Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 

IRD Seeks Imprisonment

14 October 2005

IRD Seeks Imprisonment

New Zealand’s Inland Revenue Department is attempting to seek immediate imprisonment for taxpayers who fail to act on court orders to supply IRD with documents or returns. The first attempt at doing so today in the Wellington District Court was frustrated when Judge Susan Thomas ordered that the matter be deferred pending further submissions.

Judge Thomas found the IRD request to be “quite extraordinary” and noted that the effect would be to have defendants taken straight from the court room to Rimutuka Prison for breach of a civil matter. When Judge Thomas questioned IRD counsel on the fairness of such a request the counsel replied that the defendants would be free to seek bail.

Judge Thomas noted that she was “very concerned about Bill of Rights issues” and was “very uncomfortable” with the whole notion.

IRD’s Cath Cowper said that using the civil jurisdiction in tandem with the penalties available to them under the criminal jurisdiction appeared to Inland Revenue to be an effective and legitimate means of getting taxpayers to comply with Inland Revenue requirements.

In all a total of five taxpayers were sought to be imprisoned by IRD on the spot but only one taxpayer, Scott Anderson, seemed to take the matter seriously enough to turn up. Mr Anderson has been waging a personal battle with IRD for years and argues that he has supplied the IRD with everything they have asked for, sometimes many times over.

Mr Anderson’s submissions to court include an internal IRD email which discusses what to do about Mr Anderson’s many disputes with IRD. It says that “when he is broke he won’t be a problem”. Mr Anderson says that “as well as trying for years to make me broke, they want to send me to prison for not supplying documents I have already given them”.

IRD’s submissions to court state that imprisonment for not supplying returns or documents is not “unduly draconian”. Anderson says in response that if IRD does not view incarceration for failing to supply information as draconian, “would the Commissioner look to hanging or guillotine” as being the measure of draconian action?

Scott Anderson - Lawfuel

ENDS


© Scoop Media

 
 
 
Business Headlines | Sci-Tech Headlines

 

Infrastructure Commission: Te Waihanga Releases Report On Water Infrastructure

The New Zealand Infrastructure Commission, Te Waihanga’s latest discussion document highlights the importance of current reforms in the water sector. Its State of Play discussion document about water infrastructure is one of a series looking at the ... More>>

Sci-Tech: Perseverance Rover Lands On Mars – Expert Reaction

NASA has landed a car-sized rover on the red planet to search for signs of past life. The vehicle has more instruments than the four rovers preceding it, and it’s also carrying gear that could help pave the way for human exploration of Mars. The ... More>>

ALSO:


ASB: Quarterly Economic Forecast Predicts OCR Hike As Early As August 2022

Predictions of interest rate rises have been brought forward 12 months in ASB’s latest Quarterly Economic Forecast. Chief Economist Nick Tuffley now expects the RBNZ to begin raising the OCR from its current level of 0.25% as early as August ... More>>

Real Estate: House Price Growth Rates In Hawke’s Bay Skyrocket Ahead Of Rest Of New Zealand

Hawke’s Bay is leading the property ‘pack’ proving a post lockdown land of milk and money, continuing to outstrip the rest of the country with the highest annual growth rate in house price values. But experts warn an overheated market is fast ... More>>

ACT: Matariki Almost A Half Billion Dollar Tax On Business

“Official advice to the Government says an extra public holiday at Matariki could cost almost $450 million,” ACT Leader David Seymour can reveal. “This is a perfect example of the Prime Minister doing what’s popular versus what’s responsible. ... More>>

Genesis: Assessing 6,000 GWh Of Renewable Generation Options For Development By 2025

Genesis is assessing 6,000 GWh of renewable generation options for development after starting a closed RFP process with 11 partners. Those invited to participate offer a range of technologies as Genesis continues to execute its Future-gen strategy to ... More>>

OECD: Unemployment Rate Stable At 6.9% In December 2020, 1.7 Percentage Points Higher Than In February 2020

The OECD area unemployment rate was stable at 6.9% in December 2020, remaining 1.7 percentage points above the level observed in February 2020, before the COVID-19 pandemic hit the labour market. [1] In December, the unemployment rate was also stable ... More>>

Stats NZ: Unemployment Drops To 4.9 Percent As Employment Picks Up

The seasonally adjusted unemployment rate dropped to 4.9 percent in the December 2020 quarter, from 5.3 percent in the September 2020 quarter, Stats NZ said today. Last quarter’s unemployment rate of 5.3 percent followed the largest increase observed ... More>>