Christchurch–Lyttelton Road Tunnel Authority Dissolution Act 1978

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Christchurch–Lyttelton Road Tunnel Authority Dissolution Act 1978

Public Act1978 No 51
Date of assent11 October 1978
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Transport.


An Act to abolish tolls for use of the Christchurch–Lyttelton Road Tunnel and to dissolve the Christchurch–Lyttelton Road Tunnel Authority

1 Short Title and commencement
  • (1) This Act may be cited as the Christchurch–Lyttelton Road Tunnel Authority Dissolution Act 1978.

    (2) This Act shall come into force on 1 April 1979.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Authority means the Christchurch–Lyttelton Road Tunnel Authority established under section 3 of the Christchurch–Lyttelton Road Tunnel Act 1956

    Board means the New Zealand Transport Agency established under section 93 of the Land Transport Management Act 2003

    New Zealand Transport Agency means the Agency established under section 93 of the Land Transport Management Act 2003

    tunnel means the Christchurch–Lyttelton Road Tunnel constructed under the authority of the Christchurch–Lyttelton Road Tunnel Act 1956.

    Section 2 account: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2 Board: substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2 New Zealand Transport Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2 Transit: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 2 Transit New Zealand: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act 2003 (2003 No 118).

3 Dissolution of Authority and abolition of tolls
  • (1) The Christchurch–Lyttelton Road Tunnel Authority is hereby dissolved.

    (2) All tolls prescribed in respect of the use of the Christchurch–Lyttelton Road Tunnel are hereby abolished.

4 Vesting of assets and liabilities of Authority in Crown
  • (1) On the commencement of this section—

    • (a) all real property, including the tunnel, belonging to the Authority, and all rights and obligations attaching thereto is hereby vested in the Crown:

    • (b) all other assets, and debts, loan charges, liabilities, and obligations of any nature, whether present or contingent, belonging to or subsisting immediately before the date of commencement of this Act in the name of or on behalf of the Authority shall become the assets, debts, loan charges, liabilities, and obligations of the Crown.

    (2) The District Land Registrar, on receiving a written request from the Minister of Works and Development, incorporating a reference to this section, shall without fee make such entries in his registers and on any outstanding documents of title and generally do all such things as may be necessary to give effect to the provisions of subsection (1) in respect of land and interests in land specified in the request.

    (3) All references to the Authority in any security or other document whatever which is subsisting immediately before the date of commencement of this section, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Crown.

5 Continuance of proceedings
  • (1) All proceedings pending by or against the Authority on the date of commencement of this Act in respect of its undertaking or functions may, if arising out of any matter specified in section 4, be carried on, completed, and enforced by or against the Crown or, if arising out of any other matter, may be carried on, completed, and enforced by or against the New Zealand Transport Agency on behalf of the Crown.

    (2) Any proceedings resulting from any matter arising before the date of commencement of this Act but not commenced before that date may be commenced, carried on, completed and enforced—

    • (a) by or against the Crown, if the proceedings relate to any matter specified in section 4:

    • (b) by or against the New Zealand Transport Agency on behalf of the Crown, if they relate to any other matter specified in the Christchurch–Lyttelton Road Tunnel Act 1956.

    Section 5(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 5(2)(b): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

6 Tunnel to be public highway, etc
  • (1) The tunnel and the approaches thereto are hereby declared to be a public highway.

    (2) Subject to sections 4 and 7

    • (a) there shall be payable, out of the balance of the fund within the meaning of the Land Transport Management Act 2003, all costs in respect of the operation and maintenance of the said public highway:

    • (b) all money payable to the Authority or the Board is payable to the New Zealand Transport Agency and is to be treated as land transport revenue for the purposes of the Land Transport Management Act 2003:

    • (c) the benefit of any contract or undertaking entered into by or on behalf of the Authority or the Board shall be deemed to be assigned to the New Zealand Transport Agency on behalf of the Crown.

    (3) [Repealed]

    Section 6(2): substituted, on 1 October 1989, by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).

    Section 6(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 6(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 6(2)(b): substituted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 6(2)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 6(3): repealed, on 1 October 1989, by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).

7 Authorising Lyttelton Harbour Board to provide services
  • Subject to such apportionment of costs and expenses and to such other conditions as may be agreed upon between the Lyttelton Harbour Board and the New Zealand Transport Agency, that Harbour Board is hereby authorised to provide, in respect of the tunnel, electrical, mechanical, and ventilation maintenance services.

    Section 7: amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

8 Saving of bylaws and bylaw-making powers
  • (1) Notwithstanding the repeal of the Christchurch–Lyttelton Road Tunnel Act 1956 but subject to section 3(2) of this Act, all bylaws made by the Authority under the Christchurch–Lyttelton Road Tunnel Act 1956, unless sooner revoked, and all bylaws made by the Board under this Act, shall become bylaws of the New Zealand Transport Agency and may be revoked or altered by the New Zealand Transport Agency, but until so revoked every such bylaw shall remain in force.

    (2) The New Zealand Transport Agency may from time to time, in respect of the tunnel, make, revoke, or alter any bylaw which the Authority could have made, revoked, or altered under the Christchurch–Lyttelton Road Tunnel Act 1956.

    (3) The making, revocation, or alteration of any such bylaw shall be by resolution of the New Zealand Transport Agency and be done in the same manner as the New Zealand Transport Agency may make, revoke, and alter bylaws under the Government Roading Powers Act 1989.

    (4) For the purposes of the Land Transport Act 1998, any bylaw made under this section is to be treated as being made under section 22AB of the Land Transport Act 1998.

    (5) Every person who acts in contravention of or fails to comply with any bylaw for the time being in force under this section commits an offence and shall be liable on conviction to a fine not exceeding $200 and, if the offence is a continuing one, to a further fine not exceeding $10 for every day or part of a day during which the offence has continued.

    Section 8(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 8(1): amended, on 1 October 1989, by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).

    Section 8(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 8(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 8(4): substituted, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

    Section 8(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

9 Repeal
  • The Christchurch–Lyttelton Road Tunnel Act 1956 is hereby repealed.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Christchurch–Lyttelton Road Tunnel Authority Dissolution Act 1978. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Criminal Procedure Act 2011 (2011 No 81): section 413

    Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)

    Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)

    Land Transport Management Act 2003 (2003 No 118): section 90

    Government Roading Powers Act 1989 (1989 No 75): section 116(4)