New Zealand Railways Corporation Act 1981

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Reprint as at 10 May 2011

New Zealand Railways Corporation Act 1981

Public Act1981 No 119
Date of assent23 October 1981
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 Treasury.


Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
New Zealand Railways Corporation

3 Minister of Railways [Repealed]

3A Relationship to Resource Management Act 1991

4 New Zealand Railways Corporation

5 Transfer of property contracts and liabilities to Corporation

6 Meetings of directors

7 Disclosure of interests

7A Indemnification and insurance

8 Corporation procedure

9 General Manager of Corporation

10 Delegation of functions and powers

10A Directions to carry out functions and exercise powers of Corporation

11 Remuneration of directors

Part 2
Functions and powers of Corporation

12 Functions of Corporation

13 Powers of Corporation

14 Power to alter operations and services

15 Financial contributions

16 Carriage of passengers and goods otherwise than by rail

17 Carriage of passengers and goods by water

18 Carriage of goods

19 Conveyance of hazardous substances and dangerous goods [Repealed]

20 Power to sell goods left by unknown owner

21 Power to act as agent of consignor of any goods to collect the price thereof

22 Power to retain goods received for conveyance if subject to unpaid Customs duties

23 Power to produce, sell, hire, and operate

24 Power in relation to property

25 Acquisition and disposal of shares, stock, or interest in company or business

26 Power to purchase and authorise sale of liquor on railway [Repealed]

27 Food and entertainment licences under Sale of Liquor Act in respect of railway restaurants [Repealed]

28 Disposal of railways

29 Powers of Corporation as to use of railways, wharves, etc

30 Powers of Minister and Corporation under Public Works Act 1981

31 Power to protect railway

31A Railway drains [Repealed]

32 Certificates of title for railway land

33 Lands and buildings may be leased

34 Development licences may be granted in respect of unused railway land or buildings

35 Grant of easements

Part 3
Financial provisions

36 Capital of Corporation

37 Borrowing by and loans to Corporation

37A Power to enter into swaps or other financial arrangements

37B Financial provisions relating to liability of the Crown in respect of Corporation's debt

38 Investments

39 Bank accounts

40 Capital works expenditure programme [Repealed]

41 Unauthorised expenditure [Repealed]

42 Dividends on capital

43 Financial statements and annual report [Repealed]

Part 4
Inquiries

[Repealed]

44 Appointment of Board of Inquiry as to matters affecting administration of railways [Repealed]

45 Corporation inquiries [Repealed]

Part 5
Railway operations

46 Safety of Corporation railways [Repealed]

47 New Corporation railways [Repealed]

48 Corporation may agree to work branch railway or siding in connection with railway

49 Corporation may agree with companies for running powers over lines

50 Railway crossings [Repealed]

51 Local authorities may contribute towards cost of railway bridge or subway [Repealed]

52 Lights, etc, liable to be confused with railway signals [Repealed]

53 Warning devices at level crossings [Repealed]

54 Traffic at level crossings [Repealed]

55 Rail traffic to have right of way [Repealed]

56 Employee may impound trespassing cattle

57 No railways to cross Corporation railways without consent [Repealed]

58 Gates and cattle stops [Repealed]

Part 6
Wellington to Johnsonville and Hutt Valley railways

[Repealed]

59 Application of this Part [Repealed]

60 Interpretation [Repealed]

61 Restriction upon the carrying on of passenger services [Repealed]

62 Offences [Repealed]

63 Corporation to carry on passenger services within prescribed area [Repealed]

64 Information for offences [Repealed]

65 Hutt Valley passenger services [Repealed]

Part 7
Staff administration

66 Appointment and dismissal of officers and employees of the Corporation

67 Salaries and conditions of employment [Repealed]

68 Application of State Services Conditions of Employment Act 1977 [Repealed]

69 Application of State Services Act 1962 [Repealed]

70 Labour Relations Act 1987 not to apply [Repealed]

71 Officers and employees of New Zealand Government Railways [Repealed]

72 Superannuation of officers and employees

73 Classification of Corporation [Repealed]

74 Right of workers to become members of service organisations [Repealed]

74A Preference to be obtained only by virtue of service organisation membership clause [Repealed]

74B Obligatory rules concerning service organisation membership clauses [Repealed]

74C Implementation of ballot where determinations contain service organisation membership clause [Repealed]

74D Implementation of ballot where determinations do not contain service organisation membership clause [Repealed]

74E Power to make consequential amendments to determination [Repealed]

74F Explanatory note in relation to expiry of service organisation membership clause [Repealed]

74G Insertion of service organisation membership clause in determination to which 2 or more service organisations are parties [Repealed]

74H Notice to Registrar [Repealed]

74I Conduct of ballot [Repealed]

74J Restriction on issue of certificates [Repealed]

74K Offences in relation to ballots [Repealed]

74L Applications for inquiries [Repealed]

74M Inquiries into ballots [Repealed]

74N Ballot papers, etc, to be preserved [Repealed]

74O Enforcement of service organisation membership clauses [Repealed]

74P Application for exemption from membership of service organisation [Repealed]

74Q Intervention by other service organisations or unions or central organisation of workers [Repealed]

74R Discrimination [Repealed]

74S Right to become member of service organisation [Repealed]

75 Method of appointment to Corporation [Repealed]

75A Appointment of officers under contract [Repealed]

76 Limiting power of making new appointments to Corporation [Repealed]

77 Officers may be transferred from State Services or education service to Railways Corporation [Repealed]

78 Power to reappoint employees of service organisations [Repealed]

79 Effective date of appointments [Repealed]

80 Annual determinations as to suitability for promotion [Repealed]

Apprentices

[Repealed]

81 Engagement of apprentices [Repealed]

82 Indentures of apprenticeship [Repealed]

83 Transfer of apprentices [Repealed]

84 Establishment of apprenticeship advisory committee [Repealed]

Promotions and transfers within Corporation

[Repealed]

85 Positions may be filled by transfer of members already in Corporation [Repealed]

86 Appointments to be provisional [Repealed]

87 Provisional appointment may at any time be cancelled by Corporation [Repealed]

88 Continuous review of classification and grading [Repealed]

89 Review of grading [Repealed]

90 Grading Committee [Repealed]

91 Successful application for review of grading [Repealed]

92 Railway employees responsible for damage [Repealed]

93 Penalties for breach of regulations or rules [Repealed]

Constitution of Appeal Board and rights of appeal

[Repealed]

94 Railways Corporation Appeal Board [Repealed]

95 Election of members of Appeal Board [Repealed]

96 Procedure as to appeals [Repealed]

97 Costs of appeals [Repealed]

98 Rights of appeal of members [Repealed]

98A Rights of appeal in respect of enterprise units and positions for which range of rates of remuneration is prescribed [Repealed]

99 Rights of appeal of temporary employees [Repealed]

100 Notice of appeal, jurisdiction, etc [Repealed]

101 Offence to attempt to influence improperly Appeal Board or any member thereof [Repealed]

102 Regulations [Repealed]

Part 8
New Zealand Railways Staff Welfare Society

[Repealed]

103 Interpretation [Repealed]

104 Constitution and membership of society [Repealed]

105 Functions of society [Repealed]

106 New Zealand Railways Staff Welfare Board [Repealed]

107 Meetings of Welfare Board [Repealed]

108 Miscellaneous financial provisions [Repealed]

109 Contracts of Welfare Board [Repealed]

Part 9
Regulations, scales of charges, and codes of practice

Regulations

110 Regulations

111 Scales of charges

Codes of practice

112 Codes of practice

113 Codes of practice to be approved by Minister

114 Citation and proof of codes of practice

Part 10
General provisions

115 Offences

116 Penalties for damage to railways

117 Certificate by Corporation to be evidence of certain facts

118 Fees for preparation of documents, etc

119 Authorisation of reclamation

119A Application of certain transport Acts to Corporation

120 Repeals and amendments

Schedule 1
Appointments of officers

[Repealed]

Schedule 2
Wellington to Johnsonville and Hutt Valley railways

Schedule 3
Reclamation authorised

Schedule 4
Enactments repealed

Reprint notes


An Act to establish a corporation to maintain, operate, and develop the services at present carried on by the New Zealand Government Railways Department and to consolidate and amend the law relating thereto