Land and Income Assessment Regulations




178
THE NEW ZEALAND GAZETTE.
[No. 8

(c.) And thereafter, but within six years from the date
of his lease, to a value equal to another ten per
centum of the price of the land ;
And in addition thereto shall, within six years from the
date of his lease, put substantial improvements of a per-
manent character to the value of £1 per acre.

  1. Residence and occupation of the land shall be in ac-
    cordance with Part III. of “ The Land Act, 1892.”

  2. No person who is the owner in fee or leasehold of any
    land in New Zealand which, together with the land included
    in his application or transfer under these regulations, would
    exceed 320 acres, and no person who has made an arrange-
    ment or agreement to permit any one, save his son or
    daughter, to acquire by purchase or otherwise the allotment
    in respect of which his application is made, shall be entitled
    to become a settler under these regulations.

  3. Any settler who shall fail to comply with these regula-
    tions in any respect shall, upon sufficient proof thereof to
    the satisfaction of the Land Board of the district, forfeit
    his interest in the land selected, and the land shall there-
    after be dealt with as ordinary Crown land ; and these con-
    ditions shall be sufficient authority for such forfeiture.

  4. The association may make such rules and regulations
    from time to time as it may deem necessary, subject to the
    approval of the Commissioner.

  5. In case any doubt shall arise as to the sufficiency of
    the compliance with these regulations, with reference to the
    selection, occupation, or improvement of any land, or other-
    wise arising thereunder respectively, the same shall be settled
    by the Land Board.

  6. Excepting as expressly modified by these regulations,
    the provisions of “ The Land Act, 1892,” and its amend-
    ments shall be deemed to have full force and effect over and
    upon the land herein referred to, and shall, mutatis mutandis,
    be read as if these regulations formed part of the Act.

Schedule.

All that parcel of land, containing by admeasurement
4,722 acres, and comprising Sections 8, 9, 10, 11, 13, 14, 15,
16, 18, 21, 22, 23, and 24, Block XIII., Mangahao, and Sec-
tions 1, 2, 3, 4, 7, 8, and 9, Block I., Tararua Survey District,
in the Land District of Wellington.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations under the Land and Income Assessment Acts.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-
third day of January, 1895.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of all powers and authorities
vested in him by or under “ The Land and Income
Assessment Act, 1891,” and the amendments thereof, and
also by or under “ The Income-tax Act, 1894,” His Excel-
lency the Governor of the Colony of New Zealand, by and
with the advice and consent of the Executive Council of
the said colony, doth hereby make the following regulations
under and for the purposes of those Acts, that is to say,--

REGULATIONS.
Interpretation.

  1. Throughout these regulations,--
    “ Agent ” means an agent within the meaning of sec-
    tion nineteen of “ The Land and Income Assessment
    Amendment Act, 1892 ” :
    “ Collector ” means any Collector or other principal
    officer of Customs :
    “ Goods ” includes wares, merchandise, and other per-
    sonal property of every description :
    “ Firm ” means and includes persons, not exceeding ten
    in number, who are together carrying on or engaged
    in any business, trade, manufacture, adventure, or
    concern for the purposes of gain or profit, but does
    not include a corporate body :
    “ Importer ” includes any owner or other person for the
    time being possessed of or beneficially interested in
    any goods imported into the colony, and also any
    person acting or purporting to act as agent for or
    otherwise on behalf of any such owner or other per-
    son :
    “ Income-tax ” means income-tax for the time being
    prescribed by law :
    “ Person ” includes firm and company :
    “ Principal ” means a principal within the meaning of
    said section nineteen :
    “ Ship ” means every description of vessel used in navi-
    gation not propelled by oars.

Foreign Traders.

  1. Every agent shall make returns in such forms, at such
    times, and for such periods as the Commissioner may re-
    quire ; and, as respects goods the orders for which are pro-
    cured by the agent on behalf of the principal, every such
    return shall show,--
    (1.) The total invoice price of the goods comprised in
    every order procured and of every order executed
    as aforesaid, with the name and address of the
    person giving the order ;
    (2.) The name and address of the principal on whose
    behalf each such order is procured ; and
    (3.) Such further particulars as the Commissioner may
    from time to time require.

  2. As respects goods received on consignment from abroad
    for sale or disposal within the colony, the return to be made
    by the agent shall show the total sums received or receivable
    for the goods so sold or disposed of, with the name and
    address of the principal or principals respectively.

  3. (1.) Where any agent or principal fails to pay any in-
    come-tax assessed to the agent pursuant to said section
    nineteen or these regulations, the amount due in respect of
    tax shall, to the extent of the defaulting principal’s interest
    in any goods at any time arriving in the colony consequent
    on any sale or disposal made or any order procured by any
    agent on account of the defaulting principal, be a charge
    on such goods, and the Collector shall have power to detain
    such goods until the amount has been paid.
    (2.) For the purposes of this clause the Collector shall
    have power to require the importer of any goods to produce
    to him all books, papers, or correspondence, and to answer
    any questions, and on oath if the Collector thinks fit, relating
    to any such goods.

  4. (1.) Where any agent fails to make returns, or where
    the principal sells or disposes of in the colony any goods and
    the whereabouts of the agent is not known, any Collector
    shall estimate the value of such goods, and shall assess the
    profit thereon to the principal at such sums, being not more
    than twenty-five pounds in every one hundred pounds of
    such value, as the Collector may think just.
    (2.) Income-tax shall thereupon be payable on the amount
    of such assessed profit, and the Collector may require pay-
    ment thereof, and shall have power to detain such goods
    until payment is made.
    (3.) It shall be lawful for such Collector, on entry being
    passed for such goods, to require the importer or consignee
    to produce a copy of the order for such goods, and to make
    a statutory declaration as to whether or not any such goods
    were ordered through an agent in the colony, and as to such
    other particulars as may be required.

  5. (1.) It shall be lawful for any importer or consignee
    to pay to the Collector the amount owing by any principal
    in respect of income-tax ; and every such importer or con-
    signee shall be entitled to a certificate from the Collector as
    to the amount so paid.
    (2.) Every such certificate shall be in satisfaction, pro
    tanto, of any claim on the part of the principal against the
    importer or consignee.

Shipping.

  1. (1.) When any person outside the colony, or whose chief
    office is outside the colony (hereinafter called “ the princi-
    pal ”), carries on business in the colony as owner or charterer
    of any ship, such principal’s agent in the colony shall be
    assessed and be liable to income-tax on five pounds in every
    one hundred pounds of the total amount payable to such
    principal or to his agent (whether such amount be payable
    in the colony or beyond the colony) in respect of pas-
    sengers, live-stock, and goods shipped in the colony and
    carried by any such ship.
    (2.) Every agent shall furnish returns in such form, at such
    times, and for such periods as the Commissioner may require
    in order to enable such assessment to be made.

  2. (1.) In all cases where the principal has no recognised
    agent in the colony other than the master of the ship, or
    when the agent fails to make returns, the Commissioner or
    Collector may make such assessment from such information
    as may be available to him, and the income-tax thereon
    shall be payable to the Collector prior to the clearance of
    such ship ; and the Collector shall have power to detain the
    clearance until such payment is made.
    (2.) The master or agent upon paying the same shall be
    entitled to a certificate from the Collector that the amount
    so paid has been paid under the provisions of these regu-
    lations, and such certificate shall be a sufficient warrant to
    the master or agent for the amount so paid.

General.

  1. Every assessment made by any Collector shall be subject
    to the approval of the Commissioner.

  2. All income-tax payable under clauses five and eight
    of these regulations shall be due and payable immediately
    upon the assessment being made.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1895, No 8





✨ LLM interpretation of page content

🗺️ Regulations for the Waiwera Special Settlement Association (continued from previous page)

🗺️ Lands, Settlement & Survey
23 January 1895
Special Settlement, Waiwera, Land Act, Leases, Settlers
  • ALEX. WILLIS, Clerk of the Executive Council

💰 Regulations under the Land and Income Assessment Acts

💰 Finance & Revenue
23 January 1895
Income Tax, Land Assessment, Regulations, Agents, Collectors, Goods, Ships
  • GLASGOW, Governor
  • HIS EXCELLENCY THE GOVERNOR IN COUNCIL