Tax Administration Act 1994

Commissioner and department - Care and management of tax system - Remedial powers

6G: Meaning of obvious error

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"What is an obvious error in a law?"

Illustration for Tax Administration Act 1994

When you look at a law, an obvious error is a mistake that is easy to see. You can tell it is an obvious error if the purpose of the law is clear. The purpose of the law cannot be achieved because of the mistake. You can also tell it is an obvious error if you know what the law would say if the mistake was fixed. This means you know what the lawmakers would have written if they knew about the mistake. The lawmakers would have written something that makes sense and achieves the purpose of the law. The lawmakers made a change to this law on 26 June 2019, through a law called the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019. You can find this law on the New Zealand legislation website. This change helped to clarify what an obvious error is.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS222066.


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Part 2Commissioner and department
Care and management of tax system: Remedial powers

6GMeaning of obvious error

  1. For the purposes of this subpart, obvious error means an error of a type that arises only if—

  2. the intended purpose or object of the relevant provision is clear; and
    1. the intended purpose or object cannot be carried into effect by the relevant provision; and
      1. the substance of the provision that Parliament would have made, had the error become known or had the circumstances been allowed for, is clear.
        Notes
        • Section 6G: inserted, on , by section 85 of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).