Reprint as at 3 June 2017
Finance Act (No 2) 1953: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Treasury.
An Act to make provision with respect to public finance and other matters
This Act may be cited as the Finance Act (No 2) 1953.
(1)
In this section, unless the context otherwise requires,—
Minister means the Minister of Defence; and includes any person for the time being authorized to exercise or perform any of the Minister’s powers or functions under this section
serviceman means a person to whom the Minister has granted a war service gratuity before the passing of this Act in respect of his service in connection with the Second World War or before or after the passing of this Act in respect of his service in connection with the emergency in Korea.
(2)
The total war service gratuity that may be granted in respect of any serviceman who is in receipt of a pension under the War Pensions Act 1943 as a result of his service shall be not less than the appropriate amount hereinafter specified, that is to say—
where the war pension is a permanent pension for total disablement, the sum of 200 pounds:
where the war pension is a permanent pension for partial disablement, a sum bearing to 200 pounds the same proportion as the amount of the pension bears to the amount of the permanent pension to which the member would be entitled if he were totally disabled:
provided that where a permanent pension for partial disablement is increased or is subsequently adjusted to become payable for total disablement, the war service gratuity already paid to the member may be further supplemented in accordance with this paragraph, but so that the aggregate amount so paid shall not exceed 200 pounds:
where the war pension is a temporary pension, a sum representing the amount of gratuity payable for the member’s service plus 10%, but so that the aggregate amount shall not exceed the amount to which the serviceman would have been entitled if the pension had been permanent:
provided that where the temporary pension is converted into a permanent pension for total or partial disablement, the war service gratuity already paid to the serviceman under this paragraph may be further supplemented in accordance with paragraph (a) or paragraph (b).
(3)
Subject to the provisions of this section, where any serviceman has died, the Minister may in his discretion grant a war service gratuity in accordance with this section, or any part of such a gratuity, to or for the benefit of such dependant or dependants of the serviceman, or to such other person or persons, in such manner, and in such proportions, as the Minister thinks fit.
(4)
Where the death of the serviceman—
is attributable to his service, whether within or outside New Zealand; or
has occurred during his service outside New Zealand,—
the total war service gratuity that may be granted, including any amount granted under subsection (3), shall be not less than 200 pounds.
(5)
Where the serviceman was at the date of his death in receipt of a war pension, in any case to which subsection (4) does not apply, the total war service gratuity that may be granted, including any amount granted under subsection (3), shall be not less than the appropriate amount specified in subsection (2), according to the nature of the war pension being paid at the date of death.
(6)
Any money granted by way of war service gratuity under subsection (3) shall be deemed not to form part of the estate of the deceased serviceman.
(7)
Payment of any amount under this section shall be made by direct payment to the person to whom it is granted or by depositing the amount in an ordinary Post Office Savings Bank account.
(8)
The following regulations are hereby revoked:
the War Service Gratuities Emergency Regulations 1945 (SR 1945/172):
the War Service Gratuities Emergency Regulations 1945, Amendment No 1 (SR 1947/179):
the War Service Gratuities Emergency Regulations 1945, Amendment No 2 (SR 1949/45):
the War Service Gratuities Emergency Regulations 1945, Amendment No 3 (SR 1950/4):
the War Service Gratuities Emergency Regulations 1945, Amendment No 4 (SR 1950/49).
The payment during the present financial year into the Canteen Fund established under the Patriotic and Canteen Funds Act 1947 from the Deposits Account within the Public Account of the sum of 71,725 pounds 8 shillings and 8 pence, being New Zealand’s share in the distribution of the realized profits of the British Commonwealth Occupation Forces Canteens Service, is hereby validated and declared to have been lawfully made.
All sums issued under section 58 of the Public Revenues Act 1926, during the financial year that ended on 31 March 1953, in excess of the limits prescribed by subsection (3) of that section (as substituted by section 7 of the Finance Act 1947) are hereby declared to have been lawfully issued and paid.
Amendment(s) incorporated in the Act(s).
All payments made before 20 June 1952 (being the date of the commencement of the Magistrates’ Travelling Allowances Regulations 1952) that would have been lawful if those regulations had been in force when they were made are hereby validated and declared to have been lawfully made.
Where the Department of Agriculture exercises or proposes to exercise any function in relation to any primary products, foodstuffs, or goods, the Minister of Agriculture may enter into an agreement with such persons as in the opinion of the Minister are representatives of the industry concerned, providing—
for the keeping by the Department of a separate account for the purpose of recording, in accordance with the agreement, the receipts and expenditure of the Department in relation to those primary products, foodstuffs, or goods; and
for the holding of any surplus which may from time to time accrue in the separate account for the benefit of the industry concerned.
Where any such agreement has been entered into by the Minister of Agriculture before or after the passing of this Act, or by any other Minister before the passing of this Act, there may from time to time, without further appropriation than this section, be paid out of the appropriate account kept under the Marketing Act 1936 such sums as the Minister of Agriculture, after consultation with representatives of the industry concerned, may approve.
Any money paid under subsection (2) to any Board or Commission or other body established in connection with the industry concerned may be expended by that body for such purposes for the benefit of the industry as may be directed or approved by the Minister of Agriculture.
All acts done before the passing of this Act that would have been valid if this section had been in force when they were done, and had conferred the same powers and functions on every other Minister as on the Minister of Agriculture, are hereby validated and declared to have been lawfully done.
This section is in substitution for section 5 of the Finance Act (No 2) 1948, and that section is hereby accordingly repealed.
Section 8: repealed, on 1 April 1978, by section 163(1) of the Public Finance Act 1977 (1977 No 65).
The payment by the New Zealand Meat Producers Board out of its funds during the 2 financial years ending on 30 June 1953, of sums amounting to 6,404 pounds 9 shillings to the Southland Farmers’ Freezing Company Limited, as a loan to be applied towards the preliminary expenses of that company, is hereby validated and declared to have been lawfully made.
Section 10: repealed, on 1 December 1961, by section 28 of the Motor Spirits Duty Act 1961 (1961 No 10).
Section 11: repealed, on 1 May 1963, by section 201(1) of the Transport Act 1962 (1962 No 135).
Section 12: repealed, on 1 December 1961, by section 2(2) of the Scientific and Industrial Research Amendment Act 1961 (1961 No 99).
Part 2: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 13: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 14: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 15: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 16: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 17: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 18: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
Section 19: repealed, on 21 October 1955, by section 42(1) of the Housing Act 1955 (1955 No 51).
It shall be lawful and be deemed to have been lawful for any local authority or public body to expend moneys out of its general fund or account in connection with public functions of farewell to Their Excellencies Lord and Lady Freyberg and public functions of welcome to Their Excellencies Sir Willoughby and Lady Norrie.
Section 21: repealed (with effect on 1 April 1957), on 23 September 1958, by section 6(2) of the Auckland Harbour Bridge Amendment Act 1958 (1958 No 29).
Part 4: repealed, on 1 April 1988, pursuant to section 5(2) of the Engineers Registration Amendment Act 1988 (1988 No 61).
Section 22: repealed, on 16 December 1982, by section 15 of the Banking Act 1982 (1982 No 144).
Section 23: repealed, on 16 December 1982, by section 15 of the Banking Act 1982 (1982 No 144).
Section 24: repealed, on 21 October 1955, by section 59(1) of the Tenancy Act 1955 (1955 No 50).
Section 25: repealed, on 5 February 1956, by section 50(1) of the Shops and Offices Act 1955 (1955 No 32).
Section 26: repealed, on 1 February 1982, by section 248(1) of the Public Works Act 1981 (1981 No 35).
Section 27: repealed, on 1 April 1988, by section 5(2) of the Engineers Registration Amendment Act 1988 (1988 No 61).
Section 28: repealed, on 1 April 1988, by section 5(2) of the Engineers Registration Amendment Act 1988 (1988 No 61).
Section 29: repealed, on 1 April 1988, by section 3(2)(b) of the Engineers Registration Amendment Act 1988 (1988 No 61).
s 10
Schedule: repealed, on 1 December 1961, by section 28 of the Motor Spirits Duty Act 1961 (1961 No 10).
This is a reprint of the Finance Act (No 2) 1953 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
Statutes Repeal Act 2017 (2017 No 23): section 3(1)
Engineers Registration Amendment Act 1988 (1988 No 61): sections 3(2)(b), 5(2)
Banking Act 1982 (1982 No 144): section 15
Public Works Act 1981 (1981 No 35): section 248(1)
Public Finance Act 1977 (1977 No 65): section 163(1)
Transport Act 1962 (1962 No 135): section 201(1)
Scientific and Industrial Research Amendment Act 1961 (1961 No 99): section 2(2)
Motor Spirits Duty Act 1961 (1961 No 10): section 28
Auckland Harbour Bridge Amendment Act 1958 (1958 No 29): section 6(2)
Housing Act 1955 (1955 No 51): section 42(1)
Tenancy Act 1955 (1955 No 50): section 59(1)
Shops and Offices Act 1955 (1955 No 32): section 50(1)