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New Zealand Tax Law and Policy: Critical Junctures and Development

Edited by: Craig Elliffe, Johann Hattingh, Victoria Plekhanova

ISBN13: 9781509993772
To be Published: February 2027
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00





The untold stories behind New Zealand's tax system through the analysis of the critical junctures in the development of New Zealand tax law and policy.

From the 1912 Waihi mining strike to modern asset-stripping rules, from century-old gambling taxes to decades-long debates over the taxation of capital gains, this book reveals the fascinating threads that weave through New Zealand's tax history. Bringing together the insights of judges, policymakers, administrators, and practitioners who have shaped the system, along with inputs from tax academics, this book offers both intimate personal accounts and authoritative outside perspectives on how taxation evolved in Aotearoa and what other countries can learn from it.

Why has New Zealand debated a comprehensive capital gains tax for nearly sixty years without implementing one? How did public-private cooperation forge unique policy solutions? How has New Zealand both inspired international tax developments and boldly charted its own course, often diverging from the OECD's tax guidance? These questions and many more are answered through rigorous analysis and compelling storytelling.

Whether you are a tax professional, a policy analyst, a tax scholar, a student, or simply curious about the history of taxation, this collection offers invaluable insights into one of the world's most competitive, and yet cohesively consultative, tax systems.

Subjects:
Other Jurisdictions , New Zealand
Contents:
Foreword
Dame Susan Glazebrook (Judge of the Supreme Court of New Zealand)
Preface/Introduction
Craig Elliffe (University of Auckland, New Zealand), Johann Hattingh (University of Cape Town, South Africa), Victoria Plekhanova (University of Auckland, New Zealand)

Part 1: History of Tax Policy Making and Institutions
1. The Ebbs and Flows of New Zealand's Tax Policy-Making and Institutions
Adrian Sawyer (University of Canterbury, New Zealand)
2. Reflections on the Evolution of New Zealand's Tax Policy Making
Robin Oliver (OliverShaw, New Zealand)
3. Thirty Years of Taxpayer Rulings in New Zealand: History, Purposes, Approach and Legislation
Howard Davis (Tax Counsel Office of Inland Revenue, New Zealand)
4. A Brief History of The Taxation Review Authority of New Zealand
Alistair Hodson (University of Canterbury, New Zealand)
5. Reaction, Revolution and Realism: An Assessment of The Domestic Tax Policies of the Six Labour Governments (1935-2023)
Jonathan Barrett (Victoria University of Wellington, New Zealand)
6. This Is Co-Operacy in The Tax Policy Process in New Zealand
David McLay (Barrister, New Zealand)
7. The Rise and Demise of Fairness for Families
Jeremy Beckham (Independent tax advisor, previously a Director at KPMG, New Zealand)

Part 2: The Evolution of Various Taxes and Tax Provisions
8. An Historical Lens on The Taxation of Gambling in Aotearoa New Zealand
Lisa Marriott (Victoria University of Wellington, New Zealand)
9. A Case of Legislative Strip Mining
Peter Frawley (Inland Revenue, New Zealand)
10. The 1974 GAAR Reforms: Legislative Delegation and Evolution by Judicial Interpretation
Craig Elliffe (University of Auckland, New Zealand)
11. Evolution of the Approaches Taken by the New Zealand Courts to the General Anti-Avoidance Rule
Sir William Young (Former Judge of Supreme Court of New Zealand)
12. The Politics of Capital Gains Tax for Aotearoa New Zealand: Why We Do Not Have a Comprehensive Capital Gains Tax
Geof Nightingale (Independent tax advisor, previously a partner at PwC New Zealand and a member of the 2018 Tax Working Group)

Part 3: International Tax
13. Technological Innovations and Territorial Tax Jurisdiction: The Impact of the Eastern Extension Australasia and China Telegraph Company Case on the Evolution of New Zealand's Approach to the Taxation of Non-Residents' Business Profits
Victoria Plekhanova (University of Auckland, New Zealand) and Chris Noonan (University of Auckland, New Zealand)
14. New Zealand Tax Treaties and the OECD Model
Carmel Peters (Inland Revenue, New Zealand)
15. Agar Agar to Yeast: How Indirect Taxation of Food Reflects Aspects of New Zealand's Cultural and Social Life between 1933 and 1984
Andrew Smith and Jonathan Barrett (Victoria University of Wellington, New Zealand)

Part 5: Distinguished Persons in New Zealand History
16. Arnold Nordmeyer and His 1958 Attack on Corporate Tax Dodging
Michael Littlewood (University of Auckland, New Zealand)
17. A Polymath of Taxation in New Zealand: Some Aspects of the Career of Sir Ivor Richardson
Shelley Griffiths (University of Otago, New Zealand)
18. Aspects of The History of The Influence of New Zealand on The Tax Systems of Other Countries
Matt Andrew (University of Auckland, New Zealand) and Philip Baker (Field Court Tax Chambers, UK)