GENERAL ASSEMBLY.

Otago Daily Times, Issue 14702, 9 December 1909, Page 8

GENERAL ASSEMBLY.

.LEGISLATIVE COUNCIL. WEDNESDAY, DECEMBER 8. ■The Council met at 2.30 p.m. SUPERANNUATION SCHEMES. Tlio Hon. Mr CARNCROSS moved that, in tho. opinion of the Council, every irading institution which lias a superannuation or pension scheme, and which is carrying on business in tho Dominion, should ho compelled to liavo in connection with such a scheme a system of surrender valuo for tho benefit of contributors, He pointed to the unsatisfactory state of affairs in this connection at present, and contended that the timo bad como when tho Legislature should take steps to secure to all contributors some share of their contributions upon retirement. Tho Hon. Mr GEORGE, while approving tho sentiment of tho motion, opposed it on the ground that it would prevent ■ superannuation schemes from being established, Tho arrangements lor such schemcs in banks and other institutions were of a private character, and so far as tho banks were concerncd those conlri- . bntors who retired voluntarily got back Jill they paid inti tho fund. The banks -vould not, tolerate interference in the matter. The Hon. Dr FINDLAY agreed that if the State interfered with these super- ' annuation schemcs they might not he carried on, and it would be unwise for tho Stale to do anything that would give tho .hanks: an excuse to abolish such funds. -There was another reason why tho State should not interfere. It was the duty of •tlio Government to provide a superannna- ; tion 'fnnd for every honest man in the . country, and to sea that every man should . Sinvo an opportunity of providing for hi? old age, and not, like his master's ass, wear out bis life for merely provender. This." was going lo be the law of this countTy sooner or later. Tlio Hon. Mr CARNCROSS having retho motion was carried on the voices, LOCAL BILLS. The New Plymouth R-ccrcation and Racecourse Reserves Exchange Bill, and the Timarti Lonns Consolidation Bill were read a sccond lime. SOCIETY OF ACCOUNTANTS. The New Zealand Society of Accountants Amendment Bil' was put through tho final stages. ■TiEI'ORMATCRY INSTITUTIONS BILL. Thq Reformatory Institutions Bill was committed. Clauso 9, providing that i magistrate may order the detention of an inebriate , in an. Inebriates' Home on the application of a relative, was amended by fixing . tlio minimum period of detention at-six months, and by adding lo the term " relative" tho wo.'ds "grandparents - and , grandchildren.'' A new sub-clause was added, "that any, complaint under the section may be : heard and determined by a magistrate in private." A similar subsection was inserted in clause 11, providing for the detention in a reformatory home of a woman or pirl ior certain offences. A number of verbal amendments were madf, but tho bill was reported as t amended, read a third time, and passed. MAGISTRATE'S COURT ACT AMENDMENT. The Magistrate's Court Act Amend- : .ment Bill was put through its final ! Btages. . ' SHIPPING AND SEAMEN ACT. ■ The ATTORNEY-GENERAL moved the sccond reading of tho Shipping and •Seamen Act Amendment Bill, recently 'passed by the House. He briefly explained the provisions of the measure, which, he ' raid, was to give effect to certain rosolu'lions passed at the Maritimo Conference in London somo time ago. The Hon. Messrs PAUL and JENKIN- ! SON generally approved of the bill, which was read a second time. The Council rose at 5 p.m. BOUSE OF REPRESENTATIVES.

The House met at 2.30 p.m. THE DEFENCE CONFERENCE. ' Tho PRIME MINISTER laid on the table, the papers relating to the recent (Imperial Dcfcnco Conference. OREYMOUTH NATIVE RESERVES. Most of the afternoon was occupied in ■'discussing a motion by the Hon. Mr NGATA relative to a petition by Greymouth residents praying that the Ureyniouth reserve, at present in the possession of Maori owners, should be sold to the lessees. The committee recommended that the Government should purchase the reserve and sell it to tlw present occnpicrs. Tlie Hon. Mr NGATA detailed the history of the reserve, and said lie considered that the committee was going too ■ far in recommending the purchase of the reserve. After discussion by several members, Mr PARATA moved as an amendment, that tho petition should l>e referred to tho Government, .with a recommendation that land bo purchased by the Govern- . ment if the Natives were willing to sell. The debate was interrupted by tho dinner adjournment CLOSE OF THE SESSION. In the evening the SPEAKER announced that, as tlie session would close on the 23rd December, all bills introduced on ono sitting day after to-night could bo carried through all stages at. one sitting. 11l replying to Mr Massey, the PRIME MINIS PER said he hoped that the Houso would get through the work by December 23, and that the Laiul Bill would bo taken. HOSPITALS KILL. Tho debate on the amendment.'! in Hospitals liil' by the Legislative Council was resumed. It was agreed that tho Bouse accept tlio ameudni--*iit« of tho Council, with the exception of clauses 60, 66a, 71, and T2. On the motion of the Hon. Mr FOWLDS, a committed was appointed to draw up reasons for disagreeing with the amendments mado by the Legislat-ivo Council in tho clauses referred to. DEATH DUTIES. The Duties liill was recommitted on iho motion of the I'IUME MINISTER, who moved the following amendments, which were agreed to: In clause 12, providing that no estate duty shall be payable oil any cskile, the iinal balance of which does not orcced £500, to which wero added tho words—" And the estate duty payable oil any estate, the final balance of which exceeds £500, shall not exceed tlie amount by which that final balmce exceeds £500;'' subclause 2, providing that the estate duty payable on any estate shall lot- exceed the amount by which the final balance of that- estate excecils 500, and the estalo duty payable on any estate, the whole of which has been, by the will of tho deceased, left absolutely and beno.'icially to his widow, shall not exceed tlio amount- by which final balance of that estate exceeds £5000 (on a new clause, 12a), which provides: (1) In the ease of any estate, the final balance of which does ''rot- exceed £10,000, the value of any suecession (within tho moaning of Pari II of this act) acquired by the wife of tlie deceased ill respect of his dutiable estate, shall to the extent- of £5000, but no more be deducted from the final balance of that estate duty, and the estate duty shall be payable on the residue only; (2) the rate of estate duty so payable on the residue shall, nevertheless, be determined by the total amount "f the said final balance without anv such deduction as aforesaid."

Mr M ASSEY moved to delete the words "tho final balance of which does not exceed £10,000."

On division the motion was lost by 33 votes to 25. A new clause (29a) provides that, as between the several succtissors death duties shall 'do paid by cadi successor in proportion to the value of his estate.

Clause 66 was amended so as to provide that death or gift duty may be assessed on the value of any land, being part of a dutiable estate by agreement between tho commissioner and the administrator in the ease of deatii duty, or bptwea the commissioner and the donor in

the case of gift duly, ami giving the right of appeal against a valuation to the magistrate's court..

The bill was then reported with amendments.

On a motion, that the bill be read a Ihirct time, Mr ALLEN subjected the bil 1 to some criticism, regretting that widows were not allowed' exemption from estate duty up to £5000, and that the succession duties were too severe. He said that the gift duty could be evaded by making gilts in casn. It was not wise 10 discourage the breaking up of estates in an owner's lifetime to prevent the parents making provision for thoir children on marriage or sotting up in business.

Mr MASSE 1 ' said tho bill was very complicated, and would provide plenty of work for the lawyers. He endorsed Mr Allen's remarks on widows' exemption, and condemned the statements made-by a Cabinet Minister that there was no rejson why, after a certain degree of remoteness. the claim of the State to a deceased person's estate should r.ot prevail over that of relatives.

Mr LAUKENSON said the bill actually reduccd the taxation on small estates, and increased it on large estates. The principle of tho bill vas 'to put taxation on tlio shoulders able to bear it, and it would meet with lite approval of tlio country. Mr HERI'IES said that if the provisions regarding gift duty were strictly enforced it would be intolerable, and would

require inspectors in every home. Sir J. G. WARD, in replying lo Mr Allen's statements regarding the exemption of widows, said that in committee it was made clear that widows should be exempt

from death duties up to £5000, when the estate was not worth more than £10,000. During the preceding 12 months 131 widowers had left estates out of a total of 1585. There were 1416 estates worth under £.'".000, which was a fair indication of how the act would affect widows. In

regard to marriage settlements, it was proposed by Mr Allen that- a man could practically escape the succession and legacy duties by giving away his estate to bis children in their marriage. He did not believe that m-iny people would try to evade the law, as alleged by Mr Herries. Tho whole basis of the bill was to pre-

vent a man during his lifetime from dividing' his estate with a view of escaping the death duties.

Tim third reading was carried on the voices, and the bill was passed.