Statutes Repeal Bill Exposure Draft Explanatory Material (2024)

THIS CONSULTATION IS NOW CLOSED.

The Treasury, which in conjunction with Parliamentary Counsel Office is co-ordinating the development of the Statutes Repeal Bill, is seeking public feedback on whether:

The Treasury also welcomes views on other Acts or provisions that might be redundant or spent, and could be candidates for this or a future Statutes Repeal Bill.

Feedback on the exposure draft, or suggestions for further repeals, can be sent by:

It would be helpful if submissions in hard copy were also provided in electronic form.

Please supply your name and address (including a telephone number or email address) so that we can contact you if we need to clarify anything in your comments.

This work is undertaken by the Treasury in conjunction with the Parliamentary Counsel Office. We intend to publish all submissions online, other than submissions that may be defamatory. We will not publish the content of your submission if you state that you object to its publication when you provide it. However, we intend to publish all submissions on this website, other than submissions that may be defamatory, or where a submitter requests that we do not publish their submission. Therefore if you object to the content of your submission being published, please state this when you provide it.

However, your submission will be subject to the Official Information Act 1982 and may be released in part or full on request. The Privacy Act 1993 also applies. Therefore, if you have any objections to the release of any information contained in your submission, when making your submission please identify which parts of your submission you request to be withheld and the grounds under the Official Information Act for doing so.

The opinions and options contained in this document and the exposure draft Statutes Repeal Bill are for consultation purposes only and do not reflect final Government policy. Please seek specific legal advice from a qualified professional person before undertaking any action based on the contents of this publication.The contents of this document and the Bill must not be construed as legal advice.

The Government does not accept any responsibility or liability whatsoever for an action taken as a result of reading, or reliance placed because of having read any part, or all, of the information in this document, or the Bill, or for any error, inadequacy, deficiency, flaw in or omission from this document, or the Bill.

This paper is a companion document to the exposure draft of the Statutes Repeal Bill.The Government approved, in August 2015, the release of an exposure draft of the Statutes Repeal Bill.

Departments have identified a number of Acts or provisions that appear to be redundant.Following a process of departmental review, the Acts and provisions set out in the exposure draft have been approved for repeal by the relevant Ministers.

Before the Government introduces the Statutes Repeal Bill to Parliament, however, it seeks to confirm departmental advice that the proposed repeals will not adversely impact on any party and are suitable for repeal.

As part of its recent response to the New Zealand Productivity Commission report on Regulatory Institutions and Practices, the Government indicated that it was looking at ways to better keep legislation up to date, such as use of omnibus Bills to repeal redundant legislation, or make technical or minor policy changes. It also announced its intention to introduce a Statutes Repeal Bill during 2015.

The proposed Statutes Repeal Bill is a successor to the Regulatory Reform (Repeals) Act 2012 which repealed 31 Acts, and then also repealed itself. Prior to this Act, an omnibus Bill to repeal redundant statutes had not been passed in New Zealand since 1907.

The purpose of the Statutes Repeal Bill is to maintain a body of legislation that is up to date and fit for purpose by repealing legislation that is unnecessary and spent. Maintaining a quality regulatory environment requires ensuring that the existing body of legislation is relevant, up to date and fit for purpose. Achieving this will reduce the costs of both administering and using legislation. In particular many less experienced users of legislation may quite reasonably assume that if a law remains on the books that it must serve some purpose or function when this is often not the case.

A key benefit of omnibus repeal Bills is that they provide a timely and cost effective method of collectively repealing spent Acts. The time and cost associated with individual repeals is hard to justify so without an omnibus Bill spent Acts can sit in the statute books indefinitely.

This paper has two Parts.

Part 1 is an overview of the process of putting together the exposure draft Statutes Repeal Bill, and outlines the types of Acts proposed for repeal in the Bill.

Part 2 describes in more detail the Acts being repealed.

Candidate Acts and provisions for repeal have been selected on the basis that they are redundant, either because they are spent, or are no longer required, or are designed to achieve regulatory outcomes that are no longer relevant.

In some cases where an Act contains a small number of provisions that remain of use, the Bill will save those provisions from the Act being repealed by inserting them into another appropriate Act.

Each public Act included in the exposure draft was recommended for repeal by the department or agency that administers it. This followed a process of review by departments to ensure that each Act met the criteria for being redundant.

The exposure draft does not yet incorporate all consequential amendments to enactments that may be necessary as a result of amendments.

In most cases the Act is considered redundant because it is spent and has no ongoing effect on any party. Many of the Acts primarily existed to fulfil a one off function or facilitate a one off transfer, and become spent once that is complete. Other Acts may be redundant because the purpose they fulfilled is no longer relevant or has been superseded by more modern legislation.

The repeal of many Acts is possible because of the general savings provisions in section 17 of the Interpretation Act 1999. These provide that the repeal of a statute does not affect:

The repeal of an Act also does not revive an enactment that has been repealed or a rule of law that has been abolished, or any other thing that is not in force or existing at the time the repeal takes effect. All Acts repealed by the Bill would continue to be found in the repealed statute part of the New Zealand Legislation website.

Most of the Acts proposed for repeal or partial repeal are public Acts. They are administered by a variety of departments and dealt with numerous different issues. Below is a summary of the kinds of Acts scheduled for repeal, which might help you navigate the Bill when looking for Acts that may be of interest. All Acts for repeal in this Bill can be viewed on the New Zealand Legislation website http://www.legislation.govt.nz.

61 of the Acts for repeal in the Bill are Finance Acts. Finance Acts contain a wide variety of provisions. Most relate to the financial management of Government, including authorising and validating expenditure or actions by central government, government owned entities, local authorities and Members of Parliament.

Part two describes the Finance Acts proposed for repeal section by section.

Some Acts or sections within Acts do not come into force unless brought into force by an Order in Council. Legislation that has received Royal assent but is not yet in force because an Order in Council has not been made is latent.

This Bill repeals some latent enactments, where the Government has determined that the enactments will not be brought into force.

Private Acts are promoted by an individual, body or entity outside Parliament to deal with their particular interests or circ*mstances. They have been passed to create special exemptions to the law to deal with unique circ*mstances, or to assist with the constitution of a body such as a church, an education institution or a club. Private Acts are not administered by any department.

Name of Act

Description

Administration of Community Sentences and Orders Act 2013 Section 45(1).

This section is related to the Sentencing Council Act 2007, which is proposed for repeal.

Auckland Harbour Bridge Dissolution Authority Act 1983

This Act dissolved the Auckland Harbour Bridge Authority. Several provisions remain operative including section 2 which defines the Auckland Harbour Bridge (AHB) to exclude other structures which do not form part of the bridge; section 6(1), which declares the AHB to be a motorway, section 9, which provides that the AHB be adequately lighted for the safety of ships and aircraft in the vicinity and section 10 which provides that the agency must approve any persons before they can carry out maintenance or repair work on certain aspects of the AHB. These sections will be saved in the Government Roading Powers Act 1989.

Children's Health Camps Board Dissolution Act 1999

This Act provides for the dissolution of the Children’s Health Camps Board and the establishment of the New Zealand Foundation for Child and Family Health and Development. The Foundation is now a registered charitable trust and no longer needs the provisions of this Act. Section 14 protects the emblem of the King George the Fifth Memorial Children’s Health Camps Federation. This section will be saved in the Flags, Emblems, and Names Protection Act 1981.

Christchurch-Lyttleton Road Tunnel Authority Dissolution Act 1978

This Act dissolves the Christchurch-Lyttleton Road Tunnel Authority.

Consolidated Statutes Enactment Act 1908

This Act repealed all the Public General Acts of New Zealand and replaced them with 208 consolidated Acts.

Consumer Council Act Repeal Act 1988

This Act abolishes the Consumer Council and the Consumer Institute, establishes an incorporated society, and repeals the Consumer Council Act 1966.

Counties Insurance Empowering Act 1941

The purpose of this Act was to authorise County Councils and Municipal local authorities respectively, to form co-operative insurance companies. In both cases, the consent of the Minister of Finance was required to the registration of the company, and to any amendment to its constitution or articles of association. These functions are now covered by general empowering provisions in the Local Government Act 2002.

Customs Law Act 1908

Only 3 sections remain. These allow New Zealand to impose the same restrictions on commonwealth ships that are imposed in their country of origin. The term ‘commonwealth ships’ was dropped when the Maritime Transport Act 1994 replaced the Shipping and Seamen Act 1952.The Ministry of Transport has not had any involvement with this Act in the recent past. The remaining provisions appear to be inconsistent with New Zealand’s obligations under the WTO, as they constitute retaliatory measures.

Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998

This Act closes the savings schemes accounts provided for by the Farm Ownership Savings Act 1974 and the Fishing Vessel Ownership Savings Act 1977 (each of which is also recommended for repeal). These accounts should now be closed.The Treasury has consulted with the relevant Banks (via the New Zealand Bankers’ Association) and Building Societies to determine whether any residual accounts are in existence. Approval for the repeal of this Act was sought subject to confirmation from the relevant banks and building societies that: - there are no residual accounts; or - the relevant banks or building society will be able to close the relevant accounts before the Bill is enacted. That confirmation has been received.

Farm Ownership Savings Act 1974

This Act encourages saving for farm ownership through the Farm Ownership Accounts. It was amended by the Farm Ownership Savings Amendment Act 1987 so that no accounts were to be opened on or after 19 June 1987. After the Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 was enacted all Farm Ownership Accounts in existence on 30 June 2001 were required to be closed and their balances paid to their depositors. These accounts should now be closed.As noted above, consultation with the Banks and relevant Building Societies occurred to determine whether all of the relevant accounts have been closed. That confirmation has now been received.

Fisheries Act 1996Sections 314(1)(a) to (c) and 338.

Section 314 would repeal certain sections of the Fisheries Act 1983. Most of this Act has already been repealed and the remaining provisions will be dealt with when required by legislation. Section 338 if brought into force would create a one off transitional 18 month fishing year for packhorse rock lobsters. There are no plans to implement this.

Fishing Vessel Ownership Savings Act 1977

This Act encourages saving for fishing vessel ownership through Fishing Vessel Ownership Accounts (as defined in that Act). It was amended by the Fishing Vessel Ownership Savings Amendment Act 1984 so that no accounts were to be opened on or after 1 January 1985. After the Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 was enacted all Fishing Vessel Ownership Accounts in existence on 30 June 2001 were required to be closed and their balances paid to their depositors. This Act appears to be spent on the basis that these accounts should now be closed.As noted above, consultation with the banks and relevant building societies occurred to determine whether all of the relevant accounts have been closed. That confirmation has now been received.

Forests Amendment Act 1996

The Act was intended to create a registration regime for contracts between forest owners and other people where the contract was for the harvest or sale of forests. The general laws of property and contract will manage the interests covered by the Act.

Government Superannuation Fund Amendment Act (No 2) 1990Section 12

If brought into force, section 12 would change the way in which contributions are paid into the Government Superannuation Fund (the Fund). Currently there is a distinction between “funding” employers and “non-funding” employers. The impact of section 12 would be that “non-funding” employers (such as Government departments) would pay directly to the Fund instead of through the Crown making a global payment on their behalf. The Government does not intend to bring this section into force.

Hawke’s Bay Earthquake Act 1931

This Act creates powers, including a Court, associated with the recovery from the Hawke’s Bay Earthquake in 1931. This purpose has been achieved.The Hawke’s Bay Regional Council, Napier City Council and Hastings District Council have been consulted. Councils have confirmed that there are no objections to its repeal.

Hawke’s Bay Earthquake Relief Funds Act 1931

The Act established a body corporate under the name of the Central Committee of the Hawke's Bay Earthquake Relief Funds. This Committee has completed its work.

Hutt Road Act 1939

This Act abolished the Wellington City and Suburban Highways Construction Board of Control which was established in 1924, vested portions of the Hutt Road in respective local authorities and provided that the Council refund any unexpended monies contributed by local authorities to the construction of the Hutt Road.

Labour Department Act Repeal Act 1989

Repeals the Labour Department Act 1954.

Licensing Fund Act 1989

This Act continued the Licensing Fund established under legislation that has since been repealed. The Licensing Fund account has been closed.

Local Authority Reorganisation (Property Transfers) Act 1990

The Act was passed following the 1989 nationwide reorganisation of local government. It enabled the Local Government Commission to investigate any transfer of property by a former local authority that occurred between 14 November 1988 and 31 October 1989.

Local Restoration Polls Act 1990

This Act relates to local restoration polls, which legalise liquor sales in previously ‘dry’ districts. All areas in New Zealand now permit the sale of alcohol.

Marine and Power Engineers Institute Industrial Disputes Act 1974

Section 3 declares the institute and each branch to be societies of workers for the purposes of Part 10 of the Industrial Relations Act 1973. The Industrial Relations Act 1973 was repealed by section 358(1) of the Labour Relations Act 1987 which was in turn repealed by section 174 of the Employment Contracts Act 1991 which was in turn repealed by section 241 of the Employment Relations Act 2000.

Medicines Amendment Act 2013Sections 2(1), 5(2), 8, 11 to 15, 17 to 21, 29(1), 32, 33(2), and 34.

Since the Medicines Amendment Act 2013 was passed the Government has made significant decisions in respect of how it wishes to regulate therapeutic products in New Zealand such that it is no longer necessary or desirable for these provisions to come into force. These provisions have a default commencement date of 1 July 2017.

Mental Hospitals Reserves Act 1908

This Act provides for the transfer of Mount View Reserve to Wellington hospital and the transfer of Wellington Hospital Reserve to the Crown. The Transfer provisions in the Act are spent. It further allows the Governor (as it was then) to grant leases of Wellington Hospital Reserve and Nelson Mental Hospital Reserve on behalf of the Crown and that any lease proceeds be paid into the public account. Land owners can now make their own lease arrangements. The Act further required that the Mount View Reserve be held on trust as a hospital for infectious diseases, and that the Wellington Hospital Reserve be “reserved and set apart accordingly as an endowment for the establishment and maintenance of mental hospitals”. Neither of these actions has been done, and it would be neither possible nor desirable to rectify these breaches as the former reserve is now owned by the Wellington City Council, the concept of an infectious diseases hospital is outdated, and it would be impractical to require that the later reserve operate as a ‘mental hospital’.

Ministry of Economic Development Act 2000

This Act provides for transitional matters relating to the change of name of the Ministry of Commerce, the Secretary of Commerce to the Ministry of Economic Development and the chief executive of the Ministry of Economic Development. The Ministry of Economic Development no longer exists.

Mortgagors and Lessees Rehabilitation Act 1936

This Act was passed to address the economic depression in the early 1930s. It is unlikely there are any mortgages or leases to which the Act still applies.

Mount Albert Licensing Trust Dissolution Act 1986

This Act provides for the dissolution of the Mount Albert Licensing Trust and to include its trust area in that of the Portage Licensing Trust.

Municipal Insurance Act 1960

The purpose of this Act was to authorise County Councils and Municipal local authorities respectively, to form co-operative insurance companies. In both cases, the consent of the Minister of Finance was required to the registration of the company, and to any amendment to its constitution or articles of association. These functions are now covered by general empowering provisions in the Local Government Act 2002.

National Development Act Repeal Act 1986

Repeals the National Development Act 1979.

National Expenditure Adjustment Act 1932

The parts and sections within those parts that are still in force (public expenditure adjustment, reduction of pensions and allowances payable out of the Consolidated Fund, reduction of interest, rent, and other fixed charges, stamp duty on receipts of interest from government and local bodies securities, rates of interest on deposits payable by investment societies and Trading companies deposits) are referring to processes and authorities that are no longer applicable, or that are covered by more recent legislation such as the Public Finance Act 1989 and Members of Parliament (Remuneration and Services) Act 2013.

New Zealand Council for Postgraduate Medical Education Act Repeal Act 1990

This Act dissolved the New Zealand Council for Postgraduate Medical Education.

New Zealand Export–Import Corporation Dissolution Act 1992

The New Zealand Export-Import Corporation was established in 1974. Its objective was to promote and encourage the development of overseas trade. It ceased trading in November 1990 and was deemed no longer necessary for New Zealand’s trading capability. The New Zealand Export-Import Corporation Dissolution Act 1992 was enacted to dissolve the Corporation. The Act has served its purpose as the company has been dissolved and the 5 year prohibition on registering a company with the same name has expired.

New Zealand National Airways Corporation Dissolution Act 1978

In 1978 the New Zealand National Airways Corporation (NAC) was merged with Air New Zealand Limited. This Act dissolved the NAC and transferred its liabilities and assets to Air New Zealand. Air New Zealand was consulted, and agreed that all provisions are spent.

Okarito Harbour Act 1932-33

This Act empowers the Governor General by Order in Council to vest control and management of the Okarito Harbour to any persons for a period not exceeding 25 years. Only one Order was ever made under this Act to provide for the construction of harbour works, which has since expired. Any harbour works of this nature can be dealt with under the Resource Management Act 1991, and vesting of control can also be met under the current system of leasing land.

Parole Amendment Act 2007Sections 4(1), (3), and (7), 16, 48, 49, and 67.

These sections are related to the Sentencing Council Act 2007, which is proposed for repeal.

Post Office Act Repeal Act 1987

Repeals the Post Office Act 1959 and winds up various funds associated with the Post Office.

Public Safety Conservation Act Repeal Act 1987

This Act repeals the Public Safety Conservation Act 1932.

Public Service Investment Society Management (No 2) Act 1979

This Act provides for the protection of depositors and creditors of the Public Service Investment Society Limited and its associated companies. This Act ceased to apply to the Public Service Investment Society Limited and all the companies named in Schedule 1 of that Act as a result of the Public Service Investment Society Management Order 1987.

Rent Restriction Act 1924

Only two sections remain in force. The title section and section 6 which amends the Housing Amendment Act 1921-22. This amendment has already occurred, and subsequently the Housing Amendment Act 1921-22 has been repealed.

Rent Restriction Extension Act 1931

The purpose of this legislation is to create special provisions as to the application of rent restriction legislation to dwelling houses in the Hawke’s Bay earthquake area. This purpose is spent as there is no longer need for special legislation to respond to the 1931 Hawke’s Bay Earthquake, and much of the legislation which it applies to has been repealed, including the Hawke’s Bay Earthquake Act 1931 which is proposed for repeal in this Bill.

Royal New Zealand Institute of Horticulture Act 1953

The Royal New Zealand Institute of Horticulture (RNZIH) is incorporated under the Incorporated Societies Act 1908 and has been given a Royal Charter. This Act empowers the RNZIH to grant certificates and hold examinations as part of a qualification framework for horticulture and apiculture. These powers are no longer required as the New Zealand Qualifications Framework provides a framework for horticulture and apiculture qualifications. Repeal of this Act will not affect the status of the RNZIH or its royal charter. The RNZIH has been consulted on the repeal of this Act.

Rugby World Cup 2011 (Empowering) Act 2010

Section 9 provides that Parts 4 and 5 expire on 31 October 2011. Parts 4 and 5 have expired. The rest of the Act expires on the date specified in the Order in Council made under section 15. The Rugby World Cup 2011 (Dissolution) Regulations 2014 (LI 2014/342) provided that the Act expired on 4 December 2014 (the commencement date of the Regulations). Part 2 establishes the Rugby World Cup Authority. The Authority continues until it is dissolved in accordance with section 15. The Authority has been dissolved.

Seamen’s Union Funds Act 1971

This Act provided for the management of the assets of the deregistered New Zealand Seamen's Industrial Union of Workers. The Act vests the assets of the union in the Public Trust until they are vested in a new union. The inclusion in the final Bill is still subject to consultation with Public Trust.

Sentencing Amendment Act 2007Sections 5, 6(1), 12, 15, 45, 46, 49(1), (2), and (5), and 52 to 54.

These sections are related to the Sentencing Council Act 2007, which is proposed for repeal.

Sentencing Council Act 2007

The Sentencing Council Act 2007 came into force on 1 November 2007 but was not implemented. No appointments have been made to the Council. Repealing the Act will clarify that the Sentencing Council will not be created.

Southland Electricity Act 1993

This Act provides for the acquisition by the Crown of shares in the capital of The Power Company Ltd (PCL), a company incorporated under the Companies Act 1955, the vesting in PCL of the assets and liabilities of the Southland Electrical Power Supply and Crown administration and control over PCL.In 1998 the Crown transferred its shares in PCL to the trustees of the Southland Electrical Power Supply Consumer Trust. The Act is no longer required since the Crown is now not the shareholder of PCL and no longer exercises any ownership control.Officials have consulted with PCL and the Southland Electrical Power Supply Consumer Trust, on the repeal of this Act.

Sport and Recreation New Zealand Act 2002Sections 18 to 22, Sections 53 to 61

Repealing sections 18-22 would abolish the 3 person Nominations Advisory Group (NAG) which gives nonbinding advice to the Minister about new appointments to the Sport New Zealand board. The provisions were intended to be in place for around 7 years while the entity was becoming established. Abolishing it would bring the appointments process for the board in line with other Crown entities (e.g. District Health Boards). Sections 53-61 relate to the abolition of the Hillary Commission. They have been completed and are now redundant.

State Insurance Act 1990

The Act enabled Ministers to form and register a private company under the Companies Act 1955, and to vest the assets and liabilities of the State Insurance Office and the State Insurance General Manager in that company. This private company is State Insurance Ltd, which was initially sold to Norwich Union and is now wholly owned by Insurance Australia Group (IAG). IAG New Zealand Ltd (part of the IAG group) has been consulted on the repeal of this Act.

State Sector Act 1988Sections 96 to 105, 107 to 109, 110(3) and (4), and 112.

These are miscellaneous transitional provisions providing for the transition to the State Sector Act 1988. They are considered to have been completed.

State Sector Amendment Act (No 2) 2004

The Act consists of just 3 sections (including title and commencement). Section 16 can be transferred to the State Sector Act, allowing for the rest of the Act to be repealed.

Statutes Repeal Act 1907

This Act repealed a number of spent Acts.

Taranaki Harbours Act 1965

This Act constituted the Taranaki Harbours Board and dissolved the Taranaki Harbour Board and the Patea Harbour Board. In 1989 all harbour boards, with the exception of the Marlborough Harbour Board, were abolished as part of local government reorganisation. All assets have been divided between regional and territorial authorities.

Terralink NZ Limited (Transfer of Employees) Act 1996

Terralink was a State Owned Enterprise which went into receivership in 2001 and was struck off the companies register on 5 April 2013. Any existing entitlements of former Terralink employees will be preserved under other legislation.

Tobacco Growing Industry Repeal Act 1987

This Act abolishes the Tobacco Board.

Tourist Hotel Corporation of New Zealand Act 1989

This Act provides for the incorporation of the Tourist Hotel Corporation of New Zealand Limited under the Companies Act 1955. This has already occurred and, as such, the provisions of the Act are spent. The Tourism Hotel Corporation of New Zealand Ltd (Company Number 466408) was dissolved on 8 August 2000 and has been struck off. In light of this, MBIE and the Treasury see no reason for the Act to remain on the statute book.

Trade and Industry Act Repeal Act 1988

Abolishes the Department of Trade and Industry and repeals the Trade and Industry Act.

Waimakiriri-Ashley Water Supply Act 1961

This Act (formerly titled the Counties Amendment Act 1961) continued the existence and powers of the Waimakiriri-Ashley Water Supply Board, the only water supply board constituted under the Water Supply Act 1908 remaining in existence by 1961. All the operative provisions in the 1961 Act weresubsequently consequentially repealed in favour of generic water supply and water-race provisions in the Local Government Acts of 1974 and 2002.

Waterfront Industry Reform Act 1989

This Act dissolved the Waterfront Control Commission. This purpose has been achieved, and the Act is spent. The Ministry of Transport administers the Waterfront Industry Restructuring Act 1989.

Waterfront Industry Restructuring Act 1989

This Act dealt with employers’ obligations to make redundancy payments following a restructuring of the waterfront industry in the late 1980s. It established the Waterfront Industry Restructuring Authority, which had the power to make payments to employers to cover their obligation to make redundancy payments.

Wheat Board Amendment Act 1986

This Act dissolved the Wheat Board. It contains transitional provisions.

Year 2000 Information Disclosure Act 1999

Repealing this Act would remove the protection from civil liability for Year 2000 statements.

Name of Act

Description

Church Property Trust (Canterbury) Amendment Act 1951

This Act amended the Church Property Trust (Canterbury) Act 1879 as it related to the Bishopric Estate and Dean and Chapter Estate. Specifically it shifted any taxation liability for payments from the Estates to the recipient of the payments rather than having them deducted at source.

Church Property Trustees (Canterbury) Indemnity Act 1890

This Act specifically required and authorised the Church Property Trustees to pay to certain individuals amounts that they, in turn, had paid in property tax together with associated costs. The tax liability arose from funds borrowed by the Church Property Trustees which were then to be repaid after the Church Property Trustees itself issued debentures.

Liverpool and London and Globe Insurance Company Act 1879

This Act enabled the Liverpool and London and Globe Insurance Company to sue, be sued and conduct other commercial activity in New Zealand.

Michael Connelly Appointment Validation Act 1936

This Act validated the appointment of Michael Connelly, Esquire, to the Legislative Council.

Phoenix Assurance Company of London Act 1887

This Act enabled the Phoenix Assurance Company of London to sue, be sued and conduct other commercial activity in New Zealand.

Southland Flood Relief Committee Empowering Act 1992

This Act releases the Southland Flood Relief Committee from administrating remaining funds provided for flood relief in Southland and transfers administration to a trust.

Sydenham Money Club Act 2001

This Act provides for the registration of the Sydenham Money Club as a Building Society.

The Treasury has reviewed all of the Finance Acts which have sections still in force.

In addition there are provisions which are clearly redundant because they deal with entities or systems which are no longer in existence or because they implement policies which are defunct. Following consultation with relevant teams within Treasury we have listed these for repeal as well.

Name of Act

Section

Brief Description

Finance Act 1930 (No 2)

53

Income of Akaroa and Westland School Boards

Finance Act 1931 (No 2)

26

Education Purposes Loans

27

Railways Improvement Account abolished

38

Governance of Nelson College and Nelson Technical School

39

Governance of Napier High School and Napier Technical School

42

Local Authorities Rates Remission

47

Maori Gazette

Finance Act 1931 (No 4)

2

Minister may borrow for public works

8

Abolition of depreciation fund for soldier settlement loans

9

Validating payments out of Reparation Accounts

17

Amendment to Sharebroker’s Act

Finance Act 1932

3

Savings provision for loan Acts

17

Imprest Grants

41

Extension of authority to remit rates charge

52

Extending Local Authorities Empowering (Relief of Unemployment) Act 1926

60

Governor-General can adjust royalties payable on timer from Maori Lands.

62

Validation and authorisation of loans by Palmerston North City Council

64

Removing doubts as to validity of OICs under Local Government Loans Board Act 1926

Finance Act 1933

2

Orders under National Expenditure Adjustment Act to be Final

3

Application of National Expenditure Adjustment Act

4

Application of National Expenditure Adjustment Act

5

Powers of Supreme Court to modify instruments under NEAA

Finance Act (No 2) 1933

2

Extending MOF’s powers under NZ Debt Conversion Act 1932-33

15

Authorising payment to be made to member of Parliament as member of Native Rating Committee

16

Special provision as to leave of absence for Hon Stewart MP and Walter Nash MP during session of Parliament in November-December 1933

20

Validating OIC that varied the interest rate payable by native Trustee on capital moneys invested in the Common fund of the Native Trust Office

21

Validating payment of subsidy to Hairini and Mangapiko Rabbit boards

22

Validating certain payments in respect of travelling expenses to members of Transport Licensing Authorities

23

Repeal of Kauri-gum Control Act 1925 on date to be fixed by OIC

25

Special provision as to compensation for damage done to certain lands by railway works

26

Vesting certain land in Corporation of County of Waimairi as a site for a public hall

27

Authority to postpone the first general regarding of officers in the Public Service, the Post and Telegraph Department, and the Government Railways Department

28

Commencement date for part 2 of the National Expenditure Adjustment Act 1932

49

Authorisation of the Public Trustee to distribute estate of James Thomson

59

Authorising New Plymouth Savings-Bank Trustees to make a donation to the Mayor’s Relief Council

60

Authorising Auckland Savings-bank to make a donation to the Waitangi National Trust Board

61

Authorising Auckland Savings-bank to make a donation to the Waikato Land Settlement Society, Incorporated

62

Certain donations by savings banks established under the Savings-banks Act 1908 to be allowed as expenses for income tax purposes

Finance Act (No 2) 1935

1

Short Title

2

Additional payment to Government Fire Insurance Fund validated

14

Bondholders Incorporation Commission may dispense with payment of fees

15

Provision of refunds if fees and levies exceed costs and expenses of Bondholders Incorporation Commission

21

Validating expenditure by local authorities in connection with Silver Jubilee of His Majesty the King and welcomes to Their Excellencies Viscount and Lady Galway

31

Control of King George V Hospital and Pukeroa Sanatorium to be transferred to Waikato Hospital Board respectively

32

Provisions of Electoral Act 1927 not to apply to HSS Kyle, Esq, by reason of payments to him as member of Stock-remedies Registration Board

33

Provisions of section 18 of Civil List Act 1920 not to apply to certain members of the General Assembly

34

Authorising trustees of Dunedin Savings-bank to make a donation of £300 to Dunedin Branch of New Zealand Crippled Children’s Society

35

Payment by trustees of Dunedin Savings-bank of £100 to Dunedin Central Mission validated

36

Authorising trustees of Hokitika Savings-bank to make a grant of £650 to Westland Hospital Board

Finance Act (No 2) 1939

1

Short Title

5

Validating payment for shares in New Zealand Centennial Exhibition Co., Ltd

7

Validating payment out of Internal Marketing Account in respect of cheese not exported

12

As to refunds to consumers of electricity in Gore of certain charges, and as to future charges

40

Authorising local authorities to contribute to the Red Cross Centennial Fund

41

Leave of absence on pay or part pay to employees of local authorities on naval, military, or air service

43

Disqualification provisions as to members of General Assembly not to apply to certain payments

44

Validating appointment of a former member of Parliament as a public servant

50

Validating certain payments by Dunedin savings-bank

51

Validating payment by New Plymouth Savings-bank to Mr M T Phillips

Finance Act (No 2) 1940

1

Short Title

7

Validating certain rates in respect of Poukawa Drainage Area

8

As to payment of compensation for certain land taken for purposes of Waitaki Boys’ High School

17

Authorising and validating expenditure by local authorities in respect of visits of warships

18

Conferring special powers on Buckley Drainage Board as to Mangaore Stream

19

Disqualification provisions as to members of Parliament not to apply to certain payments

20

Difference between wholesale and retail price of motor spirits to be refunded in certain cases

21

Extending powers of Dilworth trustees as to British children

Finance Act (No 3) 1940

1

Short Title

Finance Act 1941

6

Additional revenue to be paid into War Expenses Account

10

Validating payment to Napier Harbour Board

30

Local authorities may act as one another’s agents in collection of moneys

32

Validating certain expenditure by Fire Boards

33

Payment to employees of local authorities in military service

35

Validating expenditure by local authorities

36

Validating payments by Wellington Education Board

37

Disqualification provisions do not apply to certain payments

38

Validating payment of travelling expenses

39

Buildings hired to dairy companies remain property of Crown

40

Payments to certain public servant deemed lawful

41

Validating payment by Dunedin savings-bank

42

Validating payment by Hokitika savings-bank

43

Provisions as to reconstruction of companies

Finance Act (No 2) 1941

3

Disqualification provisions as to members of General assembly not to apply in certain circ*mstances.

4

Validating appointment of Walter Black to Legislative Council

6

Authorising local authorities to make grants to employees on their retirement

7

Reducing amount and varying terms of payment

11

Portion of amounts lent to be recoverable as income tax

Finance Act (No 2) 1942

18

Payment of salaries out of war expenses account

19

Authorising transfer to war expenses account of surplus

22

Members of General Assembly not disqualified by receipt of travelling allowances

29

Validating payment by Dunedin Savings Bank

Finance Act 1945

2

Authorising payments for purposes of stabilisation

17

Members of General Assembly not disqualified by receipt of remuneration

18

Moneys owing by trading companies deemed to be borrowed. NEAA 1932

Finance Act (No 2) 1945

2

Additional revenue from income tax to be paid into War Expenses Account

3

Certain revenues not to be paid into War Expenses Account

4

Temporary modification of section 47 of Public Revenues Act 1926

5

Validating excess unauthorised expenditure

24

Validating expenditure by local authorities in connection with peace celebrations.

25

Validating agreement between Tauranga Boards and the Crown

37

Retrospective operation of certain orders of the Government Railways Industrial Tribunal

38

General increase of salaries of Government servants

39

General increase of salaries of employees of educational authorities

40

Increased grants to Education Boards and others

41

Provisions as to salaries of public servants

51

Authorising trustees of New Plymouth Savings Bank to invest in Debentures

53

Expenses of Regional Planning councils

56

War bonus to superannuitants re-employed during war period

Finance Act 1946

4

Validating agreement as to farm products stabilisation accounts under Marketing Act 1936

5

Validating excess unauthorised expenditure

22

Authorising payments to Government servants in lieu of annual leave not taken during war period

25

Validating expenditure by local authorities in farewelling Their Excellencies Sir Cyril and Lady Newall and welcoming Their Excellencies Sir Bernard and Lady Freyberg

28

Empowering local authorities to expend moneys in connection with centennial celebrations of the Provincial District of Otago

29

Leave of absence for member of Parliament attending National Farmers' Conference in England

30

Preserving superannuation rights of Judge of the Court of Arbitration

31

Superannuation rights of certain persons who elected to cease contributing to Government Superannuation Funds

39

Authorising Hokitika Savings Bank to invest £3,700 in securities of Westland Hospital Board

40

Authorising Dunedin Savings Bank to invest £400,000 in securities of Otago Hospital Board

41

Authorising Invercargill Savings-bank to invest £57,800 in securities of Southland Hospital Board

Sch 1

Copies of letters

Finance Act (No 2) 1946

1

Short title and commencement

6

Bonus to persons retained in Government service under Superannuation Emergency Regulations 1940

27

Authorising Hamilton City Council to recoup its General Account out of loan moneys advanced for housing purposes

28

Removal of restriction on Hokitika Harbour timber dues

30

Tax-free stock issued under Bank of New Zealand Act 1945 to trustees may be transferred on appointment of new trustees

32

Special provision with respect to service of J W Hadfield as Manager of Linen Flax Corporation

Finance Act 1947

1

Short title

2

Minister of Marketing may hold shares and other property and enter into contracts on behalf of the Crown

6

Validating excess unauthorised expenditure

39

Authorising Borough Councils and Town Boards to provide tribute to citizens of London

40

Validating donation by New Zealand Meat-producers' Board for flood relief in Great Britain

41

Validating expenditure by Auckland Savings-bank in connection with centennial celebrations

42

Authorising New Plymouth Savings-bank to invest £25,000 in securities of New Plymouth Harbour Board

43

Authorising Hokitika Savings Bank to invest £5,000 in securities of Hokitika Fire Board

44

Authorising Invercargill Savings Bank to invest £32,500 in securities of Southland Hospital Board

Finance Act (No 2) 1947

1

Short title

7

General increase of salaries of Government servants from 30 September 1947

8

Salary increases as at 1October 1947 to be added to maximum remuneration of retired public servants and teachers who are temporarily re-employed

19

This Part to be read with Soil Conservation and Rivers Control Act 1941

22

Boards may provide dwellings for their employees

26

Empowering local authorities to contribute towards Flood Relief Funds for Great Britain

27

Validating expenditure incurred by local authorities in connection with the visit of Field-Marshal Montgomery

39

Validating distribution of surplus funds of the National Council for Reclamation of Waste Material

Finance Act 1948

1

Short title

5

Validating excess unauthorised expenditure

11

Countersigning of cheques by or on behalf of Audit Office

12

Abolishing export duty on uncoined gold

14

Saving of existing rights of action

15

Revocation of certain resolutions

21

Validating contributions by local authorities to British Empire Cancer Campaign Society (Incorporated)

22

Validating contributions by local authorities to United Nations appeal for children

23

Authorising and validating contributions by local authorities to Hamilton Tornado Relief Fund

24

Authorising and validating expenditure by local authorities in respect of visit of Their Majesties the King and Queen and Her Royal Highness Princess Margaret

25

Validating grants made by Provincial Patriotic Councils to Returned Services Associations

26

Empowering certain local authorities and transport boards to make payments to the Public Passenger Transport Association, Incorporated, and to pay certain travelling expenses

27

Validating arrangement made by State Advances Corporation, New Plymouth Borough Council, and Methodist Trustees for demolition of a termite-infested dwelling and erection of a new dwelling in its place

28

Leave of absence for members of General Assembly attending Empire Parliamentary Conference at London

29

Members of General Assembly not to be disqualified by receipt of certain travelling allowances and legal costs

30

Extension of time for making claims and commencing proceedings arising out of BaIlantyne's fire

Schedule

Enactments amended to enable cheques to be countersigned on behalf of Audit Office

Finance Act (No 2) 1948

1

Short title

52

Authorising local authorities to compost sewage and other substances

56

MP not to be disqualified by reason of compensation under Public Works Act 1928

57

Application to Cook Islands of Industrial and Provident Societies Act 1908

58

Preserving superannuation rights of W F Stilwell, Deputy Judge of Court of Arbitration

Finance Act 1949

1

Short title

2

Validating excess unauthorised expenditure

3

Export duty on gold abolished

16

Local authorities may contribute towards cost of holding British Empire Games

18

Validating payment by Awanui Harbour Board

20

Disqualification provisions as to members of General Assembly not to apply in certain circ*mstances.

25

Principal orders of Government Railways Tribunal - limitation of time not affected

28

Preserving superannuation rights of certain persons

29

Validating expenditure by New Plymouth Savings Bank in connection with centennial celebrations

Finance Act (No 2) 1949

1

Short title

8

Empowering local authorities to expend moneys in connection with Canterbury centennial celebrations

9

Henderson Borough Council authorised to construct approaches to View Road Bridge

11

Application of fees received by Engineers Registration Board

Finance Act 1951

1

Short title

2

Payment of child bonus

4

Gratuities to servicemen in respect of waterfront emergency

8

Authorising purchase of shares in Courtnay Investments Ltd

16

General increase of salaries of Government servants

22

Exempting certain gift from stamp duty, gift duty and death duties

24

Authorising and validating expenditure by local authorities in respect of entertainment of distinguished overseas visitors

25

Authorising local authorities to contribute towards cost of Canterbury air race

27

Validating gift by Auckland Harbour Board to Auckland University

28

Validating expenditure by Nelson Harbour Board for Harbours’ Association

29

Validating salary and bonus payments by certain local authorities

30

Dissolution of Birchwood Coal company and vesting of assets in Crown

38

Disposal of accumulated revenues from Auckland Supreme Court sale

40

Superannuation of William Jordan

Finance Act 1952

1

Short title

2

Tasman Pulp and Paper Co Ltd

5

Disqualification of certain MPs not to apply in certain circ*mstances

Finance Act (No 2) 1952

3

Basic value of sheep for income tax and death duty purposes

4

Provision for relief from death duty to prevent forced sale of farm land or farm stock

19

Validating contributions to UN appeal for children

20

Donations to Royal New Zealand Foundation of the Blind

23

Gift by Nelson College

24

Coronation Day to be a public holiday

25

Dissolution of certain companies and vesting of assets in Crown

31

Retrospective effect of certain Price Order

Finance Act (No 2) 1953

2

Supplementation of war service gratuities for WWII and Korea

3

Validating transfer to Canteen Fund

4

Validating excess unauthorised expenditure

6

Validating Magistrates travelling allowances

7

Establishment of separate industry accounts under Marketing Act 1936

9

Validating loan by New Zealand Meat Producers Board

20

Validating expenditure by local authorities

Finance Act 1954

4

Validating general increase of salaries of Government servants

13

Salaries of Judges of Maori Land Court

20

Validating increases in war pensions and allowances

30

Empowering certain local authorities to expend money

31

Validating excess overdrafts of local authorities

32

Salary and superannuation of Judge

33

Salary and superannuation of Judge

37

Repeal of Iron and Steel Industry Act 1937

39

Validating grant by NZ Meat Producers Board

Finance Act 1955

2

Validating general increase of salaries of government servants

4

Validating raising of part of loan by Auckland Harbour Bridge Authority

Finance Act 1956

1

Short title

2

Validating general increase of salaries of Government servants

6

Empowering certain local authorities to expend money in connection with Marlborough centennial celebrations

8

Local Authorities Superannuation Act1908 repealed

Finance Act 1957

1

Short title

3

Validating general increase of salaries of Government servants

6

Exempting from gift duty donations made to South Canterbury Centennial Association Incorporated

7

Empowering certain local authorities to expend money in connection with South Canterbury centennial celebrations

8

Authorising local authorities to contribute towards the funds of New Zealand Travel and Holidays Association Incorporated and South Island Publicity Association of New Zealand Incorporated

9

Repeal of provisions in respect of timber workers' housing

11

Honey Export Control Act 1924 repealed

12

Beetroot Sugar Act 1908 repealed

13

Board of Agriculture Act 1913 repealed

14

Remounts Encouragement Act 1914 repealed

15

Section 28 of Finance Act 1924 repealed

16

Validating appointments of Transport Licensing Appeal Authority and Transport Charges Appeal Authority

17

Validating grant by New Zealand Apple and Pear Marketing Board to dependants of the late F B Challis

Finance Act 1958

1

Short title

2

Validating increase of salaries of heads of overseas missions

3

Exemption from duty in certain cases of simultaneous deaths

5

Extending the time for claiming compensation with respect to Lake Taupo

8

Authorising expenditure by local authorities in welcoming and farewelling Governor-General

9

Empowering certain local authorities to expend money in connection with Hawke's Bay centennial celebrations

10

Arbitration in respect of price to be charged for bulk supply of electrical energy by Electric Power Board to municipal corporation

11

Saving of member of Parliament from disqualification

Finance Act 1959

1

Short title

5

Empowering certain local authorities to expend money in connection with Westland centennial celebrations

6

Authorising certain expenditure by Survey Board

7

Public Trustee to administer funds of Institute for Care of Backward Children Incorporated

9

Section 24 of Civil List Act 1950 repealed

Finance Act 1960

1

Short title

2

Validating general increase of salaries of Government servants

4

Minister of Finance may acquire shares in certain societies

5

Accounts of New Zealand Steel Investigating Company Limited

6

Validating grants made by the National Roads Board

7

Saving of member of Parliament from disqualification

8

Repeal of Products Export Act1908

Finance Act 1961

1

Short title

7

Timber workers’ housing amendments

9

Persons employed in New Zealand Government Service and Western Samoan Public Service

10

Empowering local authorities to expend moneys in connection with Nelson centennial celebrations

11

Colonial Light Dues Act 1835 repealed

12

Validating certain payments by the Nelson lakes National Park Board

13

Saving of member of Parliament from disqualification

Finance Act 1962

1

Short Title

3

Sessional allowances to members of Parliament

4

Acquisition of shares in saleyard and topdressing airstrip companies

6

Exempting gift to Crown from duties

7

Empowering certain local authorities to expend money in connection with North Otago centennial celebrations

8

Unauthorised expenditure of Hop Marketing Committee

9

Stallions Act 1938 repealed

Finance Act 1963

1

Short title

2

Payment to Public Works Account in respect of disposal of land subject to Hutt Valley Lands Settlement Act 1925

4

Repealing spent Act

Finance Act 1964

1

Short title

2

Guarantee of Western Samoan Government loan

5

Training Ships Act 1908 repealed

6

Retiring allowance for former chairman of Apple and Pear Marketing Board

Schedule

Regulations revoked

Finance Act (No 2) 1967

1

Short title

6

Authorising the taking for a motorway of part of the Bolton Street Cemetery situated in the City of Wellington

7

Validating certain Orders in Council under Milk Act 1944

8

Empowering certain local authorities to make grants to Societies for the Prevention of Cruelty to Animals

9

Electricity Advisory Council Act 1962 repealed

10

Master and Apprentice Act 1908 repealed

Schedule 1

Enactments repealed

Schedule 2

Regulations revoked

Finance Act 1968

1

Short Title

4

Validating certain expenditure by the New Zealand Council for Educational Research

5

Superannuation contributions to Mr Justice Tompkins

6

New Zealand Centennial Act 1938 repealed

7

Authorising expenditure by local authorities in respect of Cook Bicentenary Celebrations

Finance Act 1969

1

Short Title

2

Authorising contributions by local authorities to national Heart Foundation of New Zealand

Finance Act 1971

1

Short Title

3

Contributions towards Xth British Commonwealth Games

4

Guarantees of Western Samoa Government loans

6

Timber Workers’ Housing Pool Account

Finance Act 1972

1

Short Title

2

Stabilisation of sugar prices

3

Grants for general and other purposes to education boards for years ended 31 January 1971 and 31 January 1972

4

Grants for general expenses to governing bodies of secondary schools for years ended 31 January 1971 and 31 January 1972

5

Pharmacy bursaries

6

Unauthorised expenditure by education boards in excess of limits

7

Unauthorised expenditure by governing bodies of secondary schools

8

Financial year of Chatham Islands County Council

9

Contribution under Fire Services Act 1949 by Wairarapa Automobile Association Mutual Insurance Company for year ending 31 March 1973

10

Repeal of spent Acts

Finance Act 1973

1

Short Title

2

Validation of agreement between Minister of Agriculture and Fisheries and New Zealand Meat Producers Board

3

Validation of wool prices equalisation and stabilisation payments

4

Wages relating to co-operative fruit packing-houses exempt from payroll tax

5

Validation of grants to private schools

Finance Act 1975

1

Short Title

2

Validating excess unauthorised expenditure

5

Confirming revocation of regulations

6

Authorising Soil Conservation and Rivers Control Council to make grants for protection of certain water supplies

Finance Act 1977

1

Short Title

2

Free travel for disabled service men

3

Nauru and Ocean Island phosphate trade

4

War memorials

5

Superannuation contributions by certain contributors to the Government Superannuation Fund

6

Sections to be read together with Gaming Duties Act 1971

Finance Act 1980

1

Short Title and Commencement

2

Payments related to South Island Local Bodies Associations

3

Air New Zealand Limited

4

Alliance Textiles Limited

Finance Act 1981

1

Short Title and Commencement

2

Winstone Samsung Industries Limited

Finance Act (No 2) 1981

1

Short Title and commencement

2

Christmas Island phosphates

Finance Act 1982

1

Short title

2

Validating acquisition of shares by Minister of Finance

Finance Act 1983

1

Short title

6

Repeal of National Savings Act 1940

Finance Act 1986

1

Short title

2

Buildings hired by Crown to remain property of Crown

3

Repeal of Rural Housing Act 1939

Finance Act 1987

1

Short title

2

Repeal of Building Performance Guarantee Corporation Act 1977

3

Authorising Crown shareholding in Maori Development Corporation Limited

4

Exchange of shares between the Crown and Equiticorp Holdings Limited

5

Crown may dispose of certain shares by way of exchange

6

Petrocorp losses

8

Amendment to Building Research Levy Act 1969

9

State-owned enterprises

Finance Act (No 2) 1988

1

Short title and commencement

3

Transfer from National Roads Fund to Consolidated Account

6

Commencement

13

Amendment to State Owned Enterprises (SOEs) Act 1986

14

Amendment to Real Estate Agents Act 1976

20

Amendment to SOEs Act 1986

23

Amendment to Income Tax Act 2007

29

Amendment to SOEs Act 1986

24

This part to be read with Customs Act 1966

25

Excise duty on motor vehicles

26

Excise duty on petroleum products

27

This part to be read with Social Security Act 1964

30

Rates of benefits may be increased by OIC

31

Unemployment benefits

33

New sections inserted

35

Inserting references to training benefit

Sch 4

Amendments to Tariff Act

Sch 8

New schedules in principal Act

Finance Act (No 2) 1989

1

Short title

2

Interpretation

3

Transfer of assets to State enterprise

4

Issue of equity and debt securities

5

Application of SOEs Act 1986

6

Additional provisions relating to vesting of assets

7

Application of GST Act 1985

Finance Act (No 3) 1990

1

Short title and commencement

2

Act binds the Crown

Finance Act 1993

1

Short title

2

Part to be read with Housing Act 1955

3

Validation of increases in rentals for tenancies of State housing land

Finance Act (No 2) 1994

1

Short title and commencement

3

Local Authorities Loans Board: appointment of certain members

4

Local Authorities Loans Board: validating certain decisions

5

Otago Area Health Board: deeming interest in land to include appurtenant easem*nts

Finance Act (No 2) 1990 Amendment Act 1997

1

Short title and commencement

2

Application of Unit trusts Act from 1994 to 1997

3

Application of Unit trusts Act from 1997

4

Application of Securities Act 1978

5

Repeal

Statutes Repeal Bill Exposure Draft Explanatory Material (2024)

References

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