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7 December 2023
M Robinson
[email address]
Dear M Robinson
Thank you for your request made under the Official Information Act 1982 (OIA), received
on 26 November 2023. You requested the following:
The income Tax Act 2007 defines New Zealand as follows:
“New Zealand includes-
(a) The Continental shelf:
(b) The water and the air space above any part of the continental shelf that is beyond
New Zealand’s territorial sea, as defined in section 3 of the Territorial Sea,
Contiguous Zone, and Exclusive Economic Zone Act 1977, if and to the extent to
which –
(i)
Any exploration or exploitation to the part, or any natural resource of the
part, is or may be undertaken; and
(ii)
The exploration or exploitation, or any related matter, involves, or would
involve any activity on, in, or in relation to the water or air space.
Does this definition define all parts of New Zealand? If not, can you please provide a
complete list of the parts of New Zealand, including every item or element, without
omissions or deficiencies?
The definition you have referred to in section YA 1 of the Income Tax Act 2007 (ITA) sets
out the area within which the relevant sections of the ITA applies - for the purpose of
administering the income tax system. Neither the ITA nor the definition itself purports to
define all parts of New Zealand. It is an inclusive definition. It therefore does not
exhaustively list what is included in the definition of "New Zealand".
Section 13 of the Legislation Act 2019 (LA) also provides definitions of relevant words
regarding “New Zealand” as set out below:
New Zealand or similar words referring to New Zealand, when used as a territorial
description, —
(a) means the islands and territories within the Realm of New Zealand; but
(b) does not include the self-governing State of the Cook Islands, the self-
governing State of Niue, Tokelau, or the Ross Dependency.
territorial limits of New Zealand,
limits of New Zealand, or a similar expression,
when used as a territorial description, means the outer limits of the territorial sea
of New Zealand.
South Island or
Te Waipounamu, both official alternative names, means the
island commonly known as the South Island, and includes the islands adjacent to
it.
North Island or
Te Ika-a-Māui, both official alternative names, means the island
commonly known as the North Island, and includes the islands adjacent to it.
Inland Revenue does not hold a list that defines all parts of New Zealand. As such your
request is refused under section 18(g) of the OIA, the information requested is not held
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www.ird.govt.nz
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by Inland Revenue and I do not have grounds for believing that the information is held by
or more closely connected to the functions of another department.
Right of Review
If you disagree with my decision on your OIA request, you can ask an Inland Revenue
review officer to review my decision. To ask for an internal review, please email the
Commissioner of Inland Revenue via:
[email address]. Alternatively, under section 28(3) of the OIA, you have the right to ask the Ombudsman
to investigate and review my decision. You can contact the office of the Ombudsman via
email a
t: [email address]. If you choose to have an internal review, you can still ask the Ombudsman for a review.
Thank you for your request.
Yours sincerely
Daniel Hicks
Domain Lead, Legal Services
Page 2 of 2
Ref: 24OIA1482