Local authorities engaged in supply of energy

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Land Tax Amendment Act (No 2) 1988

Public Act		1988 No 124
Date of assent		28 July 1988

	Title
1	Short Title and application
2	Exemption of certain classes of land
3	Local authorities engaged in supply of energy
	Administrative information

An Act to amend the Land Tax Act 1976

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and application

(1)

This Act may be cited as the Land Tax Amendment Act (No. 2) 1988, and shall be read together with and deemed part of the Land Tax Act 1976 (hereinafter referred to as the principal Act).

(2)

This Act shall apply with respect to the land tax for the year of assessment commencing on the 1st day of April 1988 and for every subsequent year.

2 Exemption of certain classes of land

(1)

Section 27(1) of the principal Act is hereby amended by repealing paragraph (p) (as added by section 3(2) of the Land Tax Amendment Act 1983), and substituting the following paragraphs:

“(p)

Land which is used principally as the site of any residence (being a house, flat, townhouse, home unit, or similar dwelling):

“Provided that where the area of land on which a residence is situated is greater than—

“(i)

4,500 square metres; or

“(ii)

An area that would be reasonably appropriate for residential purposes, having regard to the size and character of the residence or residences on the land, and to the nature of the land,—

such proportion of the value of the land as the Commissioner determines is not attributable to residential purposes shall not be exempt under this paragraph:

“(q)

Lana which is used principally as the site for any establishment (not being an establishment that caters principally for temporary or transient accommodation) in the nature of—

“(i)

A boardinghouse, lodginghouse, or hostel; or

“(ii)

A private residential hotel (not being premises in respect of which a hotel premises licence or a tourist-house premises licence is in force under the Sale of Liquor Act 1962):

“(r)

Land which is used principally as the site of any home for the aged (within the meaning of section 1 20a(3) of the Health Act 1956):

“(s)

Land to the extent that it is used as the site for a building (including servicing and landscaped areas associated with the building) that is classified by the New Zealand Historic Places Trust in terms of paragraph (a) or paragraph (b) of section 35(1) of the Historic Places Act 1980 (except where the classification relates solely to the facade of a building).”

(2)

Section 27(1) of the principal Act is hereby amended—

(a)

By repealing paragraph (aa) (as inserted by section 5(1) of the Lana Tax Amendment Act (No. 2) 1986):

(b)

By repealing paragraph (m).

(3)

Section 2 of the principal Act is hereby consequentially amended by repealing the definition of the term “residential leasehold land” (as inserted by section 5(4) of the Land Tax Amendment Act (No. 2) 1986).

3 Local authorities engaged in supply of energy

The definition of the term “specified amount” in section 28a(1) of the principal Act (as inserted by section 6(1) of the Land Tax Amendment Act (No. 2) 1986) is hereby amended—

(a)

By inserting in item b, before the words “year of assessment” in both places where they occur, the words “year preceding the”:

(b)

By inserting in item c, before the words “year of assessment”, the words “year preceding the”.

This Act is administered in the Inland Revenue Department.

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Land Tax Amendment Act (No 2) 1988