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Act Repealed Latest version as at 04 August 1908 (as enacted) | 1908 No 95

Land and Income Assessment Act 1908

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Act Repealed Latest version as at 04 August 1908 (as enacted) | 1908 No 95

Land and Income Assessment Act 1908

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Contents
1
Short Title.
2
Interpretation.
Part I Administration of Act
Appointments, &c.
3
Power to appoint Commissioner and Deputy Commissioner.
4
Powers of Deputy Commissioner.
5
Power to appoint other officers.
6
Officers to maintain secrecy.
7
Rolls or assessments may be made for purposes of other Acts.
Public Officers of Companies, Agents, and Trustees
8
Every company to be represented by a public officer.
9
Duties, liabilities and powers of agents and trustees.
Non-resident Agents and Non-resident Traders
10
Provisions as to non-resident agents and non-resident traders.
Part II Nature of the Taxation, and General Exemptions
Taxation
11
Nature of the taxation.
12
Date at which ownership determined for land-tax purposes.
13
Taxpayers to furnish returns.
General Exemptions from Tax
14
Exemptions from tax.
15
Only owners of land specified in preceding section entitled to exemption.
Part III Returns, Assessments, and Objections
Returns
16
Form and time of making returns of land and income.
Assessments and Assessment Rolls
17
Valuations of land to be made when required.
18
Commissioner to prepare assessments.
19
Assessment in case of default or unsatisfactory return.
20
Assessment rolls.
21
Notice of assessment to be given.
Objections
22
Objections to be by way of appeal.
23
Objections to be heard by Assessment Court.
24
List of objections.
25
Decision of Court final.
26
Appeal from decision of Assessment Court.
27
Notice of appeal.
28
Provisions of appeal.
29
Order of Supreme Court final.
30
Costs of appeal. Amount thereof.
31
Rules of Supreme Court to apply.
32
Pending appeal not to affect decision of Assessment Court.
33
Commissioner may increase assessment, or, if owner does not consent, may acquire land.
34
Owner may give notice to Commissioner to reduce value or acquire land.
35
Alterations consequent on alteration in capital value.
36
Moneys payable out of Consolidated Fund.
Part IV Assessment of Land
Ordinary Land-tax
37
Ordinary land-tax, on what to be assessed.
38
Further exemption on account of age or ill health.
39
Assessment of joint tenants, co-partners, co-trustees, &c.
40
Purchaser of land on deferred payment liable to tax.
41
Mortgage not exempt because land exempt.
42
Interest on mortgage.
43
Mortgages of banking, or loan, building, and investment companies exempt from land-tax.
44
Mortgagor liable to assessment on behalf of absent mortgagee.
45
No land-tax in respect of minerals, timber, or flax.
Land-tax in respect of Maori Land, and of Mortgages held by or for Maoris
46
Tax on Maori land occupied by other than Maori owner.
47
Taxation of mortgages held by Maoris.
48
Occupier deemed agent of Maori owner.
Part V Graduated Land-tax
49
Interpretation.
50
Graduated land-tax imposed.
51
Rate of graduated land-tax on under £40,000.
52
Rate of graduated land-tax on £40,000 and upwards.
53
Increase of twenty-five per centum.
54
Tax payable by absentee.
55
Life tenant liable as if owner of fee-simple.
56
Lessees liable as if owners.
57
Shareholders liable as if owners of the company’s land.
58
Two companies having the same shareholders to be deemed one.
59
Joint owners to be assessed both jointly and severally.
60
Joint occupiers to be liable as if joint owners.
61
Buyer in possession liable although conveyance has not been executed.
62
Seller to remain liable until certain conditions fulfilled.
63
No disposition to be effective so long as possession retained.
64
Equitable owners to be liable as if legal.
65
Trustees to be liable as if beneficially entitled.
66
No deduction of mortgage-money or unpaid purchase-money.
67
Mortgagees not liable.
68
Exemption of Church properties.
Part VI Assessment of Debentures issued by Companies
69
Company deemed agent of debenture-holders.
70
Procedure where debenture-money invested on mortgage or charged on land.
Part VII Assessment of Income
Income of Companies
71
Income of company.
72
Income of banking company.
73
Income of loan, building, and investment company.
74
Income of insurance company, other than life.
75
Income of life-insurance company.
76
Income of mining company.
77
No exemption to company.
Income of Taxpayers other than Companies
78
Income-tax, on what to be assessed.
79
Income derived from business.
80
Income derived from employment or emolument.
81
Deduction by way of special exemption.
82
Certain life-insurance premiums deductible.
83
When premium may be deducted from partnership income.
84
Assessment of income derived from flax or timber, &c.
Income of all Taxpayers engaged in Shipping
85
How income of owner or charterer of shipping to be assessed.
General Provisions as to Income of all Taxpayers
86
When taxpayer deemed to have derived income.
87
Items not deductible when ascertaining income.
88
Partners to make joint return.
89
Claim for deduction in respect of business premises.
90
Security for payment of income-tax may be required in certain cases.
Part VIII Payment of Taxation, and Procedure to enforce same
Due Date of Tax
91
Dates for payment of tax to be appointed by Governor in Council.
92
If tax unpaid fourteen days after due date, 10 per centum to be added.
Recovery of Tax in Arrear
93
Tax recoverable by Commissioner.
94
Procedure for recovery of tax.
95
Mode of service when defendant absent, or cannot be found.
Special Provisions
96
Commissioner or officers may appear in proceedings.
97
Procedure when name of owner of land cannot be ascertained.
98
Provisions when full taxation not paid during lifetime.
99
Tax to be a first charge on land.
100
Statutes of limitation not to bar remedy.
101
Act not to limit operation of the Crown Suits Act.
102
Remedy against lessee, mortgagee, mortgagor, &c., if taxpayer makes default.
103
Contracts to evade tax void.
104
Administrative powers.
105
Regulations as to scale of expenses of persons giving evidence.
Penalties
106
Fine for neglect generally, refusing to give evidence, making false return, or evading tax.
107
Procedure to recover penalty for evading tax.
108
Fine for obstructing officer, or breach of Act.
109
Fines recoverable in summary way.
Part IX Miscellaneous
110
Procedure to enforce registration of mortgages.
111
Returns of land and income in certain cases.
112
Person paying tax may recover from person liable.
113
Contribution from taxpayers jointly liable.
114
Married woman liable to tax.
115
If too little tax paid, deficiency to be made up.
116
If too much tax paid, excess to be refunded.
117
In case of bankruptcy or serious hardship, taxpayer may be released from liability.
118
Application of Act in respect to stamp and deceased persons’ estates duties.
119
Regulations.
120
Power to extend time for doing anything under Act.
121
Saving of the Valuation of Land Act.
FIRST SCHEDULE Enactments consolidated
SECOND SCHEDULE Graduated Land-tax under Section 51

Land and Income Assessment Act 1908

Public Act
  
1908 No 95
Date of assent
  
4 August 1908
 

Contents

Title
1 Short Title.
2 Interpretation.
Part I
Administration of Act
Appointments, &c.
3 Power to appoint Commissioner and Deputy Commissioner.
4 Powers of Deputy Commissioner.
5 Power to appoint other officers.
6 Officers to maintain secrecy.
7 Rolls or assessments may be made for purposes of other Acts.
Public Officers of Companies, Agents, and Trustees
8 Every company to be represented by a public officer.
9 Duties, liabilities and powers of agents and trustees.
Non-resident Agents and Non-resident Traders
10 Provisions as to non-resident agents and non-resident traders.
Part II
Nature of the Taxation, and General Exemptions
Taxation
11 Nature of the taxation.
12 Date at which ownership determined for land-tax purposes.
13 Taxpayers to furnish returns.
General Exemptions from Tax
14 Exemptions from tax.
15 Only owners of land specified in preceding section entitled to exemption.
Part III
Returns, Assessments, and Objections
Returns
16 Form and time of making returns of land and income.
Assessments and Assessment Rolls
17 Valuations of land to be made when required.
18 Commissioner to prepare assessments.
19 Assessment in case of default or unsatisfactory return.
20 Assessment rolls.
21 Notice of assessment to be given.
Objections
22 Objections to be by way of appeal.
23 Objections to be heard by Assessment Court.
24 List of objections.
25 Decision of Court final.
26 Appeal from decision of Assessment Court.
27 Notice of appeal.
28 Provisions of appeal.
29 Order of Supreme Court final.
30 Costs of appeal. Amount thereof.
31 Rules of Supreme Court to apply.
32 Pending appeal not to affect decision of Assessment Court.
33 Commissioner may increase assessment, or, if owner does not consent, may acquire land.
34 Owner may give notice to Commissioner to reduce value or acquire land.
35 Alterations consequent on alteration in capital value.
36 Moneys payable out of Consolidated Fund.
Part IV
Assessment of Land
Ordinary Land-tax
37 Ordinary land-tax, on what to be assessed.
38 Further exemption on account of age or ill health.
39 Assessment of joint tenants, co-partners, co-trustees, &c.
40 Purchaser of land on deferred payment liable to tax.
41 Mortgage not exempt because land exempt.
42 Interest on mortgage.
43 Mortgages of banking, or loan, building, and investment companies exempt from land-tax.
44 Mortgagor liable to assessment on behalf of absent mortgagee.
45 No land-tax in respect of minerals, timber, or flax.
Land-tax in respect of Maori Land, and of Mortgages held by or for Maoris
46 Tax on Maori land occupied by other than Maori owner.
47 Taxation of mortgages held by Maoris.
48 Occupier deemed agent of Maori owner.
Part V
Graduated Land-tax
49 Interpretation.
50 Graduated land-tax imposed.
51 Rate of graduated land-tax on under £40,000.
52 Rate of graduated land-tax on £40,000 and upwards.
53 Increase of twenty-five per centum.
54 Tax payable by absentee.
55 Life tenant liable as if owner of fee-simple.
56 Lessees liable as if owners.
57 Shareholders liable as if owners of the company’s land.
58 Two companies having the same shareholders to be deemed one.
59 Joint owners to be assessed both jointly and severally.
60 Joint occupiers to be liable as if joint owners.
61 Buyer in possession liable although conveyance has not been executed.
62 Seller to remain liable until certain conditions fulfilled.
63 No disposition to be effective so long as possession retained.
64 Equitable owners to be liable as if legal.
65 Trustees to be liable as if beneficially entitled.
66 No deduction of mortgage-money or unpaid purchase-money.
67 Mortgagees not liable.
68 Exemption of Church properties.
Part VI
Assessment of Debentures issued by Companies
69 Company deemed agent of debenture-holders.
70 Procedure where debenture-money invested on mortgage or charged on land.
Part VII
Assessment of Income
Income of Companies
71 Income of company.
72 Income of banking company.
73 Income of loan, building, and investment company.
74 Income of insurance company, other than life.
75 Income of life-insurance company.
76 Income of mining company.
77 No exemption to company.
Income of Taxpayers other than Companies
78 Income-tax, on what to be assessed.
79 Income derived from business.
80 Income derived from employment or emolument.
81 Deduction by way of special exemption.
82 Certain life-insurance premiums deductible.
83 When premium may be deducted from partnership income.
84 Assessment of income derived from flax or timber, &c.
Income of all Taxpayers engaged in Shipping
85 How income of owner or charterer of shipping to be assessed.
General Provisions as to Income of all Taxpayers
86 When taxpayer deemed to have derived income.
87 Items not deductible when ascertaining income.
88 Partners to make joint return.
89 Claim for deduction in respect of business premises.
90 Security for payment of income-tax may be required in certain cases.
Part VIII
Payment of Taxation, and Procedure to enforce same
Due Date of Tax
91 Dates for payment of tax to be appointed by Governor in Council.
92 If tax unpaid fourteen days after due date, 10 per centum to be added.
Recovery of Tax in Arrear
93 Tax recoverable by Commissioner.
94 Procedure for recovery of tax.
95 Mode of service when defendant absent, or cannot be found.
Special Provisions
96 Commissioner or officers may appear in proceedings.
97 Procedure when name of owner of land cannot be ascertained.
98 Provisions when full taxation not paid during lifetime.
99 Tax to be a first charge on land.
100 Statutes of limitation not to bar remedy.
101 Act not to limit operation of the Crown Suits Act.
102 Remedy against lessee, mortgagee, mortgagor, &c., if taxpayer makes default.
103 Contracts to evade tax void.
104 Administrative powers.
105 Regulations as to scale of expenses of persons giving evidence.
Penalties
106 Fine for neglect generally, refusing to give evidence, making false return, or evading tax.
107 Procedure to recover penalty for evading tax.
108 Fine for obstructing officer, or breach of Act.
109 Fines recoverable in summary way.
Part IX
Miscellaneous
110 Procedure to enforce registration of mortgages.
111 Returns of land and income in certain cases.
112 Person paying tax may recover from person liable.
113 Contribution from taxpayers jointly liable.
114 Married woman liable to tax.
115 If too little tax paid, deficiency to be made up.
116 If too much tax paid, excess to be refunded.
117 In case of bankruptcy or serious hardship, taxpayer may be released from liability.
118 Application of Act in respect to stamp and deceased persons’ estates duties.
119 Regulations.
120 Power to extend time for doing anything under Act.
121 Saving of the Valuation of Land Act.
FIRST SCHEDULE
Enactments consolidated
SECOND SCHEDULE
Graduated Land-tax under Section 51

An Act to consolidate certain Enactments of the General Assembly relating to the Assessment of Land and Income for Purposes of Taxation.

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.

(1.)

The Short Title of this Act is “The Land and Income Assessment Act, 1908.”

Enactments consolidated.

(2.)

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

(a.)

All offices, appointments, regulations, Orders in Council, orders, warrants, registers, records, assessments, returns, rolls, requisitions, notifications, records, instruments, official oaths, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

(b.)

All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

(c.)

All liabilities incurred under any such enactment in respect of taxation, fines, penalties, or otherwise may be enforced under this Act.

(3.)

This Act is divided into Parts, as follows:—

Part I.—Administration of Act. (Sections 3 to 10.)

Part II.—Nature of the Taxation, and General Exemptions. (Sections 11 to 15.)

Part III.—Returns, Assessments, and Objections. (Sections 16 to 36.)

Part IV.—Assessment of Land. (Sections 37 to 48.)

Part V.—Graduated Land-tax. (Sections 49 to 68.)

Part VI.—Assessment of Debentures issued by Companies. (Sections 69 and 70.)

Part VII.—Assessment of Income. (Sections 71 to 90.)

Part VIII.—Payment of Taxation and Procedure to enforce same. (Sections 91 to 109.)

Part IX.—Miscellaneous. (Sections 110 to 121.)

2 Interpretation.
1900, No. 49, sec. 3 1907, No. 18, sec. 19(3)

In this Act, if not inconsistent with the context,—

‘Agent” includes every person who, in New Zealand, for or on behalf of any other person out of New Zealand (in this Act called “the principal”),—

(a.)

Has the control or disposal of any real or personal property belonging to the principal, or the control, receipt, or disposal of any rents, issues, or proceeds derived from any such property; or

(b.)

Directly or indirectly, whether by sample, pricelist, negotiation, or otherwise howsoever, sells or disposes of any such property, or offers or exposes such property for sale or disposition, or solicits or procures the sale or disposition thereof; or

(c.)

Has the control, receipt, or disposal of any income belonging to the principal, or directly or indirectly remits the same to the principal:

“Assessment” means an estimate of the value of any land, either with or without improvements, or of the value of such improvements alone, or of any income; and includes the amount of tax imposed on such land and income respectively, and also all matters comprised in any return required under this Act:

“Business” includes trade, manufacture, adventure, undertaking, and concern; and, in the case of a company, includes its business, of whatever nature, as set forth in its articles of association:

“Capital value” of land, other than a mortgage, means the sum which the owner’s estate or interest therein, if unincumbered by any mortgage or other charge thereon, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require:

Provided that in estimating the capital value of land held in life tenancy the interest of the reversioner shall be deemed to form part of that value, and shall be included accordingly:

“Capital value” of a mortgage means the full amount thereof, being in no case more than the capital value of the land which forms the security:

“Company” includes every corporate body and also every association of more than ten persons carrying on any business for pecuniary profit; but does not include a local authority, nor any other local governing or statutory public body:

“District” means any district or subdivision of a district as defined by “The Rating Act, 1908”:

“Friendly society” includes every society registered under any Act relating to friendly societies, industrial and provident societies, unclassified societies, industrial unions, industrial associations, or trade-unions:

“Improvements” on land means all work actually done or material used thereon by the expenditure of capital or labour by any owner or occupier of the land (nevertheless in so far only as the effect of such work or material used is to increase the value of the land and the benefit thereof is unexhausted at the time of valuation); but does not include work done or material used on or for the benefit of land by the Crown, or by any statutory public body, unless such work has been paid for by the contribution of the owner or occupier for that purpose:

Provided that the payment of rates or taxes shall not be deemed to be a contribution within the meaning of this definition:

“Income,” when used alone, means any profit derived or received by any person in any year by any means or from any source which is made the subject of taxation under this Act:

“Land” includes all lands, tenements, and hereditaments, whether corporeal or incorporeal, in New Zealand, and also includes all mortgages thereof, all chattel and other interests therein, and all timber or flax growing or standing thereon:

“Maori” means an aboriginal inhabitant of New Zealand, but does not include half-castes or their descendants:

“Maori land” means land owned by or held in trust for any Maori:

“Mortgage” includes every charge whatsoever upon land, howsoever created, if such charge is registered under any Act relating to the registration of deeds or instruments affecting title to land; and includes all unpaid purchase-money in respect of land purchased, although no registered charge exists in respect thereof; but (except as aforesaid) does not include any charge not so registered:

“Mortgagee” includes every person entitled at law or in equity to a mortgage or any part thereof, or to the interest or any part of the interest payable thereunder:

“Non-resident agent” includes every person who acts as agent without having a fixed and permanent place of business or abode in New Zealand:

“Non-resident trader” includes every person who carries on business in New Zealand without having a fixed and permanent place of business in New Zealand:

“Occupier,” in respect of Maori land, includes every person having or enjoying in any way or for any purpose whatsoever the use thereof:

“Owner,” in respect of land, means the person who, whether beneficially or as trustee or mortgagee or otherwise, and whether jointly or separately,—

(a.)

Is seised of or entitled to land for any estate, whether freehold, leasehold, or otherwise, in possession; or

(b.)

Actually receives or is entitled to receive, or, if the land were let, would be entitled to receive, the rents or profits thereof; or

(c.)

Actually receives or is entitled to the whole or any part of the principal or interest moneys covered by a mortgage, or to the benefit of the security:

Provided that for the purpose of allowing any exemption or deduction hereinafter provided for, “owner” means the beneficial owner as distinguished from the trustee or agent:

“Person” includes a body of persons, whether corporate or unincorporate:

“Prescribed” means prescribed by this Act or by regulations under this Act:

“Profit” includes gain:

“Tax” or “taxation” means the duty upon land or income, and includes any additional charge in respect thereof to be assessed, collected, or enforced under this Act:

“Taxpayer” means any person who is the owner of land, or who derives or receives income; and includes every person who, whether liable to taxation or not, is by this Act required to make any return relating to land or income or to the assessment thereof; but does not include a local authority or any other local governing or statutory public body:

“Trustee” includes trustee, executor, administrator, guardian, committee, receiver, liquidator, the Public Trustee, and any person having or taking upon himself the possession, administration, or control of land, income, or other property of any description affected by any express or implied trust, or having the possession, control, or management of the land, income, or other property of any description of a person under any legal or other disability:

“Unimproved value” of any piece of land means the sum which the owner’s estate or interest therein, if unincumbered by any mortgage or other charge thereon, and if no improvements existed on that particular piece of land, might be expected to realise at the time of valuation if offered for sale on such reasonable terms and conditions as a bona fide seller might be expected to require:

“Value of improvements” means the sum by which the improvements upon land increase its value:

Provided that the value of improvements shall in no case be deemed to be more than the cost of such improvements estimated at the time of valuation, exclusive of the cost of repairs and maintenance.

Part I Administration of Act

Appointments, &c.

3 Power to appoint Commissioner and Deputy Commissioner.
1900, No. 49, sec. 4

For the due administration of this Act the Governor may from time to time appoint a fit person to be the Commissioner of Taxes (hereinafter referred to as “the Commissioner”), and a like person to be the Deputy Commissioner of Taxes (hereinafter referred to as “the Deputy Commissioner”), both of whom shall hold office during the Governor’s pleasure.

4 Powers of Deputy Commissioner.
Ibid, sec. 5 1904, No. 27, sec. 7

(1.)

The Deputy Commissioner shall, under the control of the Commissioner, perform such general official duties as he is called upon to perform under this Act or by the Commissioner.

(2.)

On the occurrence from any cause of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise), and in case of the absence from duty of the Commissioner (from whatever cause arising), and so long as such vacancy or absence continues, the Deputy Commissioner shall have and may exercise all the powers, duties, and functions of the Commissioner.

Ibid, sec.

(3.)

The fact of the Deputy Commissioner exercising any power, duty, or function as aforesaid, pursuant to the provisions in that behalf hereinbefore contained, shall be conclusive evidence of his authority so to do, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising him so to do.

5 Power to appoint other officers.
1900, No. 49, sec. 6

The Governor may from time to time appoint such Assessors, Clerks, Receivers, and other officers as he deems necessary for the purpose of carrying out the provisions of this Act.

6 Officers to maintain secrecy.
Ibid, sec. 8

(1.)

Every person appointed or employed under this Act—

(a.)

Shall maintain and aid in maintaining the secrecy of all matters relating to this Act which come to his knowledge, and shall not communicate any such matters to any person, except for the purpose of carrying this Act into effect; and also

Oath of office.

(b.)

Shall, before he begins to perform any official duty under this Act, take and subscribe such oath of fidelity and secrecy as is prescribed, which oath may be administered by the Commissioner or Deputy Commissioner, or by any Justice.

Penalty for contravening intent of oath.

(2.)

Every person who wilfully acts in contravention of the true intent of such oath is liable, on summary conviction before a Magistrate, if he elects to be tried before him, or, if he does not so elect, then on conviction before the Supreme Court or a District Court, to imprisonment for any term not exceeding twelve months with or without hard labour.

(3.)

Every person appointed or employed under this Act who performs any official duty before he has taken such oath is liable to a fine not exceeding one hundred pounds and not less than ten pounds.

7 Rolls or assessments may be made for purposes of other Acts.
Ibid, sec. 9

For the purposes of “The Rating Act, 1908,” or of any other Act under which it may be necessary to make any assessment roll or any assessment, the Commissioner may, from the assessments and rolls made under this Act, make such rolls or assessments as are necessary in order to comply with any such Act.

Public Officers of Companies, Agents, and Trustees

8 Every company to be represented by a public officer.
1900, No. 49, sec. 10

Every company carrying on business in New Zealand shall at all times be represented by a person residing in New Zealand, duly appointed by either the company or its duly authorised agent or attorney; and with respect to every such company and person the following provisions shall apply:—

(a.)

The person so appointed shall be called the “public officer” of the company for the purposes of this Act.

(b.)

The office of public officer shall be kept constantly filled by making fresh appointments thereto from time to time as necessary, and no appointment shall be deemed duly made until after notice thereof in writing, specifying the name of the officer and an address for service, has been given to the Commissioner.

(c.)

Service of any document at the address for service, or on the public officer of a company, or on any person acting or appearing to act in the business of a company, shall be sufficient for all the purposes of this Act.

(d.)

It shall not in any case be necessary to prove that any such officer or person is or was the public officer of such company or acting in its business.

(e.)

Every company failing or neglecting to duly appoint a public officer when and as often as such appointment becomes necessary is liable to a fine not exceeding fifty pounds a day for every day during which such failure or neglect continues.

(f.)

Every public officer of a company shall be answerable for the doing of all such things as are required to be done under this Act in respect of the assessment of that company, and the payment of the tax thereon.

(g.)

Everything done by any such public officer which he is required to do in his representative capacity shall be deemed to have been done by the company.

(h.)

The absence or non-appointment of a public officer shall not exonerate any company from the necessity of complying with any of the provisions of this Act, but every company shall be liable to the provisions of this Act as if there were no requirement to appoint such officer.

9 Duties, liabilities and powers of agents and trustees.
Ibid, sec. 11

With respect to every agent (including non-resident agents), and with respect also to every trustee, the following provisions shall apply —

(a.)

He shall be answerable as taxpayer for the doing of all such things as are required to be done by virtue of this Act in respect of the assessment of the land and income held or controlled by him in his representative capacity, and the payment of the tax thereon.

(b.)

He shall, in respect to such land and income, make the returns and be assessed thereon as hereinafter provided, and he shall make such returns and be assessed thereon in his representative capacity only, and each such return and assessment shall be separate and distinct from any other.

1903, No. 37, sec. 2

(c.)

If he is an executor or administrator, the return shall be the same, as far as practicable, as the deceased person, if living, would have been liable to make.

(d.)

In any case where as agent or trustee he pays any tax he is hereby authorised to recover the amount so paid from the person in whose behalf he paid it, or to deduct the same from any moneys in his hands belonging to such person.

(e.)

He is hereby authorised and required to retain from time to time, out of any money which comes to him in his representative character, so much as is sufficient to pay the tax which is or will become due in respect of any such land or income subject to tax, estimating the tax at the previous year’s rate if the rate of the tax becoming due has not been fixed.

(f.)

He is hereby made personally liable for the tax payable in respect of any such land or income if, while such tax remains unpaid, he alienates, charges, or disposes of any real or personal property which is held by him in his representative character; but he shall not be otherwise personally liable for any such tax.

(g.)

If he is a trustee, he may from time to time raise whatever moneys are necessary in order to pay any such tax by mortgage or charge, with or without power of sale, of any real or personal property held by him as such trustee, and may apply the moneys so raised, or any other moneys in his possession as such trustee, in paying such tax.

(h.)

He is hereby indemnified for all payments which he makes in pursuance of this Act or by requirement of the Commissioner.

(i.)

The Commissioner, where he thinks fit so to do, may exercise in respect of any specified agent the powers conferred upon him by paragraph (f) of the next succeeding section; and in any such case the provisions of paragraphs (f) and (g) of that section shall apply in like manner as if the agent were a non-resident agent.

(j.)

Nothing in this section or elsewhere in this Act relating to an agent shall be construed to release his principal from liability to make returns and pay tax.

(k.)

For the purpose of insuring the payment of tax the Commissioner shall have such and the same remedies against all land or other property of any kind vested in, or under the control or management, or in the possession of any agent or trustee as he would have against the land or other property of any other taxpayer in respect of any tax, and in as full and ample a manner.

Non-resident Agents and Non-resident Traders

10 Provisions as to non-resident agents and non-resident traders.
1900, No. 49, sec. 12 1903, No. 37, sec. 3

With respect to non-resident agents and non-resident traders the following special provisions shall apply, anything in this Act to the contrary notwithstanding:—

(a.)

A non-resident agent shall not act as agent, and a non-resident trader shall not carry on business, unless he is the holder of a warrant in that behalf from the Commissioner under this Act or a Collector of Customs.

(b.)

The warrant shall be in the prescribed form, and shall be issued without fee, either by such Commissioner or any Collector of Customs, on application in that behalf.

(c.)

In every case where the warrant is issued by a Collector of Customs he shall duly notify such Commissioner.

(d.)

In all proceedings against any person for breach of paragraph (a) of this section it shall lie on the defendant to prove that he is a warrant-holder, by producing the warrant, or by satisfactorily accounting for its non-production.

(e.)

The warrant-holder shall make returns at such times and in such manner in all respects as the Commissioner requires, either generally or in particular cases.

(f.)

The Commissioner may from time to time, as he thinks fit, assess any specified non-resident agent or non-resident trader for income-tax in respect of any specific transaction, or of all transactions during any specified period, and may fix the amount of the tax. at the rate then last in force (if the rate of tax is not then fixed by law), and on the assumption that the specified transaction or, as the case may be, all the transactions during the specified period have produced such net profit as the Commissioner deems likely to have been made, being in no case less than five per centum of the gross proceeds resulting from such transaction or transactions.

(g.)

The tax so fixed by the Commissioner shall be payable on demand, and shall be recoverable forthwith in the same manner in all respects as in the case of income-tax in arrear.

Part II Nature of the Taxation, and General Exemptions

Taxation

11 Nature of the taxation.
1900, No. 49, sec. 13

Subject to the provisions of this Act, taxation shall be assessed and levied in and for each year ending on the thirty-first day of March, for the use. of His Majesty in aid of the Consolidated Fund as follows, that is to say:—

(a.)

Ordinary land-tax upon all land at such rate in the pound sterling as is fixed from time to time by Acts to be passed for that purpose:

(b.)

Graduated land-tax upon land (excluding from the term “land” mortgages of land) in the cases and at the rates hereinafter provided:

(c.)

Income-tax upon all income at such rate in the pound sterling as is fixed from time to time by Acts to be passed for that purpose.

12 Date at which ownership determined for land-tax purposes.
Ibid, sec. 14

(1.)

Land-tax, both ordinary and graduated, shall be charged on land as owned at noon on the thirty-first day of March immediately preceding the year in and for which such tax is assessed and levied as aforesaid.

Income upon which income-tax to be charged.

(2.)

Income-tax shall be charged on all income derived or received during the year immediately preceding the year in and for which such tax is assessed and levied as aforesaid.

13 Taxpayers to furnish returns.
Ibid, sec. 15

For the purposes of the assessment and levy of such taxation every taxpayer shall, in manner hereinafter provided, furnish returns setting forth a full and complete statement of his land and income respectively, with such other particulars as are prescribed.

General Exemptions from Tax

14 Exemptions from tax.
1900, No. 49, sec. 16

Except where otherwise specially provided by this Act, land and income shall be exempt from taxation in the cases and to the extent following, that is to say:—

Land and income.

(a.)

All land owned, and income derived or received, by or on behalf of—

(i.)

His Majesty:

(ii.)

Any local authority, or other local governing or statutory public body:

(iii.)

Any friendly society, but in respect only of business carried on within its circle of membership:

(iv.)

Any building society duly registered under any Act relating to building societies:

Provided that the annual or other dividends or profits paid or credited to any member or shareholder of any such society shall be deemed to be part of his income, and be taxable accordingly; and any such society shall, whenever requested by the Commissioner so to do, forward to him a return of such dividends or profits:

(v.)

Any public charitable or public educational institution, howsoever formed or constituted, if carried on for any public charitable or public educational purpose and not for pecuniary profit:

(vi.)

Any savings-bank constituted under “The Savings-banks Act, 1908”:

(vii.)

The Commissioners of Sinking Funds of any sinking fund in respect of the public debt, or of the debt of any local authority or other local governing or statutory public body whose land and income are hereinbefore exempted from taxation:

(viii.)

Any religious society, in so far as the proceeds of such land and income are devoted to the support of the aged or infirm clergy or ministers of such society, or their widows or children.

Land.

(b.)

All land owned by any person or society and used or occupied by such person or society solely as a site for—

(i.)

A place of worship for any religious society, or a place of residence for any of the clergy or ministers of such society:

(ii.)

A charitable or educational institution (other than a public charitable or educational institution hereinbefore exempt) not carried on exclusively for pecuniary profit:

Provided that this exemption shall not extend to more than fifteen acres in the case of any one such institution:

(iii.)

A public library, athenæum, mechanics’ institute, public museum, school of mines, or masonic lodge:

(iv.)

A show-ground or place of meeting of any agricultural society:

(v.)

A public cemetery or public burial-ground:

(vi.)

A public garden, public domain, public recreation-ground, or other public reserve:

(vii.)

A public road or public street:

(viii.)

A public railway, to the extent of the land actually used for permanent-way, and for yards, sheds, and buildings for the purposes of traffic only, but not further or otherwise.

Maori land.

(c.)

All Maori land, if neither leased to nor occupied by any person other than the Maori owner.

(d.)

The interest (if any) of the lessee or licensee in land held under lease or license for any of the purposes specified in paragraphs (e) and (f) of section seventy-nine hereof, and the profits derivable from which are assessed for income-tax.

Income.

(e.)

All income derived or received by or on behalf of—

(i.)

The Governor, in respect of the salary and emoluments of his office:

(ii.)

Any pensioner resident in New Zealand, in respect of his pension received from the Crown in Great Britain or the Government of any British possession:

Provided that he satisfies the Commissioner that such pension is liable to income-tax or a like tax in Great Britain or such possession, and that such tax has been duly paid:

(iii.)

Any public society not carrying on or concerned in any business for pecuniary profit:

(iv.)

Any owner of land, in respect of the rent thereof, or the profits derived from the direct use or cultivation thereof; but this exemption shall not be held to apply to profits derived by owners of land as described in paragraphs (e), (f), and (g) of section seventy-nine hereof:

(v.)

Any mortgagee of land, in respect of his mortgage:

(vi.)

Any co-operative dairy factory company (meaning thereby a company formed for the purpose of manufacturing dairy-produce from milk supplied in accordance with its articles or rules), but in so far only as such income is derived from the manufacture of dairy - produce from milk so supplied by its members or shareholders, and in cases only where the articles or rules provide that the amount of the exemption shall be distributed solely amongst the members or shareholders who have supplied milk to the company, and in sums proportionate to the quantity of milk supplied by them.

15 Only owners of land specified in preceding section entitled to exemption.
1900, No. 49, sec. 17

With respect to lands which, under the last preceding section, are exempt from land-tax, the following provisions shall apply:—

Assessment of owners of other estates therein.

(a.)

The benefit of such exemption shall in each case be limited to the owner specified in that section, and shall not extend to any other person who is the owner of any estate or interest in the land, whether as purchaser, lessee, licensee, occupier, or otherwise howsoever; and every such person shall be liable to assessment and taxation in respect of such estate or interest.

(b.)

In the case of land owned by or vested in His Majesty on any express or implied trust, the person entitled in equity to the rents or profits of such land, or, if a mortgage, tothe whole or any part of the principal, interest, or other moneys secured by such mortgage, shall, for the purposes of assessment and taxation, and to the extent to which he is so entitled, be deemed to be the owner of such land or mortgage, and be liable to assessment and taxation in respect thereof.

(c.)

If such trust is in favour of any public institution or department, the Governor in Council may from time to time make regulations prescribing the person or authority to make returns, the mode of assessment, and the funds of such institution or department out of which the tax shall be paid.

Part III Returns, Assessments, and Objections

Returns

16 Form and time of making returns of land and income.
1900, No. 49, sec. 18 1907, No. 18, sec. 24

Subject to the provisions of this Act, every taxpayer shall be liable for the making of returns of land and income as hereinafter prescribed, and for the payment of the whole amount of tax (if any) assessed thereon respectively; and for the purposes of this section the following provisions shall apply:—

(a.)

The returns shall be in the prescribed form, and shall be made to the Commissioner by every taxpayer on or before a date or dates to be publicly notified by the Commissioner.

(b.)

Returns of land and of income shall be made annually, and shall contain for each year full and complete statements—

(i.)

Of all land owned by the taxpayer at noon on the thirty-first day of March immediately preceding the year in and for which the tax is to be charged:

(ii.)

Of all income derived or received by the taxpayer during the year ending on the thirty-first day of March immediately preceding that in and for which tax is to be charged; provided that where such return cannot be conveniently made, the Commissioner in his discretion may, for the purpose of assessment, accept a return made up to the date of the annual balance of the taxpayer’s books, or he may accept an estimated return which shall be adjusted on the completion of such annual balance.

(c.)

Returns required to be made by any of the Acts mentioned in the First Schedule hereto may be required by the Commissioner to be made and revised under this Act. Such returns shall be subject to the provisions of this Act.

(d.)

In addition to the returns hereinbefore required to be made, every taxpayer shall make such new or additional returns as and when the Commissioner from time to time requires.

(e.)

No taxpayer shall be released from his liability to make returns and otherwise comply with the provisions of this Act by reason merely that, in consequence of exemptions or deductions or otherwise, he is not liable to pay tax.

(f.)

Any return made or purporting to be made or signed by or on behalf of any taxpayer shall for all purposes be taken and deemed to be duly signed by such taxpayer until the contrary is proved.

Assessments and Assessment Rolls

17 Valuations of land to be made when required.
1900, No. 49, sec. 19

The Commissioner may make valuations of land in any district or in all districts in New Zealand at such times as he thinks fit:

Provided that not less than two years shall elapse between the making of any such assessment in a district or districts and the making of the succeeding assessment in such district or districts.

18 Commissioner to prepare assessments.
Ibid, sec. 20

From the returns and valuations made as aforesaid the Commissioner shall cause assessments to be prepared for the purpose of ascertaining the amount upon which tax shall be levied, and such assessments shall be entered in assessment rolls.

19 Assessment in case of default or unsatisfactory return.
Ibid, sec. 21

If any taxpayer makes default in furnishing any return, or if the Commissioner is not satisfied with the return made by any taxpayer, he may make and enter in the assessment roll an assessment of the amount on which, in his judgment, tax ought to be levied, and the taxpayer shall be liable to taxation thereon, excepting in so far as he establishes, on objection, that such assessment is excessive.

20 Assessment rolls.
Ibid, sec. 22 Form.

(1.)

The assessment rolls shall be in such form as the Commissioner thinks fit, and those in respect of land shall be kept separate and distinct from those in respect of income.

Alterations.

(2.)

The Commissioner may from time to time and at any time make all such alterations in or additions to any assessment roll as he thinks necessary in order to insure full and accurate assessments, notwithstanding that tax may have been paid in respect of the land or income included in the assessment which he proposes to alter or add to:

Provided that every such alteration or addition which has the effect of imposing any fresh liability or increasing any existing liability shall be notified to the taxpayer affected, and, unless made with his consent, shall be subject to objection.

(3.)

For the purposes of this section the Commissioner may, inter alia, from time to time, in respect of any assessment roll, place thereon or remove therefrom the name of any taxpayer, or the particulars or value or amount of any land or income, or of any deduction relating thereto; or increase or reduce the value or amount of any land or income, or of any deduction relating thereto.

Validity.

(4.)

The validity of any assessment or assessment roll shall not be affected by reason that any of the provisions of this Act have not been complied with.

Evidence.

(5.)

The production of any assessment roll, or of any entry made therein, or of any document under the hand of the Commissioner purporting to be a copy of or extract from such roll, shall be conclusive evidence of the due making of the assessment; and, except in proceedings on objection against the assessment (when the same shall be prima facie evidence only), shall also be conclusive evidence that the amount and all the particulars of such assessment are correct.

(6.)

The production of any document under the hand of the Commissioner purporting to be a copy of or extract from any return or assessment roll or register shall for all purposes be sufficient evidence of the matters therein set forth without producing the original.

21 Notice of assessment to be given.
1900, No. 49, sec. 23

As soon as conveniently may be after any taxpayer’s assessment is made and entered in the assessment roll (whether such roll is completed or not), the Commissioner shall cause to be given to him a notice in writing of such assessment:

Provided that the omission to give any such notice shall not invalidate any assessment.

Objections

22 Objections to be by way of appeal.
Ibid, sec. 24 1903, No. 37, sec. 4

Objections to any assessment of income may be made by or on behalf of the taxpayer assessed, or by the Commissioner, in such manner, within such time, and on such terms and conditions as are prescribed; and with respect to every such objection the following provisions shall apply:—

Hearing.

(a.)

All objections to the assessment of income shall be heard and determined by a Magistrate alone, who, for that purpose, and whatever the amount involved, shall have all the powers conferred upon a Magistrate by “The Magistrates’ Courts Act, 1908”:

Provided that no objection in respect of assessment of income shall be heard in open Court.

(b.)

The objection shall be heard and determined by the Magistrate exercising jurisdiction in the Magistrate’s Court situate in or near the locality in which the subject-matter of the objection arises, or in such other Magistrate’s Court as the parties to the objection agree on.

Procedure.

(c.)

Subject to prescribed regulations, the practice and procedure of the Magistrate’s Court in civil cases shall apply, in so far as the same are applicable, and the burden of proof shall lie on the objector.

Costs.

(d.)

When disposing of the objection the Magistrate may make such order as to costs as he thinks fit.

Decision.

(e.)

The assessment roll shall, where necessary, be altered so as to accord with the Magistrate’s decision.

(f.)

The Magistrate’s decision shall be final, except on points of law.

(g.)

The provisions of sections twenty-six to thirty-two hereof shall, mutatis mutandis, extend and apply to appeals against the decision of a Magistrate on points of law.

23 Objections to be heard by Assessment Court.
1900, No. 49, sec. 25

(1.)

All objections to the assessment of land shall be heard and determined by an Assessment Court constituted under this Act.

(2.)

Each Assessment Court shall consist of three members, of whom one shall be the Magistrate exercising jurisdiction in the Magistrate’s Court situate in or near the locality in which the subject-matter of the objection arises.

(3.)

Such Magistrate shall be the President of the Court.

(4.)

The other two members of the Court shall be appointed by the Governor in Council.

(5.)

The Clerk of such Magistrate’s Court shall be the Clerk of the Assessment Court.

(6.)

In any public notification or advertisement of an intended sitting of an Assessment Court the names of the members of whom the Court is constituted may be stated; and the production of a copy of any such public notification or advertisement purporting to be signed by or on behalf of the Commissioner shall be prima facie proof that the members of the Court so constituted are duly appointed and qualified.

24 List of objections.
1900, No. 49, sec. 26

The Commissioner shall prepare and lay before the Assessment Court, prior to the opening of the Court, a list of all objections to the assessment of land which are to be heard, and the President of the Court shall enter all decisions given by such Court in such list, and shall initial all such entries, and the Commissioner shall correct the roll from such list accordingly.

25 Decision of Court final.
Ibid, sec. 27

(1.)

Subject to the provisions of sections twenty-six to thirty-six hereof, the decision of the Assessment Court shall be final, and the onus of proof shall rest with the objector.

(2.)

If on the hearing of the objection the Assessment Court makes any alteration in the valuation, then it shall make all such consequential alterations as are necessary for the purpose of fixing the capital and unimproved values and the value of improvements.

26 Appeal from decision of Assessment Court.
Ibid, sec. 28

Notwithstanding anything to the contrary in this Act or any other Act, the decision of the Assessment Court on any objection before it shall, with the leave of the President thereof, be subject to appeal to the Supreme Court on points of law in the manner and subject to the provisions hereinafter contained.

27 Notice of appeal.
Ibid, sec. 29

Within seven days after the decision to be appealed against has been given, the appellant shall give notice of appeal, and (except where the appellant is the Commissioner) shall also give security for costs; and with respect to the appeal the following provisions shall apply:—

(a.)

Notice of appeal shall be given by leaving with the Clerk of the Assessment Court and serving on the respondent a notice in writing briefly stating the point of law forming the ground of the appeal.

Security for costs.

(b.)

The security for costs shall be to such amount and in such form as are approved by the President of the Assessment Court.

(c.)

The case on appeal shall consist of a copy of the valuation, the objection thereto, the decision of the Assessment Court, and the notice of appeal.

28 Provisions of appeal.
Ibid, sec. 30

With respect to every case on appeal, the following provisions shall apply:—

(a.)

The appellant shall, within seven days after the latest day on which he could have properly given notice of appeal, deliver to the respondent a draft of the case on appeal for his approval.

(b.)

The respondent, within five days after the receipt thereof, shall return the draft, either approved or altered, as he may desire, to the appellant, who, if the draft is approved or the alterations are accepted, shall engross it in triplicate; and one copy of the engrossment shall be signed by the parties or their solicitors before it is delivered to the Clerk of the Assessment Court as hereinafter provided.

(c.)

If the parties do not agree as to the form of the draft, it shall forthwith be forwarded by the appellant to the Clerk of the Assessment Court; and the President thereof shall, after hearing the parties, if he thinks fit, or either of them, or their solicitors, settle the draft and return it to the appellant, by whom it shall be engrossed in triplicate as settled.

(d.)

Within seven days after the draft has been agreed on or settled as aforesaid the engrossments shall be delivered to the Clerk of the Assessment Court, who shall procure one of them to be signed by the President thereof, and such engrossment shall thereupon be the case on appeal.

(e.)

Each of the two other engrossments shall be made by the Clerk into a correct copy of the case on appeal, and he shall file one copy and forward the other to the respondent.

(f.)

The Clerk shall transmit or deliver the case on appeal to the Registrar of the Supreme Court at the place where the appeal is to be heard, and the Registrar shall, within seven days after receipt thereof, enter the same on the list of cases for hearing at the next practicable sitting of the Supreme Court.

(g.)

If at the hearing the appellant does not appear, the appeal shall be deemed to be abandoned, and shall be struck off the list.

29 Order of Supreme Court final.
1900, No. 49, sec. 31

On the hearing of the appeal the Supreme Court may make such order as it thinks fit, and such order shall be final and conclusive on all parties.

30 Costs of appeal. Amount thereof.
Ibid, sec. 32

The costs of the appeal shall be in the discretion of the Supreme Court, but shall not exceed ten pounds in addition to fees of Court.

31 Rules of Supreme Court to apply.
Ibid, sec. 33

Subject to the provisions of this Act, the rules and practice of the Supreme Court shall apply to appeals under this Act.

32 Pending appeal not to affect decision of Assessment Court.
Ibid, sec. 34

The fact that an appeal is pending shall not in the meantime interfere with or affect the decision of the Assessment Court which forms the subject-matter of the appeal; and rates and taxes may be made, levied, and recovered on the assessment fixed by such decision in like manner as if no appeal were pending:

Provided that in the event of the assessment being altered on appeal a due adjustment shall be made, for which purpose amounts paid in excess shall be refunded, and amounts short-paid shall be recoverable as arrears.

33 Commissioner may increase assessment, or, if owner does not consent, may acquire land.
Ibid, sec. 35 1900, No. 17, sec. 30

If the Commissioner is of opinion that any land (other than a leasehold interest therein) has been fixed by the Assessment Court at less than its capital value, the following provisions shall apply:—

(a.)

He may, within fourteen days after the hearing by the Assessment Court, give notice to the owner by registered letter that he requires the owner to consent to the capital value being fixed at a sum specified in the notice (being the sum which, in the opinion of the Commissioner, is the fair capital value of the land), and that, failing such consent being given within thirty days after such notice is received, or is delivered at its address, the Commissioner will recommend the Governor to acquire the land on behalf of His Majesty at that sum.

(b.)

The owner may, within the said thirty days, but not afterwards, consent to the capital value being fixed at the sum specified in such notice, or at any other sum agreed to by him and the Commissioner; and in such case the capital value shall be fixed in accordance with such notice or agreement, and the roll shall be altered accordingly.

(c.)

If the owner does not consent or make any such agreement as aforesaid, then the Governor may acquire the land on behalf of His Majesty at the sum specified as aforesaid in such notice, and for that purpose may, within a reasonable time, by Order in Council gazetted, declare that the land is vested in His Majesty.

(d.)

The effect of such Order in Council shall be to vest the land in His Majesty for the same estate or interest therein as the owner was entitled to at the date of the gazetting of such Order in Council, but subject to all mortgages and other charges then affecting the land.

(e.)

When such Order in Council has been gazetted the District Land Registrar of the district in which the land is situate shall, at the request of the Minister of Finance, do all things necessary in order to call in outstanding instruments of title, and duly register the title of His Majesty.

(f.)

If the Governor in Council exercises the power aforesaid, then any sum payable to the owner in respect of his estate or interest may be paid to him.

(g.)

If the owner refuses or neglects to receive the money, or is absent from New Zealand, or is under any legal disability, or if the Commissioner is in doubt as to who is entitled to the money, then it shall be paid into the Public Trust Office in trust for the person entitled thereto.

(h.)

On petition to the Supreme Court or a Judge thereof, and on establishing his title to the money, such person may obtain payment thereof, with any interest that may have accrued thereon, nevertheless after deducting the usual and proper charges of the Public Trustee, including all costs incurred by him in connection with the petition:

Provided that the Public Trustee shall not be entitled to charge commission on the capital sum.

34 Owner may give notice to Commissioner to reduce value or acquire land.
1900, No. 49, sec. 35 1900, No. 17, sec. 31

If the owner of any land (other than the owner of a leasehold interest therein) is not satisfied with the value of such land as fixed by the Assessment Court, then the following provisions shall apply:—

(a.)

He may, within fourteen days after the hearing by the Assessment Court, give notice to the Commissioner that he requires the capital value to be reduced to the amount specified in the notice (being the sum which in the opinion of the owner is the fair capital value), or the land to be acquired on behalf of His Majesty at the sum specified in the notice.

Procedure when such notice received by Commissioner.

(b.)

If such notice is duly given, the Commissioner may either reduce the capital value to the sum specified in the notice or to any other sum agreed on by him and the owner, or may refer the matter to the Governor in Council.

(c.)

If the Governor in Council does not approve of the acquisition of the land, then the Commissioner shall reduce the capital value to the amount specified in the notice, or to any other sum agreed on as aforesaid, and shall alter the roll accordingly.

(d.)

If the Governor in Council approves of the acquisition of the land at the sum specified as aforesaid in such notice, then the Governor may, by Order in Council gazetted, declare the land to be vested in His Majesty, whereupon the provisions of paragraphs (d) to (h) of section thirty-three hereof shall, mutatis mutandis, apply.

35 Alterations consequent on alteration in capital value.
1900, No. 49, sec. 35 1900, No. 17, sec. 32

(1.)

If the assessment of the capital value of the land is altered by the Commissioner under the two last preceding sections, a due alteration in the value of improvements and in the unimproved value shall also be made where necessary.

Reference of disputes to Assessment Court.

(2.)

If the Commissioner and the owner are unable to agree as to such last-mentioned alteration, the question shall in the prescribed manner be referred to the Assessment Court, whose decision shall be final.

36 Moneys payable out of Consolidated Fund.
1900, No. 49, sec. 35 1900, No. 17, sec. 33

(1.)

The Minister of Finance shall, upon the Governor’s warrant, pay out of the Consolidated Fund, without further appropriation than this Act, all moneys required to be expended in connection with the acquisition of land under section thirty-three or thirty-four hereof.

Possession of land acquired to be in His Majesty.

(2.)

Whenever land becomes vested in His Majesty under either of the sections aforesaid, then the possession of such land shall be deemed to be in His Majesty, and every person on such land shall be deemed to be an intruder thereon unless he proves a title to such possession as against His Majesty.

Sale and disposal thereof.

(3.)

Any land acquired under this Act may be sold and disposed of in such manner as the Governor in Council directs; and the Governor may, in the name of His Majesty, convey, transfer, or otherwise assure such land in pursuance of any such sale or disposition.

Part IV Assessment of Land

Ordinary Land-tax

37 Ordinary land-tax, on what to be assessed.
1900, No. 49, sec. 36

Ordinary land-tax on land shall, in the case of each owner thereof, be assessed and levied on the total unimproved value of all land other than mortgages, and on the total capital value of all mortgages of which he is the owner, respectively, at noon on the thirty-first day of March in each year, after deducting from the sum-total of such values the capital value of all mortgages (if any) due or owing by him on such land on that date, and also deducting from the value then remaining the special exemption following, that is to say:—

Special exemption.

(a.)

When such remaining value does not exceed one thousand five hundred pounds, an exemption of five hundred pounds; or

(b.)

When such remaining value exceeds one thousand five hundred pounds, an exemption of five hundred pounds, diminishing at the rate of one pound for every two pounds of such excess, so as to leave no exemption when such remaining value amounts to or exceeds two thousand five hundred pounds.

38 Further exemption on account of age or ill health.
Ibid, sec. 37

In any case where the total profits derived in any year by any taxpayer from all the land of which he is the owner, taken together with his total income from all sources during such year, does not exceed two hundred pounds, and by reason of age, ill health, or other disability he is incapacitated from earning any further income from business or employment, the Commissioner, if satisfied of the facts, and that payment of the ordinary land-tax in full would entai hardship, may allow a further exemption not exceeding (with the special exemption hereinbefore provided) a total of two thousand pounds.

39 Assessment of joint tenants, co-partners, co-trustees, &c.
1900, No. 49, sec. 38

With respect to persons owning land as joint tenants, tenants in common, co-partners, co-trustees, or on joint account, the following provisions shall apply:—

(a.)

They shall be assessed jointly, and shall be jointly and severally liable for the due furnishing of returns of such land, and for the payment of the total ordinary land-tax thereon:

Provided that one exemption only in respect of such land shall be allowed, where any exemption is authorised by this Act.

(b.)

Such tax shall be stated and levied separately and distinctly from any other tax chargeable on the same persons or any of them.

40 Purchaser of land on deferred payment liable to tax.
Ibid, sec. 39

Every purchaser of land on credit or deferred payment, and the assignee or transferee of any such purchaser, shall be deemed to be the owner of such land, and shall be liable to assessment and taxation in respect thereof.

41 Mortgage not exempt because land exempt.
Ibid, sec. 40

A mortgage shall not be exempt from land-tax by reason merely that the land comprised therein is exempt.

42 Interest on mortgage.
Ibid, sec. 41

(1.)

A mortgagee shall not be liable to land-tax on money receivable by way of interest on his mortgage.

(2.)

A mortgagor shall not be entitled to deduct from the value of his mortgaged land any money payable by way of interest on the mortgage.

43 Mortgages of banking, or loan, building, and investment companies exempt from land-tax.
Ibid, sec. 42

A banking company shall be exempt from liability to land-tax on mortgages; and a company registered in New Zealand under any Act whose sole or principal business is that of a loan, building, and investment company, and whose head office is situate and management is conducted in New Zealand, shall be similarly exempt.

44 Mortgagor liable to assessment on behalf of absent mortgagee.
Ibid, sec. 43

If a mortgagee is absent from New Zealand, and has no agent in New Zealand known to the Commissioner, then, without releasing the mortgagee from his liability to make returns and pay land-tax in respect of his mortgage, the mortgagor shall be liable to be assessed and to pay land-tax in respect thereof on behalf of the mortgagee.

45 No land-tax in respect of minerals, timber, or flax.
1907, No. 18, sec. 22

(1.)

No land-tax, whether ordinary or graduated, shall be assessed or payable in respect of the value of any minerals, timber, or flax; and for the purpose of any such tax the value of minerals, timber, or flax shall not be taken into account in estimating the value of the land.

(2.)

In this section and also in paragraph (f) of section seventy-nine hereof the term “minerals” means all minerals, metals, coal, oil, gum, clay, stone, gravel, sand, or precious stones existing on or beneath the surface of the land.

(3.)

Nothing in this section shall affect the liability of any person to pay land-tax in respect of a mortgage.

(4.)

Notwithstanding anything in this section, if the Commissioner is of opinion that any land containing minerals or having standing timber or flax thereon is not being worked and used in good faith and to an adequate extent for the purpose of extracting the said minerals or of cutting the said timber or flax, such minerals, timber, or flax shall be excluded from the benefits of this section, and land-tax, both ordinary and graduated, shall be assessed and payable accordingly in respect of the value of such minerals, timber, or flax as if this section had not been in force.

Land-tax in respect of Maori Land, and of Mortgages held by or for Maoris

46 Tax on Maori land occupied by other than Maori owner.
1900, No. 49, sec. 36

With respect to Maori land (other than mortgages) occupied by any person other than the. Maori owner, the following special provisions shall apply, anything in this Act to the contrary notwithstanding: —

(a.)

Such land shall be liable to one-half of the ordinary land-tax (but not to the graduated land-tax) in respect of the Maori owner’s interest therein.

(b.)

If such land is held by a trustee (not being a Maori) in trust for the Maori owner, the tax shall be payable on behalf of the Maori owner by the trustee.

(c.)

In all other cases the tax shall be payable on behalf of the Maori owner by the occupier of such land.

47 Taxation of mortgages held by Maoris.
Ibid, sec. 47

With respect to mortgages held by or in trust for Maoris, the following special provisions shall apply, anything in this Act to the contrary notwithstanding:—

(a.)

Such mortgages shall be liable to the ordinary land-tax.

(b.)

If the mortgagee (not being a Maori) is the trustee, the tax shall be payable by him on behalf of the Maori for whom he is trustee.

(c.)

In all other cases the tax shall be payable by the mortgagor on behalf of the Maori mortgagee.

48 Occupier deemed agent of Maori owner.
Ibid, sec. 48

In all cases, except where such Maori land and mortgages are held by trustees (not being Maoris), the occupier of the land or the mortgagor under the mortgage shall be deemed to be the agent of the Maori owner for all the purposes of this Act; and it shall be sufficient if the Commissioner serves such agent with a notice setting forth the land or mortgage, as the case may be, in respect of which the tax is payable, the assessment thereof, and the amount of the tax.

Part V Graduated Land-tax

49 Interpretation.
1907, No. 18, sec. 2

In this Part of this Act, if not inconsistent with the context,—

“Land” does not include mortgages, but otherwise has the same meaning as in section two hereof:

“Year” means a financial year ending on the thirty-first day of March.

50 Graduated land-tax imposed.
Ibid, sec. 4

(1.)

Every person shall be liable to pay in each year, commencing with the year ending on the thirty-first day of March, one thousand nine hundred and nine, graduated land-tax at the rate hereinafter set forth on all land of which he was the owner at noon on the thirty-first day of March in the preceding year, and the unimproved value of which is five thousand pounds or more.

(2.)

The provisions of this section are subject to any exemptions from graduated land-tax created by this Act.

51 Rate of graduated land-tax on under £40,000.
1907, No. 18. sec. 5

If the unimproved value of the said land is not less than five thousand pounds but is less than forty thousand pounds, the rate of graduated land-tax payable in respect thereof shall be in accordance with the Second Schedule hereto.

52 Rate of graduated land-tax on £40,000 and upwards.
Ibid, sec. 6

(1.)

If the unimproved value of the said land is not less than forty thousand pounds, the rate of graduated land-tax shall be a percentage determined in accordance with the provisions hereinafter contained of the said unimproved value.

(2.)

If the unimproved value of the said land is not less than forty thousand pounds but is less than forty-one thousand pounds, the said percentage shall be eight shillings for every hundred pounds of the said value.

(3.)

For every additional thousand pounds of the said value over the amount of forty thousand pounds the said percentage shall be increased by one-fifth of a shilling, and the percentage so increased shall be charged on the total unimproved value of the land in respect of which the said tax is assessed.

(4.)

Notwithstanding the provisions hereinbefore contained for a progressive increase, the said percentage shall reach its maximum in the case of land of which the unimproved value is two hundred thousand pounds; and in this case, and in all cases in which the unimproved value exceeds two hundred thousand pounds, the said percentage shall be two pounds for every hundred pounds of the total unimproved value.

53 Increase of twenty-five per centum.
Ibid, sec. 7

(1.)

Notwithstanding anything hereinbefore contained, each of the said percentages determined as aforesaid shall be increased by twenty-five per centum thereof in the case of all land other than business premises as herein defined.

(2.)

The term “business premises” means any piece of land included within the area of a building used for business purposes, together with such additional land as immediately adjoins the said building, and is used and occupied in connection therewith, and does not exceed in extent the area of the building itself.

(3.)

A building shall be deemed to be used for business purposes within the meaning of this section if it is exclusively or principally used, whether by the owner or by any occupier or occupiers, for the purposes of any business, trade, or industry.

(4.)

When the same person is the owner both of business premises and of other land, graduated land-tax shall be assessed in respect of the whole of such business premises and other land without the said increase of twenty-five per centum, and the said increase shall then be calculated only on the amount of graduated land-tax that would be payable by him if he were not the owner of the business premises.

(5.)

Nothing in this section shall affect the rate of graduated land-tax payable in accordance with the Second Schedule hereto.

(6.)

This section shall commence to take effect with respect to the graduated land-tax payable for the year ending on the thirty-first day of March, one thousand nine hundred and ten.

54 Tax payable by absentee.
Ibid, sec. 8

(1.)

Notwithstanding anything hereinbefore contained, every taxpayer who on the thirty-first day of March in any year is an absentee within, the meaning of this section shall be assessed and liable for graduated land-tax at a rate greater by fifty per centum than the rate at which he would have been assessed independently of this section.

(2.)

Every person shall be deemed to be an absentee for the purposes of this section unless he has been personally present in New Zealand for at least one-half of the period of four years immediately preceding the year in and for which he is assessed for graduated land-tax:

Provided that no person who has acquired all his land in New Zealand within the said period of four years shall be deemed to be an absentee if he has been personally present in New Zealand for at least one-half of the period which has elapsed between the time when he first acquired any of that land and the commencement of the year in and for which he is assessed for graduated land-tax.

(3.)

If an absentee taxpayer is liable to be assessed for graduated land-tax jointly with any other taxpayer who is not an absentee, they shall be assessed and liable jointly as if neither was an absentee, and the absentee taxpayer shall also be separately assessed and liable in accordance with the provisions of section fifty-nine hereof for the additional tax imposed by this section.

(4.)

This section shall not apply to companies, but shall apply to shareholders in companies in accordance with the provisions of section fifty-seven hereof.

55 Life tenant liable as if owner of fee-simple.
1907, No. 18, sec. 9

The owner of any life estate or of any other freehold estate less than the fee-simple shall be deemed for the purposes of this Part of this Act to be the owner of the fee-simple to the exclusion of any person entitled in reversion or remainder, and shall be assessed and liable for graduated land-tax accordingly.

56 Lessees liable as if owners.
Ibid, sec. 10

(1.)

Any person owning any leasehold estate in land, whether legal or equitable, shall be deemed for the purposes of this Part of this Act (though not to the exclusion of the liability of any other person) to be the owner of the fee-simple of the land, and shall be assessed and liable for graduated land-tax accordingly.

Deduction from tax payable by owner of leasehold estate.

(2.)

In the case of the owner of a leasehold estate in land there shall be deducted from the amount of graduated land-tax so payable by him in respect of that land (so far as it exceeds the graduated land-tax, if any, that would be payable by him in respect of the value of his leasehold estate independently of this section) the amount of graduated land-tax (if any) payable in respect of that land by the owner of any freehold estate or of any precedent leasehold estate in the said land or any part thereof.

(3.)

The provisions of this section shall not apply to leasehold estates in any business premises as hereinbefore defined, or in any land of the Crown, or in any Maori land, or in any land vested in any person who in respect thereof is wholly exempted from land-tax both ordinary and graduated.

(4.)

The provisions of this section shall not apply to any leasehold estate existing on the twenty-sixth day of October, one thousand nine hundred and seven (being the date of the coming into operation of “The Land and Income Assessment Act, 1907”), unless the owner of such leasehold estate or his predecessor in title has been at any time within five years next before that date the owner at law or in equity of a freehold estate in the land which is subject to such lease.

57 Shareholders liable as if owners of the company’s land.
1907, No. 18, sec. 11

(1.)

For the purposes of this Part of this Act all land owned by a company shall be deemed (though not to the exclusion of the liability of the company or of any other persons) to be owned in common by the shareholders of that company in the proportions which their interests in the paid-up capital of the company bear to the total paid-up capital; and the said shareholders shall be individually assessed and liable for graduated land-tax accordingly in manner provided by subsections three and four of section fifty-nine hereof, and shall be entitled to the same deduction as is therein provided.

(2.)

The term “shareholder” shall for the purposes of this and. the next succeeding section include all persons on whose behalf a share in the company is held by a trustee or by any other person.

(3.)

The provisions of this section shall extend to all land which is deemed to be owned by a company under any of the provisions of this Part of this Act.

58 Two companies having the same shareholders to be deemed one.
Ibid, sec. 12

(1.)

If two or more companies consist substantially of the same shareholders, these companies shall be deemed for the purposes of the graduated land-tax to be a single company, and shall be jointly assessed and liable accordingly, with such rights of contribution or indemnity between themselves as is just.

(2.)

For the purposes of this section two companies shall be deemed to consist substantially of the same shareholders if not less than three-fourths of the paid-up capital of each of them is held by or on behalf of shareholders in the other. Shares in one company held by or on behalf of another company shall for this purpose be deemed to be held by shareholders in the last-mentioned company.

59 Joint owners to be assessed both jointly and severally.
Ibid, sec. 13

(1.)

Whenever two or more persons (hereinafter called joint owners) own land jointly or in common, whether as partners or otherwise, they shall be assessed and liable for graduated land-tax in accordance with the provisions of this section.

(2.)

The joint owners shall be jointly assessed and liable in respect of the land so owned by them jointly or in common (hereinafter called the joint estate) as if it was owned by a single person, without regard to their respective interests in the same, and without taking into account any land owned by any one of them in severalty, or jointly or in common with any other person.

(3.)

Each joint owner shall in addition be assessed and liable in respect of his individual interest in the joint estate together with any other land owned by him in severalty and with his individual interests in any other land.

(4.)

In the case of each joint owner there shall be deducted from the tax so payable by him under the provisions of the last preceding sub-section (so far as such tax exceeds the graduated land-tax that would be payable by him if he owned no interest in any joint estate) his share of the tax so payable in respect of the joint estate.

(5.)

The share of a joint owner in the tax so payable in respect of the joint estate shall bear the same proportion to the amount of that tax as his interest in the joint estate bears to the whole value of that estate.

60 Joint occupiers to be liable as if joint owners.
Ibid, sec. 14

(1.)

When two or more persons own land in severalty but occupy it jointly, whether as partners or on joint account or otherwise, the same graduated land-tax shall be payable by them and by each of them as if they owned the whole of the said land jointly, in the proportions which the unimproved values of the lands so severally owned bear to one another, and for the purposes of this Part of this Act they shall be deemed to be joint owners of the said lands accordingly.

(2.)

Without limiting in any way the meaning of the term “joint occupation,” two or more persons shall be deemed to occupy lands jointly within the meaning of this section if those lands are occupied, worked, or managed by any one or more of such persons on behalf of all of them or on a joint account, or if those lands are occupied, worked, or managed by any other person as trustee for or otherwise on behalf of all of those persons.

61 Buyer in possession liable although conveyance has not been executed.
1907, No. 18, sec. 15

Where any agreement has been made for the sale of land, whether before or after the coming into operation of this Act, the buyer shall be deemed to be the owner of the land for the purposes of this Part of this Act (though not to the exclusion of the liability of any other person) so soon as he has obtained possession of the land so purchased, whether the agreement has been completed by conveyance or not.

62 Seller to remain liable until certain conditions fulfilled.
Ibid, sec. 16

(1.)

When any agreement has been made for the sale of land, whether before or after the coming into operation of this Act, and whether the same has been completed by conveyance or not, the seller shall be deemed to remain the owner of the land for the purposes of this Part of this Act (though not to the exclusion of the liability of any other person) until possession of the land has been delivered to the purchaser and at least fifteen per centum of the purchase-money has been paid:

Provided that in any case in which possession has been so delivered, but less than fifteen per centum of the purchase-money has been paid, it shall be lawful for the Commissioner to exempt the seller from the provisions of this section, if the Commissioner is satisfied that the said agreement for sale has been made in good faith, and not for the purpose of evading the payment of graduated land-tax, and that the said agreement is still in force. In any such case the decision of the Commissioner shall be final and conclusive.

(2.)

In estimating the amount of purchase-money which has been so paid, all money owing by the purchaser to the seller and secured by any mortgage or other charge on the land, and all money lent to the purchaser by the seller, and all money owing by the purchaser to any other person, and directly or indirectly guaranteed by the seller, shall be deemed to be unpaid purchase-money.

Tax payable by buyer may be deducted from amount payable by seller.

(3.)

When by virtue of this and the last preceding section the buyer and seller of land are both liable for graduated land-tax in respect thereof, there shall be deducted from the tax so payable by the seller in respect of the said land the amount of the said tax payable in respect thereof by the buyer.

(4.)

Nothing in this section applies—

(a.)

To any agreement of sale made more than five years before the twenty-sixth day of October, one thousand nine hundred and seven (being the date of the coming into operation of “The Land and Income Assessment Act, 1907”); or

(b.)

To any agreement of sale made, whether before or after that date, by a seller who at the date of such agreement was not the owner of any land the unimproved value of which, including the unimproved value of the land so sold by him, was more than forty thousand pounds.

63 No disposition to be effective so long as possession retained.
1907, No. 18, sec. 17

No conveyance, transfer, declaration of trust, settlement, or other disposition of land, whether made before or after the coming into operation of this Act, shall be effective so as to exempt the person making the same, so long as he remains or is in possession or in receipt of the rents or profits of any such land, whether on his own account or on account of any other person, from any graduated land-tax which would have become payable in respect of such land had no such conveyance, transfer, declaration of trust, settlement, or other disposition taken place; and for the purposes of this Part of this Act the person so making the same shall, while he remains or is so in possession of the land or in receipt of the rents or profits thereof, be deemed (though not to the exclusion of the liability of any other person) the owner of the said land.

64 Equitable owners to be liable as if legal.
Ibid, sec. 18

Subject to the other provisions of this Part of this Act, the owner of any equitable estate or interest in land shall be assessed and liable in respect of graduated land-tax as if the estate or interest so owned by him were legal, but there shall be deducted from the said tax so payable by him in respect of that estate or interest the amount of any graduated land-tax paid in respect thereof by the legal owner of the land.

65 Trustees to be liable as if beneficially entitled.
Ibid, sec. 19

(1.)

Any person in whom land is vested as a trustee, executor, or administrator shall be assessed and liable in respect of the graduated land-tax as if he were beneficially entitled to such land, save that when he is the owner of different lands in severalty in trust for different beneficial owners who are not, by reason of joint occupation or otherwise, liable to be jointly assessed for graduated land-tax in respect of the same, the said tax so payable by him shall be separately calculated and assessed in respect of each of those lands; and save also that when a trustee is also the beneficial owner of other land, he shall be separately assessed in respect of that land, and of the land of which he is a trustee, unless by reason of joint occupancy or for any other reason he is liable to be jointly assessed independently of this section.

(2.)

Notwithstanding anything in this section, a trustee, executor, or administrator may be assessed for graduated land-tax in respect of the interest of any beneficiary in the land owned by the trustee, executor, or administrator at the rate at which the beneficiary himself is liable to be assessed, when by reason of the ownership of other land or for any other reason the beneficiary is liable to be assessed at a higher rate than that at which the trustee, executor, or administrator would be assessed independently of this section.

66 No deduction of mortgage-money or unpaid purchase-money.
Ibid, sec. 20

For the purposes of the graduated land-tax, no deduction from the unimproved value of the land shall be allowed in respect of any mortgage or other charge to which the said land is subject, or in respect of any unpaid purchase-money, and a mortgagor shall be assessed and liable for the said tax as if he were the legal owner of an unincumbered estate.

67 Mortgagees not liable.
Ibid, sec. 21

(1.)

No mortgagee or other person owning any legal or equitable estate or interest in any land by way of security for money shall be liable to pay graduated land-tax in respect of that mortgage or other estate or interest

(2.)

Nothing in this section shall affect the provisions of section ninety-nine or one hundred and two hereof, but the owner of a mortgage existing on the twenty-sixth day of October, one thousand nine hundred and seven (being the date of the coming into operation of “The Land and Income Assessment Act, 1907”), shall not become liable under the provisions of those sections to pay any greater sum than he would have been liable to pay if that Act and this Part of this Act had not been passed.

Mortgagees in possession liable like lessees.

(3.)

Notwithstanding anything in this section, any mortgagee in possession of land or any other person who is in possession of land by way of a security for money shall be deemed for the purposes of this Part of this Act, so long as such possession continues (though not to the exclusion of the liability of any other person), to be the beneficial owner of the estate or interest which is subject to such mortgage or other security, and shall be liable for graduated land-tax accordingly; but there shall be deducted from the tax so payable by him the amount of graduated land-tax (if any) paid in respect of such estate or interest by the mortgagor or other owner thereof.

68 Exemption of Church properties.
1907, No. 18, sec. 23

(1.)

No graduated land-tax shall be payable in respect of any estate or interest owned by or in trust for any Church or religious society if the land which is subject to such estate or interest, or the rents or profits of such land, are used exclusively for religious, charitable, or educational purposes.

(2.)

No institution or society shall be deemed to be a Church or religious society within the meaning of this section unless the principal purpose for which such institution or society is established is the teaching, maintenance, or advancement of religion.

(3.)

This section shall be deemed to have commenced to take effect with respect to graduated land-tax payable for the year ending on the thirty-first day of March, one thousand nine hundred and eight.

Part VI Assessment of Debentures issued by Companies

69 Company deemed agent of debenture-holders.
1900, No. 49, sec. 49

With respect to debentures issued by a company the following provisions shall apply:—

(a.)

The company shall be deemed to be the agent of all the debenture-holders, whether in or beyond New Zealand, and shall be liable to assessment and taxation accordingly.

(b.)

Such assessment shall be separate and distinct from the company’s own assessment, and no deduction by way of exemption or otherwise shall be allowed to the company as such agent, nor to any debenture-holder.

70 Procedure where debenture-money invested on mortgage or charged on land.
Ibid, sec. 50

The company shall be liable to income-tax in respect of all income derived by the debenture-holders from such debentures: Provided that—

(a.)

It shall not be so liable in respect of any of the money borrowed which, at the thirty-first day of March next preceding the date for making the annual returns of income, was then invested by the company on such duly registered mortgages of land in New Zealand as were then assessable for land-tax.

(b.)

Where it is proved to the satisfaction of the Commissioner that any money borrowed on debentures is charged on land of which the company is the owner, the amount so charged shall, to the extent of the capital value of the land, be deemed to be a duly registered mortgage in favour of all the debenture-holders, and may be deducted by the company when making its own return for land-tax.

(c.)

The company shall, however, as agent for the debenture-holders, be liable to assessment for land-tax in respect of the amount so deducted, but shall not be liable to income-tax in respect of debentures equal to such amount.

Part VII Assessment of Income

Income of Companies

71 Income of company.
1900, No. 49, sec. 51 Income-tax to be assessed thereon.

Where the taxpayer is a company, its income derived from business shall, except in so far as the meaning of income is extended or modified in the five next succeeding sections, be deemed to include all profits derived from or received in New Zealand from such business in each year ending at the close of the thirty-first day of March, including therein all profits falling within the definitions of “income derived from business” and “income derived from employment or emolument” in sections seventy-nine and eighty hereof, and also all profits from investments of any kind other than investments in land, and including also all dividends earned and sums carried to any reserve, sinking, or insurance fund howsoever designated, and income-tax shall be assessed and levied on all such income accordingly.

72 Income of banking company.
Ibid, sec. 52

In the case of a banking company, such income each year shall be deemed to be a sum equal to ten shillings in every one hundred pounds of the average of its total assets and liabilities for the four quarters of the year, according to the sworn statements published in the Gazette as required by law, and income-tax shall be payable accordingly.

73 Income of loan, building, and investment company.
Ibid, sec. 53

In the case of a company registered in New Zealand under any Act whose sole or principal business is that of a loan, building, and investment company, and whose head office is situated and management is conducted in New Zealand, such income shall include all interest and profits derived or received by it from mortgages, and income-tax shall be payable accordingly.

74 Income of insurance company, other than life.
Ibid, sec. 54

In the case of a company carrying on the business of insurance or guarantee against loss, damage, or risk of any kind whatsoever (other than life insurance), the following provisions shall apply:—

(a.)

Such income shall not include income derived from business carried on out of New Zealand.

(b.)

The company shall supply the Commissioner with whatever information he requires for determining what portion of its income is to be deemed to be its income derived from business carried on in New Zealand and what portion is not, and income-tax shall be payable accordingly.

75 Income of life-insurance company.
1900, No. 49, sec. 55

In the case of a company carrying on the business of life insurance (including the Government Life Insurance Department), such income shall be deemed to be a sum equal to its total income from investments of any kind other than investments in or on land, and income-tax shall be payable accordingly.

76 Income of mining company.
Ibid, sec. 56 1903, No. 37. sec. 6

In the case of a company formed for mining purposes within the meaning of Part XII of “The Companies Act, 1908,” or having those purposes amongst its objects, and registered under that Act or registered elsewhere than in New Zealand, but carrying on mining operations in New Zealand, the following provisions shall apply:—

(a.)

Such company’s income derived from business in respect of mining in any year shall be deemed to be a sum equal to one-half of the dividends paid by such company to its shareholders in such year, and the company shall be liable to income-tax accordingly.

(b.)

Such tax shall be irrespective of any tax to which such company may be liable in respect of income derived from business other than mining.

(c.)

The Commissioner may from time to time require such company to furnish evidence and particulars to his satisfaction for the purpose of insuring the proper assessment of the company.

77 No exemption to company.
1900, No. 49, sec. 57

No company shall be entitled to any deduction by way of exemption in respect of assessment for income-tax.

Income of Taxpayers other than Companies

78 Income-tax, on what to be assessed.
Ibid, sec. 58

Where the taxpayer is other than a company, income-tax shall be assessed and levied on—

(a.)

Income derived from business; and

(b.)

Income derived from employment or emolument.

79 Income derived from business.
Ibid, sec. 59 1907, No. 18, sec. 22(3)

“Income derived from business” includes, but without limiting the meaning of the words, the profits derived from or received in New Zealand by any taxpayer, in or out of New Zealand, in each year ending the thirty-first day of March, from the following sources:—

(a.)

From any business:

(b.)

From the purchase, sale, or other disposition of personal property:

(c.)

From the purchase, sale, or other disposition of real property, if the taxpayer’s ordinary business comprises dealing in such property, but not otherwise:

(d.)

From loans, investments, or deposits of money, whatever their nature and howsoever made, other than mortgages, and from any contract under which income is derived or received:

(e.)

From Crown land held or occupied as a small grazing-run or for pastoral purposes under “The Land Act, 1908,” or any former Land Act:

(f.)

From the extraction, removal, sale, or treatment of minerals, timber, or flax, whether by the owner of the land or by any other person, and whether the said income is derived by way of rent, royalties, commercial profit, or otherwise howsoever;

(g.)

From the business of dealing in live-stock, meat, butter, cheese, or wool, or in grain, fruit, or other crops, being the natural products of land, carried on by any person other than the owner of such land:

Provided that when the taxpayer is also the owner of land which, being used for purposes of the said business, is not in itself sufficient for the full sustenance or production of such live-stock or other products, then the Commissioner shall assess for income-tax only the profits derived from dealing in so much of the above-named livestock or products as is in excess of the capacity of the said land to fully sustain or produce:

(h.)

From any charge or annuity of any kind, other than a mortgage:

(i.)

From the annual or other dividends or profits accruing to any member or shareholder from shares or rights of membership in any building society duly registered under any Act relating to building societies:

(j.)

From every source whatsoever (including rents, interest, or profits from lands or mortgages) out of New Zealand whereby income is derived or received in New Zealand:

But does not include—

(k.)

Dividends derived by the owner of the shares of any company registered in New Zealand (except a building society) in respect of such shares: nor

(l.)

Profits resulting to the owner from the purchase, sale, or other disposition of the shares of any company whatsoever, except where such owner’s ordinary business comprises dealings therein: nor

(m.)

Income liable to taxation under any other provision of this Act, or expressly exempt from taxation under this Act.

80 Income derived from employment or emolument.
1900, No. 49, sec. 60

“Income derived from employment or emolument” means the profits derived from or received in New Zealand by any taxpayer, in or out of New Zealand, in each year ending the thirty-first day of March, from the following sources:—

(a.)

From any profession, employment, or vocation of any kind not otherwise liable to taxation under this Act:

(b.)

From any salary, wages, allowances, stipend, or pension (other than a pension hereinbefore exempt from tax), including all sums received or receivable by way of bonus, extra salary, or emolument of any kind.

81 Deduction by way of special exemption.
Ibid, sec. 61

From the yearly income of every taxpayer, other than a company, there shall be deducted by way of special exemption the sum of three hundred pounds:

Provided nevertheless as follows:—

(a.)

No taxpayer, whether alone or in partnership, shall be entitled to more than one such exemption, and such one exemption shall be deducted from the total amount of his income derived from every business, employment, and emolument:

Non-resident not entitled thereto.

(b.)

No taxpayer, whether alone or in partnership, shall be entitled to such exemption if his home has not been in New Zealand during some part of the year next preceding the commencement of the year of assessment.

82 Certain life-insurance premiums deductible.
1900, No. 49, sec. 62

Any taxpayer who has effected an insurance on his own life for his own benefit, or for the benefit of his wife and children, or one or some of them, shall be entitled to deduct from his income for any year, as an outgoing, the amount of premiums (to the extent of not more than fifty pounds) paid in that year in respect of such insurance.

83 When premium may be deducted from partnership income.
Ibid, sec. 63

If such taxpayer is a co-partner in any business or employment, and has no income other than that derived from the co-partnership, or if, having other income, the amount thereof is insufficient to allow of the foregoing deduction in respect of premiums, then such deduction, or any part thereof, may be made from his share of the partnership income.

84 Assessment of income derived from flax or timber, &c.
1907, No. 18, sec. 22(7)

In assessing under the provisions of paragraph (f) of section seventy-nine hereof the income derived by any taxpayer from the removal of flax or timber from any land there shall be deducted a sum equal to five per centum of the amount in respect of which the said taxpayer was last assessed for land-tax by reason of the ownership or occupation of the land used by him for the production of such income.

Income of all Taxpayers engaged in Shipping

85 How income of owner or charterer of shipping to be assessed.
1900, No. 49, sec. 64

In the case of a taxpayer (whether a company or not) carrying on business as owner or charterer of shipping, the following provisions shall apply:—

(a.)

Such taxpayer’s income derived from business in New Zealand shall be deemed to include income derived or received from business originating and carried on in New Zealand, and also from business originating in New Zealand and carried on out of New Zealand, but not income derived or received from business originating out of New Zealand although carried on in New Zealand, and income-tax shall be payable accordingly.

(b.)

Such taxpayer shall supply the Commissioner with whatever information he requires for determining what portion of income is to be deemed income derived from business in New Zealand and what portion is not.

(c.)

The Governor may from time to time make such regulations as he deems necessary in order to give full effect to the provisions of this section.

General Provisions as to Income of all Taxpayers

86 When taxpayer deemed to have derived income.
Ibid, sec. 65

For the purposes of this Act a taxpayer (whether a company or not) shall be deemed to have derived income although the same has not been actually paid to or received by him, but has been credited in account, or reinvested, or accumulated, or capitalised, or carried to any reserve, sinking, or insurance fund, however designated, or otherwise dealt with in his name or interest or on his behalf.

87 Items not deductible when ascertaining income.
Ibid, sec. 66 1903, No. 37, sec. 8

In ascertaining the income derived from business, employment, or emolument, no deduction shall be made in respect of any of the following items:—

(a.)

Repair of premises, or supply or repair of or alterations in implements, utensils, or machinery used for such business, employment, or emolument beyond the sum usually expended in any year for such purposes:

Provided that, in cases where depreciation (whether caused by fair wear-and-tear, or by the fact of any such implements, utensils, or machinery becoming obsolete or useless) cannot be made good by repairs, the Commissioner may allow such deduction as he deems just:

(b.)

Any loss or outgoing not actually incurred in New Zealand:

(c.)

Investment of capital; expenditure of capital; loss of capital; capital withdrawn; money used or intended to be used as capital; money used in the improvement of premises occupied; interest which might have been made on such capital or money if laid out at interest:

(d.)

Bad debts, except bad debts proved to be such to the satisfaction of the Commissioner:

(e.)

Any average loss beyond the actual amount of loss after adjustment; any sum recoverable under any insurance or contract of indemnity:

(f.)

Disbursements or expenses of any kind, not wholly and exclusively incurred in the production of the assessable income from such business, employment, or emolument:

(g.)

Maintenance of the taxpayer, his family or domestic establishment:

(h.)

Payments of any kind made by husband to wife or by wife to husband:

(i.)

Rent of any dwellinghouse or domestic offices, except in so far as they are used for the purposes of such business, employment, or emolument, and not exceeding such proportion of the said rent as may be allowed by the Commissioner;

(j.)

Land-tax or income-tax:

(k.)

Sums expended for any domestic or private purposes distinct from the purposes of such business, employment, or emolument:

(l.)

Losses, outgoings, and expenses incurred in connection with the ownership and use of land, except in cases where the profits derived from such ownership and use are liable to assessment for income-tax:

Provided that where it is difficult to apportion such losses, outgoings, and expenses between land on the one hand and business, employment, or emolument on the other, they may be adjusted in such manner as the Commissioner thinks just:

(m.)

Interest payable on any mortgage:

(n.)

Losses or expenses incurred by the owner from the purchase, sale, or other disposition of shares of any company, except where such owner’s ordinary business comprises dealings therein.

88 Partners to make joint return.
1900, No. 49, sec. 67

With respect to taxpayers deriving or receiving income from business, employment, or emolument as co-partners or on joint account, the following provisions shall apply:—

Jointly and severally liable for tax.

(a.)

They shall be liable to make a joint return of such business, employment, or emolument, and shall be jointly and severally liable for the payment of the total income-tax thereon.

(b.)

Such tax shall be stated and levied separately from any other tax chargeable on the same taxpayers or any of them.

89 Claim for deduction in respect of business premises.
1903, No. 37, sec. 9

Where any taxpayer occupies and actually uses for the sole purposes of his business any business premises or any portion thereof of which he is the owner, he shall be entitled, in any return of income derived from such business, to claim as an outgoing a sum computed at the rate of five per centum per annum on the capital value at which his interest in such business premises or portion thereof was last assessed for land-tax.

90 Security for payment of income-tax may be required in certain cases.
1900, No. 49, sec. 69 1903, No. 37, sec. 10

(1.)

If at any time the Commissioner has reason to believe that any taxpayer establishing or carrying on business in New Zealand intends to carry on such business for a short time only, he may at any time and from time to time require such taxpayer to give security by way of bond, deposit, or otherwise to the satisfaction of the Commissioner for the due assessment and payment of income-tax on the profits derived from such business.

(2.)

Such taxpayer shall be deemed to be the agent for the purposes of this Act of all persons in his employ.

(3.)

The Governor may from time to time make such regulations as he deems necessary in order to give full effect to the provisions of this section.

Part VIII Payment of Taxation, and Procedure to enforce same

Due Date of Tax

91 Dates for payment of tax to be appointed by Governor in Council.
1900, No. 49, sec. 70

Land-tax and income-tax for each year shall be due and payable on such respective dates as are appointed in that behalf by the Governor in Council; and the Commissioner shall in each case give not less than fourteen days’ public notice of the date so appointed.

92 If tax unpaid fourteen days after due date, 10 per centum to be added.
Ibid, sec. 71 1903, No. 37, sec. 11

If any tax remains unpaid at the expiration of fourteen days after the due date thereof, ten per centum on the amount of the tax unpaid shall be and be deemed to be added thereto by way of additional tax, and shall be payable accordingly:

Provided that in any case where such non-payment is in consequence of the taxpayer having omitted or neglected to make full and complete returns, the Commissioner, if satisfied that the taxpayer has not been guilty of wilful neglect or default, shall send to him notice of the amount of the overdue tax, and no additional tax shall be charged save in respect of so much of such overdue tax as remains unpaid at the expiration of fourteen days from the date of such notice.

Recovery of Tax in Arrear

93 Tax recoverable by Commissioner.
1900, No. 49, sec. 72

All unpaid tax shall be recoverable in any Court of competent jurisdiction by the Commissioner, on behalf of the Crown, by suit in his official name.

94 Procedure for recovery of tax.
Ibid, sec. 73

With respect to proceedings in any Court for the recovery of tax the following provisions shall apply:—

(a.)

It shall be sufficient if the particulars of demand state the amount sought to be recovered, and the date on which the same was payable, with such further and other particulars as the Commissioner thinks necessary in order to fully inform the defendant of the nature of the demand.

(b.)

If the summons is served upon the defendant at least thirty days before the day appointed for hearing, then, unless eight days before such day a statement in writing by or on behalf of the defendant, showing a defence on the merits, is filed in the Court, judgment shall be given for the amount claimed and costs, without allowing any defence, and without the necessity of the Commissioner or any one on his behalf appearing in Court or proving the liability of the defendant.

95 Mode of service when defendant absent, or cannot be found.
1900, No. 49, sec. 74

If in any proceedings for the recovery of any tax against any taxpayer whose name is entered on the assessment roll the defendant—

(a.)

Is absent from New Zealand, and has not to the knowledge of the Commissioner, after reasonable inquiry in that behalf, any attorney or agent in New Zealand on whom service of process can be effected; or

(b.)

Cannot after reasonable inquiry be found,—

then, notwithstanding any Act or rule of Court to the contrary, good service of any summons or writ may, without leave of the Court, be effected on him by posting the same, or a sealed copy thereof, in a letter addressed to him at his last known place of business or abode in New Zealand, and, in the case of land-tax, by affixing the same on a conspicuous part of the land to which the tax relates.

Special Provisions

96 Commissioner or officers may appear in proceedings.
Ibid, sec. 75

In all proceedings under this Act the Commissioner may appear either personally, or by solicitor, or by some officer in the public service of New Zealand; and the appearance of any such solicitor or officer, and his statement that he so appears by authority of the Commissioner, shall be sufficient evidence of such authority for all purposes.

97 Procedure when name of owner of land cannot be ascertained.
Ibid, sec. 76

Whenever, after reasonable inquiry to the satisfaction of the Commissioner, the name of the owner of any land cannot be ascertained, the following provisions shall apply:—

(a.)

He shall be entered on the assessment roll under the designation of “the owner” of such land, and under that designation he shall be assessed and be liable to tax in respect of such land.

(b.)

Proceedings for the recovery of such tax may be taken, and judgment may be given against him and enforced, under the designation aforesaid.

(c.)

Good service of any notice, summons, or writ may be effected on him by affixing the same, or a sealed copy thereof, on a conspicuous part of the land to which the tax relates, any Act or rule of Court to the contrary notwithstanding.

98 Provisions when full taxation not paid during lifetime.
Ibid, sec. 77

For the purpose of insuring the due making of full and complete returns and the full payment of taxation, the following provisions shall apply in any case where, whether intentionally or not, any taxpayer escapes full taxation in his lifetime by reason of not having duly made full and complete returns, that is to say:—

(a.)

The Commissioner shall have the same powers and remedies against the executors or administrators of such taxpayer as he would have had against him in his lifetime.

(b.)

Such executors or administrators shall make such returns as the Commissioner requires for the purpose of the full assessment of all land and income in respect of which full taxation has not been duly paid as aforesaid.

(c.)

The assessment shall be made at the respective rates of tax payable in respect of the year or years for which tax ought to have been paid; and the amount payable and to be recovered shall be treble the amount of the tax so assessed, and shall be a first charge on all such taxpayer’s estate.

(d.)

No time or period which has heretofore elapsed or may hereafter elapse shall be deemed to prevent the operation of this section; and the Commissioner may take all such proceedings and exercise all such powers and remedies for the purpose of giving effect to this section and recovering such treble tax as in the case of ordinary assessment and taxation.

99 Tax to be a first charge on land.
1900, No. 49, sec. 78 1903, No. 37, sec. 12

(1.)

The tax on land shall, by force of this Act, and whether registered or not, be a first charge on the land in respect of which it is payable, and such charge shall have priority over all other incumbrances whatsoever; and, notwithstanding any disposition of any land, it shall continue to be liable, in the hands of any purchaser or holder thereof, for the payment of such tax so long as the same remains unpaid.

(2.)

Where the Commissioner deems it advisable to register the charge, he may deposit with the proper Registrar a certificate under his hand describing the land charged, and stating that there are arrears of land-tax payable in respect thereof, and the Registrar shall register such certificate accordingly.

100 Statutes of limitation not to bar remedy.
1900, No. 49, sec. 79

No statute of limitations now or hereafter in force shall bar or affect any action or remedy for recovery of tax.

101 Act not to limit operation of the Crown Suits Act.
Ibid, sec. 80

Subject to the provisions of the last preceding section, nothing in this Act shall be construed to limit or affect the operation of “The Crown Suits Act, 1908,” and all rights and remedies conferred upon the Crown by that Act and by this Act shall co-exist and may be exercised independently of one another.

102 Remedy against lessee, mortgagee, mortgagor, &c., if taxpayer makes default.
Ibid, sec. 81

In any case where a taxpayer makes default in the payment of any land-tax, then, without in any way releasing him from his liability therefor, the following provisions shall apply so long as such default continues:—

(a.)

If the land-tax is payable in respect of land subject to any lease or mortgage, or occupied by any person, then the lessee, mortgagee, or occupier shall be responsible for the payment of such land-tax, and the same may be recovered from him as if he were the defaulting taxpayer.

(b.)

If the land-tax is payable in respect of any mortgage, then the mortgagor shall be responsible for the payment thereof, and the same may be recovered from him as if he were the defaulting taxpayer.

(c.)

All payments made under this section by any such lessee, mortgagee, occupier, or mortgagor as aforesaid shall be deemed to be made on behalf of the defaulting taxpayer.

103 Contracts to evade tax void.
Ibid, sec. 82

Every contract, agreement, or arrangement made or entered into, in writing or verbally, either before or after the coming into operation of this Act, shall be absolutely void in so far as, directly or indirectly, it has or purports to have the purpose or effect of in any way directly or indirectly altering the incidence of any tax, or relieving any person from liability to pay any tax or make any return, or defeating, evading, or avoiding any duty or liability imposed on any person by this Act, or preventing the operation of this Act in any respect.

104 Administrative powers.
1900, No. 49, sec. 83 1903, No. 37, sec. 13

For the more effective administration of this Act the following provisions shall apply:—

Salary and wage lists to be furnished.

(a.)

Every person, local authority, and public or private body or society, whether a taxpayer or not, and every department of the public service, shall from time to time furnish the Commissioner with a return of all persons employed by him or it, and the salary, wages, stipend, or other allowances or emolument paid or allowed to each person so employed.

Returns of deposits in banks, &c.

(b.)

Every banking company, and every other company, firm, or person who in the course of business holds money by way of deposit and allows interest thereon, shall furnish annual returns to the Commissioner of all the amounts in excess of fifty pounds paid or payable as interest on such money for the year or any part thereof, with the names, addresses, and occupations of the depositors; and for the purposes of this Act every such banking or other company, firm, or person shall be deemed to be the agent of all depositors mentioned in the returns who are outside New Zealand.

Access to buildings, books, &c.

(c.)

The Commissioner, or any officer authorised by him in that behalf, shall at all times have full and free access to all lands, buildings, places, books, documents, and other papers for the purpose of valuing or inspecting the same; and for such purposes may make extracts from or copies of any such books, documents, or papers.

Evidence of any person may be required.

(d.)

The Commissioner may, by notice in writing, require any person (whether a taxpayer or not) to attend and give evidence before him, or any officer authorised by him in that behalf, concerning any land, income, or assessment, and to produce all books, documents, and other papers whatsoever in such person’s custody or under his control relating thereto.

Oath may be administered.

(e.)

The Commissioner may require such evidence to be given under oath, and either verbally or in writing, and for such purpose he, or the officer authorised as aforesaid, may administer an oath.

105 Regulations as to scale of expenses of persons giving evidence.
1900, No. 49, sec. 84

Regulations may be made prescribing the scale of expenses to be allowed to persons attending to give evidence as aforesaid (not exceeding the scale of witnesses’ expenses prescribed under “The Magistrates’ Courts Act, 1908”), and whatever else may be required in order to give effect to the last preceding section.

Penalties

106 Fine for neglect generally, refusing to give evidence, making false return, or evading tax.
Ibid, sec. 85

(1.)

Every person, whether liable to taxation or not, who—

(a.)

Refuses or neglects to duly attend and give evidence when required by the Commissioner or any officer duly authorised by him, or to truly and fully answer any question put to him, or to produce any book or paper required of him; or

(b.)

Fails or neglects to duly furnish any return as and when required by this Act or by the Commissioner; or

(c.)

Knowingly and wilfully makes or delivers any false return, or makes any false answer, whether verbally or in writing, in relation to any matter or thing affecting his own or any other person’s liability to or exemption from assessment or taxation; or

(d.)

By any act, default, neglect, fraud, or contrivance whatsoever evades or attempts to evade full assessment or taxation, or the payment of any tax,—

commits an offence, and is liable to a fine not exceeding one hundred pounds and not less than two pounds; and, if he is convicted of any offence under paragraph (d), the convicting Court shall also inflict on him an additional fine of treble the amount of the tax the assessment or payment whereof he has evaded or attempted to evade.

(2.)

The payment of such fines shall not relieve any person from liability to assessment and payment of any tax for which he would otherwise be liable.

(3.)

If any person aids or assists in the commission of any offence under this section he is liable to a fine not exceeding fifty pounds and not less than five pounds.

(4.)

The term “person” throughout this section includes the public officer of a company, and also an agent and a trustee.

107 Procedure to recover penalty for evading tax.
1900, No. 49, sec. 86

Whenever any person is convicted of an offence under paragraph (d) of the last preceding section, the following special provisions shall apply:—

(a.)

There shall be two separate convictions, the first adjudging the defendant to pay such fine and costs as are imposed, and the second adjudging him to pay the additional fine of treble the amount of the tax the assessment or payment whereof he has evaded or attempted to evade.

(b.)

Such first conviction shall be drawn up and be enforceable forthwith, but such second conviction shall not be formally drawn up until the amount of such additional fine has been ascertained or fixed in manner hereinafter provided.

(c.)

As soon as conveniently may be after the date of the first conviction, the Commissioner shall proceed to ascertain the amount of such additional fine, and shall serve on the defendant notice of the amount so ascertained.

(d.)

Within fourteen days after the service of such notice the defendant, if he disputes the accuracy of such amount, may appeal, by way of objection under section twenty-two hereof, as from an assessment of income (whether the objection relates to land-tax or income-tax), and the amount as ascertained by the Commissioner, or, in case of appeal, as fixed by the Magistrate, shall be the amount of such additional fine.

(e.)

The Commissioner shall, by notice under his hand, inform the Clerk of the convicting Court of the amount so ascertained or fixed, and thereupon such second conviction shall be formally drawn up for such amount, and shall be enforceable forthwith.

(f.)

The payment of such additional fine shall not in any way release any person from any assessment or taxation for which he would otherwise be liable.

108 Fine for obstructing officer, or breach of Act.
1900, No. 49, sec. 87

Every person is liable to a fine not exceeding fifty pounds who—

(a.)

Obstructs or hinders any officer acting in the discharge of his duty under this Act; or

(b.)

Commits any breach of this Act or of any regulation thereunder for which no specific penalty is imposed elsewhere than by this section.

109 Fines recoverable in summary way.
Ibid, sec. 88

(1.)

All fines under this Act shall be recoverable in a summary way, and only upon the information or complaint of a person appointed by the Governor either generally or for the purpose of any particular case; and all such fines, when recovered, shall be paid into the Consolidated Fund.

Not prejudiced by irregularity.

(2.)

No proceeding in respect of any fine under this Act shall be prejudiced or affected by reason of any irregularity or informality in any assessment, or in any notice or other proceeding in relation thereto.

Power to remit or compound for fines and reward informant.

(3.)

The Governor may, at his discretion, mitigate or stay or compound proceedings for any fine, and may reward any person who informs of any offence against this Act or assists in the recovery of any fine.

Offences may be prosecuted within three years.

(4.)

Notwithstanding anything in “The Justices of the Peace Act, 1908,” or in any other Act to the contrary, any information or complaint in respect of any fine under this Act may be laid at any time within three years next after the date of the offence.

Part IX Miscellaneous

110 Procedure to enforce registration of mortgages.
1907, No. 18, sec. 25

Where by reason of the non-registration of a mortgage before noon on the thirty-first day of March in any year the capital value of the mortgage is not deducted in the assessment of the mortgagor, the following provisions shall apply:—

(a.)

The mortgagor may within the fourteen days following such thirty-first day of March, by notice in writing, require the mortgagee to register the mortgage within fourteen days after receipt of such notice.

(b.)

If the mortgagee fails to register the mortgage within such fourteen days, all tax paid by the mortgagor in consequence of such failure shall be deemed to have been paid by him on behalf of the mortgagee.

(c.)

If the mortgagee registers the mortgage within such fourteen days, and the Commissioner is apprised of the fact by notice in writing by or on behalf of the mortgagor or the mortgagee on or before the thirty-first day of May following, he shall, upon being satisfied that such mortgage (although not registered at noon on such thirty-first day of March) existed at that date, treat such mortgage as having been then duly registered, and adjust all assessments affected thereby accordingly.

111 Returns of land and income in certain cases.
Ibid, sec. 26

(1.)

Returns of land owned at noon on the thirty-first day of March, one thousand nine hundred and seven and one thousand nine hundred and eight respectively, and of income derived during each of those years, shall be made by every taxpayer as and when required by the Commissioner, and all returns of such land or income may be revised in accordance with this Act, and shall be subject to the provisions of this Act.

(2.)

In addition to any returns required to be made under the provisions of this Act, every taxpayer shall, as and when required by the Commissioner, make all such returns as are deemed by the Commissioner to be necessary for. the purposes of this Act.

112 Person paying tax may recover from person liable.
1900, No. 49, sec. 92

Every person who, under the provisions of this Act, pays any tax for or on behalf of any other person shall be entitled to recover the same from such other person as a debt, together with all costs of proceedings attending the recovery thereof, or to retain or deduct the same out of any money in his hands belonging or payable to such other person; and if he has paid the same as mortgagee, then, until repaid, it shall be deemed to be covered by the mortgage, in addition to the principal or other moneys thereby secured, and shall bear interest at the same rate accordingly.

113 Contribution from taxpayers jointly liable.
Ibid, sec. 93

In any case where two or more taxpayers are jointly and severally liable for the payment of any tax and one of them pays the same, he shall be entitled to contribution from the others in proportion to their relative shares or interests in the land or income in respect whereof the tax is payable.

114 Married woman liable to tax.
Ibid, sec. 94

The land owned and income derived or received by a married woman for her sole and separate use shall be liable to assessment and taxation in like manner as if she were unmarried.

115 If too little tax paid, deficiency to be made up.
Ibid, sec. 95

If within three years after any tax has been paid it is discovered that too little in amount has been paid, the taxpayer liable for the tax shall forthwith pay the deficiency:

Provided that the limit of three years shall not apply to assessments made under section ninety-eight hereof, nor shall anything in this section operate to limit or affect the liability of the taxpayer or any other person under that section.

116 If too much tax paid, excess to be refunded.
Ibid, sec. 96

If within three years after any tax has been paid it is discovered that too much in amount has been paid, whether by reason of duplicate taxation or otherwise, the Commissioner, upon being satisfied thereof, shall order the excess to be returned to the taxpayer entitled thereto.

117 In case of bankruptcy or serious hardship, taxpayer may be released from liability.
Ibid, sec. 97

In any case where it is shown to the satisfaction of the Commissioner that any taxpayer liable to the payment of tax has become bankrupt, or has suffered such loss that the exaction of the full amount of tax would entail serious hardship, the Commissioner may release such taxpayer wholly or in part from his liability, and make such entries and alterations in the assessment roll as are necessary for that purpose.

118 Application of Act in respect to stamp and deceased persons’ estates duties.
Ibid, sec. 98

(1.)

The provisions of any Act in force relating to stamp duties, or the duties upon the estates of deceased persons, which provide that the amount of duty payable in respect of any land shall be ascertained in accordance with the. value thereof as assessed under “The Property Assessment Act, 1885,” or under any Act repealed by that Act, shall be deemed to include this Act, as from the date of the coming into operation thereof.

(2.)

Whenever it becomes necessary to determine the amount of duty payable after such date in respect of any such land, the same shall be calculated on the capital value of the owner’s interest therein as appearing in any assessment roll for the time being in force under this Act:

Provided that where a valuation of such land is required as at a date subsequent to the last assessment thereof under this Act, it shall be the duty of the Commissioner, on receipt of an application from the Commissioner of Stamps, to satisfy himself as to the then value of such land, and, if necessary, to make a new assessment thereof, and amend the assessment roll in accordance therewith.

(3.)

And, generally, where in any unrepealed Act any reference is made to “The Property Assessment Act, 1885,” or to any Act repealed by that Act, such reference shall, in so far as relates to land, be construed as referring to this Act.

119 Regulations.
1900, No. 49, sec. 100

(1.)

The Governor may from time to time, by Order in Council gazetted, make regulations—

(a.)

Prescribing the duties and functions of all officers and other persons appointed or employed under this Act:

(b.)

Prescribing the form of returns to be made, the particulars to be set forth therein, and the persons by whom and the time when or within which such returns shall be made; prescribing also the forms of the assessment rolls, notices, and other documents referred to in this Act, or necessary in order to give effect thereto:

(c.)

Making provision for the assessment and taxation of taxpayers absent from or not permanently resident in New Zealand, whether they are or are not represented in New Zealand by agents; and also for the assessment and taxation of agents (including non-resident agents) and nonresident traders:

(d.)

Providing, where there is no provision in this Act, or no sufficient provision, in respect of any matter or thing necessary to give effect to this Act, in what manner and form the deficiency shall be supplied:

(e.)

For any purpose, whether general or to meet particular cases, that may be desirable in order to carry out the objects and purposes of this Act, or to give effect to anything for which regulations are contemplated or required by this Act:

(f.)

Imposing a fine, not exceeding fifty pounds, for the breach of any such regulations.

Ibid, sec. 101

(2.)

All such regulations shall, within fourteen days after the gazetting thereof, be laid before Parliament if then sitting, and if not, then within fourteen days after the commencement of the next ensuing session.

120 Power to extend time for doing anything under Act.
Ibid, sec. 102

(1.)

If anything required by or under this Act to be done at or within a fixed time cannot be or is not so done, the Governor, by Order in Council, may from time to time appoint a further or other time for doing the same, whether the time within which the same ought to have been done has or has not expired.

(2.)

Anything done within the time prescribed by such Order in Council shall be as valid as if it had been done within the time fixed by or under this Act.

121 Saving of the Valuation of Land Act.
Ibid, sec. 104

(1.)

Nothing in this Act shall be construed to affect the operation of “The Valuation of Land Act, 1908,” or any Order in Council made under section twenty-eight of that Act or under the corresponding provisions of “The Government Valuation of Land Act, 1896.”

(2.)

So long as, pursuant to any such Order in Council, the valuations for the time being appearing on the general valuation roll under “The Valuation of Land Act, 1908,” are used for the purposes of the assessment of duties of land-tax and otherwise under this Act, the provisions of this Act for the making of valuations of land and objections thereto shall be inoperative.

SCHEDULES

FIRST SCHEDULE Enactments consolidated

1900, No. 49.—“The Land and Income Assessment Act, 1900.”

1903, No. 37.—“The Land and Income Assessment Act Amendment Act, 1903.”

1904, No. 27.—“The Public Officers’ Appointment and Powers Act, 1904”: Sections 7 and 8, so far as applicable.

1907, No. 18.—“The Land and Income Assessment Act, 1907.”

SECOND SCHEDULE Graduated Land-tax under Section 51

Section 51. 1907, No. 18, Schedule.

Where the Total Unimproved Value of all the Land of any Taxpayer is not less than And is less than The Rate of Graduated Land-tax on such Total Unimproved Value is
£ £
5,000 7,000 One-sixteenth of a penny in the pound sterling.
7,000 9,000 Two-sixteenths of a penny in the pound sterling.
9,000 11,000 Three-sixteenths of a penny in the pound sterling.
11,000 13,000 Four-sixteenths of a penny in the pound sterling.
13,000 15,000 Five-sixteenths of a penny in the pound sterling.
15,000 17,500 Six-sixteenths of a penny in the pound sterling.
17,500 20,000 Seven-sixteenths of a penny in the pound sterling.
20,000 22,500 Eight-sixteenths of a penny in the pound sterling.
22,500 25,000 Nine-sixteenths of a penny in the pound sterling.
25,000 27,500 Ten-sixteenths of a penny in the pound sterling.
27,500 30,000 Eleven-sixteenths of a penny in the pound sterling.
30,000 35,000 Twelve-sixteenths of a penny in the pound sterling.
35,000 40,000 Thirteen-sixteenths of a penny in the pound sterling.
Act Repealed Latest version as at 04 August 1908 (as enacted)

Land and Income Assessment Act 1908

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