Rewrite maintenance items

2010 minor rewrites to legislation including corrections to grammar, spelling, terminology and definitions.

The following provisions, most of which come into force on 1 April 2008, have been amended as follows:

  • Cross-references
  • Grammar
  • Spelling
  • Punctuation
  • Terminology and definitions
  • Drafting consistency, including readers' aids, for example, the defined terms lists
  • Some defined terms.
Section in Taxation (GST and Remedial Matters) Act 2010 Section in principal Act Description
Section 28 Section CD 24(2)(a)(i) (2007 Act) Cross-reference corrected.
Sections 32, 33, 55, 60, 64, 80, 103, 107, 109, 129, 130, 132(10), (18), (29) Sections CR 3(1), CV 17(2), EG 1(10), EY 48(2), FE 1(1), HD 29(2)(c), HZ 2(2), LC 12(1)(b), LJ 1(2)(a), RE 2(5)(f), RF 2(1), YA 1 "derived from New Zealand", "foreign non-dividend income", "non-filing taxpayer" (2007 Act) Consequential amendments on adopting the term "source in New Zealand", to replace the term "derived from Zealand".
Sections 37(1) and 165 Section DB 2(2) (2007 Act and 2004 Act) Cross-reference corrected.
Section 38 DB 46 (2007 Act) Cross-reference corrected.
Section 41 Section DE 10 (2007 Act) Correction of terminology.
Sections 43, 44, 85, 86(2), 89, 92. 93, 94(2), 97, 98, 99, 100, 101, and 110 DV 2, DV 5, HM 3, HM 5, HM 15, HM 23, HM 31, HM 35(2), HM 43, HM 47, HM 48, HM 61, HM 62 and LS 4 (2007 Act) Clarifies the circumstances in which the term "interests" is a reference to the defined term "investor interest".
Section 85 Section HM 3(e) (2007 Act) Clarifies the circumstances under which a foreign investment vehicle is treated as PIE.
Section 86(1) Section HM 5(4)(a) (2007 Act) The amendment clarifies that both paragraphs (a) and (b) must be satisfied before an investor is entitled to the relief under this provision.
Section 87 Section HM 6(2)(b) (2007 Act) Clarifies that a PIE is not liable for income tax in relation to a zero-rated investor.
Section 88 Section HM 9(d) (2007 Act) Clarifies that trustees of a group investment fund can elect to be a multi-rate PIE in relation to category B income.
Section 94(1) Section HM 35(3)(a) (2007 Act) Clarifies that the amount "assessable income" in the formula in M 35(2) includes tax credits received by the PIE for the income.
Section 105 Section IC 3(1) (2007 Act) The term "portfolio tax rate entity" is updated to refer to "multi-rate pie".
Section 106 Section LC 4(1)(c) (2007 Act) Corrects a cross-reference.
Section 113 Section ME 1(2) (2007 Act) The placement of the brackets is corrected.
Sections 117 and 188 Sections OB 41(3) and OC 24(3) (2007 Act) The amendment clarifies the circumstances in which section OB 41 applies to a qualifying company.
Section 119 Sections OZ 7 to OZ 17 (2007 Act) The compare notes to 2004 Act provisions are omitted as the 2004 Act provisions did not commence.
Section 127 Section RD 22 (2007 Act) The amendment clarifies that an employer remitting PAYE on a monthly basis need only provide the Employer Monthly Schedule once per month.
Section 128 Section RD 36(2) (2007 Act) Ensures consistency with the drafting of section CD 39(9) (low interest loans to shareholders.)
Section 132(43), (46) Section YA 1 "source in New Zealand", "transfer of value" (2007 Act) Correction of cross-references.
Section 133 Section YA 2(5) (2007 Act) Definition amended to refer to taxes imposed by state and local governments.
Section 143(3) Section 3(1), Tax Administration Act "tax payable" Ensures definition of "tax payable" is in alphabetical order within section 3.
Section 147 Section 39(5), Tax Administration Act 1994 A drafting error formula is corrected.
Section 151 Section 85F(3) "company" Update of terminology relating to certain film grants.
Section 168 Section ND 1E(2) (2004 Act) Ensures consistency with the drafting of section CD 28(9) (low interest loans to shareholders).
Section 188 Health Entitlement Cards Regulations 1993, regulation 2, "net income" Correction of a cross-reference.