✨ Legislative Amendments
15 AUGUST
NEW ZEALAND GAZETTE
2657
A further amendment removes a doubt as to whether or not Boards need the consent of the Minister of Education before borrowing sums denominated in New Zealand dollars. Such consent is not needed.
The Bill also amends section 67 (1) of the principal Act to take account of the fact that grants will no longer be designated as operational activities grants.
Section 79 of the principal Act (which relates to the payment of grants to Boards) is replaced with a redrafted section abolishing the distinction between operational activities grants and teacher salaries grants, and repeals sections 80 and 81 of the principal Act (which restrict, respectively, transfers between grants of those 2 types and the payment of teacher salaries from sources other than grants). Two points should be noted in relation to Boards that do not choose (under the amendments to section 91 of the principal Act intended to be effected by this Bill) to move to bulk funding of teacher salaries. First, such Boards will effectively continue to receive a grant that is the equivalent of an operational activities grant. Secondly, such Boards will continue to be restricted (by a new section 91 (9)) in their ability to pay teacher salaries from sources other than grants.
Section 91 of the Education Act 1989 is also amended to provide for the payment of teacher salaries during the transitional period before the general introduction of bulk funding of teacher salaries, and for the trailing of bulk funding.
The new section effects a number of amendments. It replaces the provisions relating to trialling of the bulk funding of teacher salaries with provisions enabling Boards to agree with the Minister of Education to move to bulk funding. It empowers the Minister to reduce in any year the grant paid to the Board of a school whose teachers continue to be paid directly by the Secretary of Education if in the year before the Board employed more teachers, or more expensive teachers, than the Secretary was required by law to pay. And it continues the restrictions (at present in section 81 of the principal Act) on the payment out of sources other than grants of the salaries of teachers at schools whose teachers continue to be paid directly by the Secretary.
(j) Employment Contracts Act 1991
This Part of the Bill amends a transitional provision relating to redundancy provisions which were in force at the commencement of the Act.
(k) Gaming and Lotteries Act 1977
The Bill amends the definitions of “game of chance”, “gaming machine”, “illegal prize competition”, and “illegal game of chance”. Other changes include allowing the Minister of Internal Affairs to issue or amend licences to conduct games of chance (renewable annually), to seek and consider the advice from such sources (including the Police) as the Minister considers relevant, a provision authorising all licences in force before the Bill to have been issued for a period expiring on 30 September 1991, and provision for the making of regulations in relation to the issue, amendment and renewal of such licences.
(l) Gaming Duties Act 1971
This Part of the Bill imposes a new duty for gaming machines.
(m) Income Tax Act 1976
This Part of the Bill amends the Income Tax Act 1976 to give effect to the announcements in the Budget relating to—
(i) The abolition of the guaranteed retirement income earner surcharge with effect from 1 April 1992, and the change from guaranteed retirement income to national superannuation;
(ii) The removal of the tax exemption for inter-corporate dividends, with general effect from 1 April 1992 and immediate effect from 8 p.m. on 30 July 1991 in relation to certain categories of fixed-rate shares;
(iii) Changes in relation to the continuity and commonality of shareholding provisions that apply to the carrying forward of losses by companies and the offsetting of losses within groups of companies, insofar as those changes affect the 1991–92 income year; and
(iv) The tightening up of certain anti-avoidance provisions relating to dealings in shares and to the imputation provisions of the Income Tax Act 1976.
(n) Land Transfer Act 1952
This amendment, which comes into force on 1 September 1991, has 2 effects. First, it replaces section 235 of the Land Transfer Act 1952 with a redrafted section making it clear that fees can be prescribed in relation to any matter under that Act, and any act done by a Registrar as the Registrar-General under any other enactment; and that in the prescription of the amount of any fee regard can be had to the costs and expenses incurred by the Department of Survey and Land Information in providing survey maintenance and control, and maintaining cadastral records, for the purposes of that Act.
Secondly, it deletes from other provisions of that Act specific references to the prescription and payment of fees.
(o) Maori Education Foundation Act 1961
This Part of the Bill repeals a spent permanent appropriation in section 20 of the Maori Education Foundation Act 1961.
(p) Meat Act 1981
The amendments prevent the Minister of Agriculture approving schemes to assist disease eradication in cattle and deer except on the recommendation of the Animal Health Board. In addition, the fixing of fees and levies cannot be made unless the Minister of Agriculture consults with the Animal Health Board and Federated Farmers.
(q) National Library Act 1965
These amendments in this Part align the provisions of the National Library Act with the provisions of the Public Finance Act 1989.
(r) Public Finance Act 1989
This Part of the Bill modifies the application of Public Finance Act 1989 to:
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VUW Te Waharoa —
NZ Gazette 1991, No 123
NZLII —
NZ Gazette 1991, No 123
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Miscellaneous Provisions in Finance Bill (No. 2)
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💰 Finance & RevenueFinance Bill, Amendments, Education Act, Employment Contracts Act, Gaming and Lotteries Act, Gaming Duties Act, Income Tax Act, Land Transfer Act, Maori Education Foundation Act, Meat Act, National Library Act, Public Finance Act