16 JUNE 2005

NEW ZEALAND GAZETTE, No. 91

Notice of Public Ruling

1. This is a notice of a public ruling made under section 91D of the Tax Administration Act 1994.

2. Public ruling BR Pub 05/10 entitled “Disposition of real property for inadequate consideration where the transferor purports to ‘simultaneously’ grant a licence and transfer the balance to another person—Gift duty and income tax implications” was issued on 8 June 2005. The ruling’s subject matter was originally contained in BR Pub 02/10, which applied from 1 April 1999 to 31 March 2005. BR Pub 05/10 applies on 1 April 2005 for an indefinite period. It will appear in Inland Revenue’s Tax Information Bulletin, Vol. 17, No. 5, of June 2005.

3. A copy of the ruling may be obtained by writing to the Manager, Field Liaison & Communication (Adjudication & Rulings), National Office, Inland Revenue, P.O. Box 2198, Wellington.

RANGI KRISHNAN,
Manager,
Field Liaison & Communication (Adjudication & Rulings).

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Notice of Public Ruling

1. This is a notice of a public ruling made under section 91D of the Tax Administration Act 1994.

2. Public ruling BR Pub 05/11 entitled “Tertiary student association fees” was issued on 8 June 2005. The ruling’s subject matter was originally contained in BR Pub 03/02, which applied from 1 April 2002 to 31 March 2005. BR Pub 05/11 applies on 1 April 2005 for an indefinite period. It will appear in Inland Revenue’s Tax Information Bulletin, Vol. 17, No. 5, of June 2005.

3. A copy of the ruling may be obtained by writing to the Manager, Field Liaison & Communication (Adjudication & Rulings), National Office, Inland Revenue, P.O. Box 2198, Wellington.

RANGI KRISHNAN,
Manager,
Field Liaison & Communication (Adjudication & Rulings).

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Internal Affairs

Crown Entities Act 2004

Appointments to the Charities Commission

Pursuant to section 28 of the Crown Entities Act 2004, the Minister for the Voluntary and Community Sector appoints to the Charities Commission, as established under the Charities Act 2005, for terms commencing on 13 June 2005:

Sidney Boyd Ashton
as chair for a three-year term;

Judith Rae Timpany
as deputy chair for a two-year term;

Kerry Richard Ayers
Amohaere Houkamau
Patricia Webster
as members for three-year terms; and

Ian James Calder
Frank Wilfred George Claridge
as members for two-year terms.

Dated at Wellington this 14th day of June 2005.

RICK BARKER, Minister for the Voluntary and Community Office.

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Justice

Crimes Act 1961

Reference to the Court of Appeal of the Question of the Convictions of Graham Ashley Robert Palmer for Sexual Violation

SILVIA CARTWRIGHT, Governor-General

ORDER IN COUNCIL

At Wellington this 13th day of June 2005

Present:

HER EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

Reference

(1) Her Excellency the Governor-General refers to the Court of Appeal the question of the convictions of Graham Ashley Robert Palmer for sexual violation entered in the High Court at Auckland on 7 October 1999.

(2) Her Excellency the Governor-General makes this reference:

(a) under section 406 (a) of the Crimes Act 1961;

(b) on the advice and with the consent of the Executive Council; and

(c) in the light of the background, and for the reason, stated in the Schedule.

Schedule

1. Interpretation—In this Schedule:

“the applicant” means Graham Ashley Robert Palmer.

“the complainant” means complainant C.

Background

2. Trial—(1) The applicant was charged with two counts of sexual violation of the complainant on 22 January 1999.

(2) The trial took place at the High Court in Auckland between 27 September 1999 and 7 October 1999.

(3) The complainant gave evidence that:

(a) she left her home with the applicant about 8.30 p.m. to 8.45 p.m. on 22 January 1999;

(b) the applicant drove her to a house in Manurewa;

(c) the acts of sexual violation occurred at the house; and

(d) the applicant drove her home at about 11.00 p.m.

(4) The applicant’s defence was that he had no contact with the complainant on 22 January 1999.

(5) The applicant was convicted of the charges on 7 October 1999.

3. Appeal—(1) The applicant appealed to the Court of Appeal.

(2) The appeal was:

(a) heard on 19 February 2001; and

(b) dismissed on 8 March 2001.

4. Application for exercise of prerogative of mercy—(1) The applicant applied to the Governor-General, in an application dated 27 April 2004, for the exercise of the mercy of the Crown in respect of the two sexual violation convictions, among others.