loans raised for the purposes of the said Act.
(2)
In addition to the amount to be appropriated pursuant to section twelve of the State Supply of Electrical Energy Act, 1917, there shall also be appropriated in each financial year for the purposes of the sinking fund a sum equal to four and one-half per centum of the total amount applied pursuant to the last preceding subsection as at the end of the previous financial year to the redemption of debentures or other securities, together with an amount computed at the rate of four and one-half per centum of the amount so applied during the then current financial year for the period elapsing between the date of redemption and the end of that year.
24 State Advances Office to pay interest on moneys advanced from Working Railways Account for erection of houses in Hutt Valley Settlement.
(1)
Where pursuant to section ten of the Hutt Valley Lands Settlement Act, 1925, the Minister of Railways undertakes the erection of dwellings on land subject to that Act, and the cost of erection is charged to the Working Railways Account pending the payment of an advance by the State Advances Superintendent, the Superintendent shall pay from the State Advances Account to the credit of the Working Railways Account interest on the amount charged to that account as aforesaid at the rate of five and one-quarter per centum per annum as from the respective dates on which the purchasers enter into possession of the dwellings until the recoupment of the said Working Railways Account.
(2)
This section shall be deemed to have been in force as from the commencement of the Hutt Valley Lands Settlement Act, 1925.
25 Section 65 of Land and Income Tax Act (as to assessment of mortgagee in possession) amended.
Section sixty-five of the Land and Income Tax Act, 1923, is hereby amended by adding the following proviso:—
“Provided that in each of the three years of assessment immediately following the year in which the mortgagee entered into possession, the Commissioner shall, if satisfied that the mortgagee is in possession solely for the purpose of furthering the realization of his security, assess him separately in respect of the estate or interest of which he is deemed to be the beneficial owner as aforesaid.”
26 Modifying restrictions governing payment of subsidies to local authorities in respect of moneys expended in relief of unemployment.
Whereas by section three of the Local Authorities Empowering (Relief of Unemployment) Amendment Act, 1928 (hereinafter referred to as the said Act), provision is made for the payment by the Minister of Finance of subsidies on amounts expended by local authorities in relief of unemployment: And whereas it is desirable to modify the restrictions governing the payment of such subsidies: Be it therefore enacted as follows:—
(1)
In any case where the amount in respect of which subsidy is payable was expended by a local authority on a work approved in accordance with subsection three of section three of the said Act, the whole or any part of the subsidy may be expended in continuance or completion of the said work.
(2)
Where a local authority in anticipation of receiving a subsidy has temporarily applied moneys for the purposes of any work theretofore approved as aforesaid, it may with the approval of the Minister of Finance apply the subsidy or any part thereof for the purpose of recouping the fund or account out of which such first-mentioned moneys have been expended.
(3)
If the Minister of Finance is satisfied that any local authority has undertaken to carry out any work approved as aforesaid in relief of unemployment, he may in anticipation pay to such local authority the whole or any part of any subsidy that would in his opinion thereafter become payable in respect thereof.
(4)
This section shall be deemed to have come into force on the passing of the said Act.
27 Extending purposes for which totalizator duty may be refunded under section 8 of Finance Act, 1925.
The purposes for which the Minister of Finance may make refunds of totalizator duty pursuant to section eight of the Finance Act, 1925, are hereby extended to allow a refund to be made in any case if the Minister is satisfied that the refund is required by the racing club for expenditure during the year in which such refund is made for the erection of, or permanent improvements to, stables on land not forming part of its racecourse, or the discharge of any liabilities incurred by it for such work.
28 Section 24 of Finance Act, 1927 (No. 2), amended.
Subsection one of section twenty-four of the Finance Act, 1927 (No. 2), is hereby amended as from the passing of that Act by omitting the words “all moneys which by any Act or other authority are made payable to the Main Highways Revenue Fund (other than moneys referred to in paragraph (d) of section fourteen of the Main Highways Act, 1922),”
and substituting the words “all moneys which by virtue of paragraphs (b) and (c) of section fourteen of the Main Highways Act, 1922, or section twenty-four of the Motor-vehicles Act, 1924, are made payable to the Main Highways Revenue Fund.”
Part II Superanuation and National Provident Funds
29 Authorizing extension to certain persons of benefits of National Provident Fund Act, 1926, in respect of incapacity arising out of illness or injury.
Whereas by section sixteen of the National Provident Fund Act, 1910, provision was made for the payment to continuous contributors of allowances on account of illness or personal injury commencing or happening after the recipient had been a contributor to the fund for at least five years: And whereas by section fifteen of the National Provident Fund Amendment Act, 1925, authority was conferred on the National Provident Fund Board to reduce the period of five years aforesaid: And whereas it is desirable that the Board should have authority to reduce the said period of five years in respect of incapacity that arose before the passing of the said National Provident Fund Amendment Act, 1925: Be it therefore enacted as follows:—
On application in that behalf made by any person who was a contributor to the National Provident Fund at any time before the passing of the National Provident Fund Amendment Act, 1925, the Board may grant to such contributor an allowance in respect of any illness or personal injury, notwithstanding that at the time when such illness or personal injury commenced or happened he had not been a contributor to the fund for at least five years.
30 Persons temporarily employed in Public Service may be admitted in certain cases as contributors to Public Service Superannuation Fund.
(1)
In this section—
“Board” means the Public Service Superannuation Board:
“Commissioner” means the Public Service Commissioner:
“Fund” means the Public Service Superannuation Fund:
“Minister” means the Minister for the time being having control over the Department or office in which any person or persons making an election for the purposes of this section may be employed.
(2)
Any person who for the time being is temporarily employed in any office in the Public Service may with the concurrence of the Commissioner in the case of an officer under his control, or with the concurrence of the Minister in any other case, elect by notice in writing given to the Board to become a contributor to the fund, either from the date of his election or from the date of his temporary appointment to the Public Service.
(3)
If any such person elects to become a contributor to the fund as from the date of his appointment he shall pay into the fund within such time and in such manner as the Board may allow in that behalf such sum as the Board may fix in respect of his past service.
(4)
The percentage of his salary to be contributed to the fund by any person who becomes a contributor under this section shall be fixed by reference to his age at the date on which his election to become a contributor takes effect.
(5)
Except as provided in this section, every person who becomes a contributor to the fund pursuant thereto shall be entitled to the same benefits as if his temporary employment were permanent employment in the Public Service.
Part III Local Authorities and Other Public Bodies
31 Authorizing certain local authorities to contribute to Wellington Branch of New Zealand Free Ambulance Transport Service.
The local authorities and other Boards mentioned hereunder are hereby authorized and empowered in the year ending on the thirty-first day of March, nineteen hundred and twenty-nine, to pay to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated, such sums as they think fit, not exceeding in any case the Respective amounts hereinafter specified—namely, the Lower Hutt Borough Council, £200; the Petone Borough Council, £210; the Upper Hutt Borough Council, £100; the Eastbourne Borough Council, £50; the Hutt County Council, £150; the Makara County Council, £86; the Johnsonville Town Board, £27; the Wellington Harbour Board, £300; the Wellington Hospital Board, £1,000; and the Wellington City Council, £500.
32 Validating loan by Auckland Savings-bank of £50,000 to Auckland Harbour Board.
Whereas by Order in Council under the Local Government Loans Board Act, 1926, dated the sixth day of December, nineteen hundred and twenty-seven, and published in the Gazette of the eighth day of that month, the Auckland Harbour Board was authorized to borrow the sum of fifty thousand pounds: And whereas the said Board borrowed that sum from the trustees of the Auckland Savings-bank: And whereas the said trustees had no authority at law for so investing any of the funds of the said savings-bank, and it is desirable to validate such investment: Be it therefore enacted as follows:—
The investment by the trustees of the Auckland Savings-bank of the said sum of fifty thousand pounds by way of loan to the Auckland Harbour Board is hereby validated and declared to have been lawfully made.
33 Extension of overdraft facilities for certain electric-power Boards.
Where any loan or portion of a loan raised by an Electric-power Board has been guaranteed by the Government, and it appears in any year that the Board will not be able to meet its liabilities, including interest and sinking-fund charges, for that year if required to restrict the amount borrowed or owing by it by way of bank overdraft within the limits laid down by the Local Bodies’ Finance Act, 1921–22, as varied by section seventy of the Electric-power Boards Act, 1925, the Governor-General may by Order in Council authorize the Board to borrow or owe money by way of bank overdraft in excess of the limits laid down as aforesaid to the extent and on the conditions set out in such Order.
34 Loan to Southland Electric-power Board.
The Minister of Finance is hereby empowered, without further appropriation than this section, to pay to the Southland Electric-power Board by way of loan out of the Consolidated Fund a sum not exceeding fifteen thousand pounds, and the said Board is hereby empowered, without further authority than this section, to receive such loan. The loan hereby authorized shall bear interest at the rate of five and one-half per centum per annum, and shall be repayable by the Board within ten years of the date of the advance thereof by installments of such amount as may be fixed by the Minister.
35 Validating expenditure by local authorities in connection with welcome to Southern Cross aviators.
(1)
It shall be and be deemed to have been lawful for any local authority to expend out of its general fund any sum or sums of money for the purpose of welcoming, entertaining, and otherwise tendering hospitality to Commander Kingsford-Smith and his companions on the occasion of their aerial flight from Australia to New Zealand.
(2)
In this section “local authority”
means any City or Borough Council, Town Board, County Council, Road Board, or Harbour Board.
36 Authorizing advance by Public Trustee for purpose of erecting hostel in Tongariro National Park.
(1)
Notwithstanding anything in the Tongariro National Park Act, 1922, or in the Public Trust Office Act, 1908, or in any other Act, the Tongariro National Park Board may borrow from the Public Trustee, and the Public Trustee is hereby empowered to lend to the Board, such sum, not exceeding forty thousand pounds, as the Minister of Finance approves, to be applied as hereinafter set out.
(2)
Any loan approved as aforesaid shall be raised by the Board in manner provided by the Tongariro National Park Act, 1922, and shall be guaranteed by the Government. All principal or interest becoming payable in respect thereof shall, if and as often as any default is made by the Board in the payment of such principal or interest, be payable by the Minister of Finance out of the Consolidated Fund without further appropriation than this section. With respect to the debentures issued by the Board in connection with the loan the provisions of section eighty-seven of the Local Bodies’ Loans Act, 1926, shall with the necessary modifications apply, except that the term of any such debenture may exceed thirty-three years but shall not exceed forty years.
(3)
The Board is hereby authorized, with the approval of the Minister of Finance, to lend the whole or any portion of the moneys borrowed by it pursuant to this section to any company incorporated under the Companies Act, 1908, to which it has granted a lease or leases of any land within the Tongariro National Park, for the purpose of enabling the company to erect a hostel and other facilities on the area or areas so leased to it, such loan to be secured by a mortgage over the assets of the company with such collateral securities as the Board with the approval of the Minister of Finance arranges with the company.
(4)
The rate of interest chargeable on the loan and the terms and conditions to be inserted in any mortgage or other security shall be approved by the Minister of Finance.
(5)
In the event of the Board being at any time unable to pay any installment of principal or interest payable in respect of a loan guaranteed by the Government under this section, by reason of any default made by the company in complying with the terms of any mortgage, the Board shall exercise such of its powers of sale or reentry or otherwise in relation to the mortgage as the Minister of Finance may require.
37 Validating payment of £80 by Eltham Borough Council in respect of certain unemployment work.
The expenditure by the Eltham Borough Council in relief of unemployment of the sum of eighty pounds for the improvement of certain areas of land within the borough is hereby validated.
Part IV Miscellaneous
38 Section 23 of Massey Agricultural College Act, 1926, amended.
Section twenty-three of the Massey Agricultural College Act, 1926, is hereby amended, by adding the words “and for such other purposes in relation to the College as the Minister of Finance may from time to time approve.”
39 Authorizing Massey Agricultural College Council to establish an Imprest Account.
The Massey Agricultural College Council may, with the consent of the Minister of Finance and subject to such conditions as he may impose, establish an Imprest Account for such purposes as the said Minister may approve.
40 Payment of travelling-allowance to members of Massey Agricultural College Council.
(1)
Every member of the Massey Agricultural College Council, not being an officer of the Public Service, shah be paid such travelling-allowances as may be fixed by the Council with the approval of the Minister of Finance, and shall in addition be entitled to receive a refund of all moneys reasonably expended by him for railway, steamship, or other passenger fare in respect of his attendance at any meeting of the Council and in transacting the business thereof.
(2)
All moneys heretofore paid to members of the Council in respect of the matters aforesaid are hereby declared to have been lawfully so paid.
41 Temporary postponement of new age-limit for candidates for senior national scholarships.
Notwithstanding anything to the contrary in section one hundred and two of the Education Act, 1914, as amended by section eight of the Education Amendment Act, 1926, candidates who are over fifteen but not over sixteen years of age on the first day of December in the year nineteen hundred and twenty-eight or the year nineteen hundred and twenty-nine, as the case may be, may compete for senior national scholarships at the examinations held in such year and may be awarded scholarships.
42 Authorizing payment to Public Trustee of certain unclaimed moneys paid into Public Account from the estate of Sarah Jane White, of Auckland (deceased).
Whereas in the year eighteen hundred and eighty-eight the sum of three hundred and fifty-four pounds sixteen shillings and eightpence was, pursuant to the provisions of section sixty-seven of the Trustee Act, 1883, paid into the Public Account by the trustees of the will of Sarah Jane White, of the City of Auckland, widow (deceased), in trust to attend the orders of the Supreme Court: And whereas no order has since been made by the Supreme Court in relation to such moneys, which remain in the Public Account: And whereas it is desirable that the aforesaid sum of three hundred and fifty-four pounds sixteen shillings and eightpence should be paid to the Public Trustee for administration in terms of the Public Trust Office Act, 1908, and its amendments: Be it therefore enacted as follows:—
The Minister of Finance is hereby empowered and directed to pay to the Public Trustee the aforesaid sum of three hundred and fifty-four pounds sixteen shillings and eightpence, and for the purposes of the receipt and application of the said sum, but not further or otherwise, the Public Trustee is hereby declared to be the administrator of the estate of the aforesaid Sarah Jane White.
43 Authorizing Public Trustee to purchase out of revenues of Howard Estate shares in Hawke’s Bay Farmers’ Meat Co., Ltd.
Notwithstanding anything to the contrary in the Howard Estate Act, 1919, the Public Trustee is hereby authorized to expend out of the revenues derived by him from the administration of the Howard Estate a sum not exceeding sixty pounds in the purchase of shares in the Hawke’s Bay Farmers’ Meat Company, Limited.
44 Authorizing payments to J. J. Esson, Esquire, C.M.G., in respect of special services.
Notwithstanding anything in the Public Service Superannuation Act, 1927, payment may be made to James Jacob Esson, Esquire, C.M.G., of a sum equal to the amount deducted or deductible from his superannuation allowance under the said Act in respect of fees or other payments received or receivable by him for special services rendered as Chairman of the Rural Intermediate Credits Board.
45 Authorizing the preparation and approval of a scheme under Part III of the Religious, Charitable, and Educational Trusts Act, 1908, in relation to certain funds held by executrix of the late W. H. Hazard.
Whereas the executrix of the late Colonel W. H. Hazard is possessed in trust of certain funds representing accumulations of savings effected during the war by the said Colonel W. H. Hazard as Commander of the Auckland Garrison Artillery Division, in relation to the rationing of that division: And whereas it is desirable that authority should be given for the disposal of such funds pursuant to a scheme prepared and approved in accordance with Part III of the Religious, Charitable, and Educational Trusts Act, 1908: Be it therefore enacted as follows:—
A scheme for the disposal of the said funds may be prepared and dealt with under Part III of the Religious, Charitable, and Educational Trusts Act, 1908.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Finance Act 1928
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