1608

NEW ZEALAND GAZETTE

No. 73

DUTY REFUND PROVISION FOR MOTOR VEHICLES

Preamble

The decision to put in place a duty refund provision for motor vehicle imports was first announced by the Minister of Commerce on 18 December 1997. It was further confirmed by the Minister in his press release of 14 May 1998 following the announcement in the Budget of 14 May 1998, that tariffs would be removed on motor vehicles of tariff heading 87.03 (excluding motor homes and ambulances) and light commercial vehicles of tariff items 8704.21.11, 8704.31.11 and 8704.90.11 from midnight 14 May 1998.

The purpose of this concession is to give some assistance to motor vehicle importers and dealers who, at the time of the Budget announcement, will be left with unsold stock on which duty has been paid. By assisting these traders the Government is intending to facilitate selling that stock at lower prices thus benefiting the consumer. Duty refund payments can only be made by the New Zealand Customs Service to the importer i.e. the person who paid the duty. However, the Government hopes that importers and dealers will reach agreements which would enable the benefits of any duty refunds to be passed onto the dealers who are holding "unsold" duty-paid stock.

APPROVAL UNDER SECTION 8 OF THE TARIFF ACT 1988

Approval Reference No: 996233G

Pursuant to section 8 of the Tariff Act 1988 and in accordance with Part II of the Tariff Act 1988, I approve in respect of the entry of motor vehicles of tariff heading 87.03 (other than motor-homes and ambulances) and light commercial vehicles of tariff items 8704.21.11, 8704.31.11 and 8704.90.11 imported on or after 14 February 1998 that are either:

(a) Not registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 as at midnight on 14 May 1998; or

(b) Registered under the Transport (Vehicle and Driver Registration and Licensing) Act 1986 as at midnight on 14 May 1998, where the registered owner is the holder of a licence under the Motor Vehicle Dealers Act 1975 and there are no other persons recorded as having been the registered owner of the vehicle;

the exemption specified in Part II of the Tariff Act 1988 for concession reference number 99 on the following conditions:

1. Where a refund of any duty paid under section 112 of the Customs and Excise Act 1996 or a reassessment of duty under section 89 of the Customs and Excise Act 1996 is sought in respect of a vehicle subject to this approval, the importer of the vehicle must apply for the refund or reassessment to the Customs office where the vehicles were initially entered into New Zealand;

2. Applications for refunds or reassessments must be accompanied by evidence that the vehicles qualify for this approval. This requirement will be satisfied by either:

(a) In respect of any vehicle that is not registered as at midnight on 14 May 1998, the importer making a declaration in accordance with the Oaths and Declarations Act 1957 that the vehicle was not registered as at midnight on 14 May 1998; or

(b) In respect of any vehicle that is registered as at midnight on 14 May 1998, the importer providing the following:

(i) A certificate signed under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 which shows the particulars recorded in the register of the registered owner of the vehicle at midnight on 14 May 1998 and that there are no other persons recorded as having been the registered owner of the vehicle; and

(ii) A copy of the licence in force as at midnight on 14 May 1998 issued under the Motor Vehicle Dealers Act 1975 to the person registered as the registered owner of the vehicle in respect of which the application is made.