New Zealand Railways Corporation Act 1981

  • not the latest version
2 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    approved urban transport scheme means an urban transport scheme approved in accordance with the Urban Transport Act 1980

    authorised representative, in relation to any service organisation, means a person authorised in accordance with the rules of the service organisation, or by its committee of management, to act on its behalf

    charges includes rates and fares

    common marine and coastal area has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

    conditions of employment

    • (a) includes rates of remuneration; and

    • (b) includes—

      • (i) all matters affecting the privileges, rights, and duties of service organisations or the officers of any service organisation; and

      • (ii) all matters affecting or relating to the preferential employment, or the non-employment, of any person or class of persons; but

    • (c) notwithstanding anything in paragraphs (a) and (b), does not include any matter relating to the compulsory membership of a service organisation by any person or any matter relating to the conferring on any person, by reason of that person's membership or non-membership of a service organisation, of—

      • (i) any preference on obtaining or retaining employment; or

      • (ii) any preference in relation to terms of employment or conditions of employment or fringe benefits or opportunities for training, promotion, or transfer; or

      • (iii) any preference in relation to the formula that will be used to assess compensation for redundancy

    Corporation means the New Zealand Railways Corporation as constituted under section 4

    Crown transferee company has the same meaning as in section 2(1) of the New Zealand Railways Corporation Restructuring Act 1990

    Department means the New Zealand Government Railways Department as constituted by the Government Railways Act 1949

    director means a director of the Corporation appointed under section 4(2)

    employee means any person employed in the service of the Corporation, whether as a member or as an apprentice or on probation or temporarily but does not include any master, officer, or seaman who is employed pursuant to section 17

    General Manager means the General Manager of the Corporation appointed pursuant to section 9

    goods means goods, baggage, and chattels of any description; and includes animals and plants; and also includes money, documents, and all other things of value

    level crossing means any place where a railway line crosses a road on the level or where the public is permitted to cross a railway line on the level; and includes a bridge used for both railway and road traffic

    local authority means a local authority within the meaning of the Local Government Act 2002

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    notice means a statement conveying the general effect of a matter or thing done or intended to be done

    official circular means any circular issued by or under the direction of the Corporation, and includes any list printed under any regulations relating to the classification and pay of employees

    open railway means any railway line open for traffic at or after the commencement of this Act

    person includes a corporation sole and also a body of persons, whether incorporated or not

    prescribed means prescribed by this Act, or by regulations or scales of charges made under this Act

    public notice means a notice published in some newspaper circulating in the locality in which the subject matter of the notice arises or to which it relates, or posted in some conspicuous place in any goods office, on any goods shed, or on any railway station in that locality

    publicly notified means notified by public notice

    railway includes—

    • (a) all land belonging to the Crown, or forming part of any public reserve within the meaning of the Reserves Act 1977 or forming part of the common marine and coastal area, upon which any Corporation railway is constructed, or which is or is reputed to be held or used in connection with or for the purposes of the Corporation, and all land which is under the control of the Corporation or which is held by the Corporation or under lease, licence, or otherwise for the purposes of the Corporation; and

    • (b) all buildings, erections, wharves, jetties, works, rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or movable property of every description or kind belonging to the Corporation and situate on any such land or held or used, or reputed to be held or used, in connection with or for the purposes of the Corporation

    railway line means any set of rails; and includes the area within 3 metres of a line drawn midway between those rails

    railway operator has the same meaning as in section 2(1) of the New Zealand Railways Corporation Restructuring Act 1990

    station includes any bus terminal, officered railway station, flag station, platform, stopping place, or crossing-siding, and also includes the area within the station limits as defined by the Corporation

    ticket includes any ticket, document, medallion, or pass issued by the Corporation or its agents in connection with the use of any railway

    transferee company has the same meaning as in section 2(1) of the New Zealand Railways Corporation Restructuring Act 1990.

    (2) In relation to any ballot provided for in the rules set out in section 74B(1), appropriate financial members of the service organisation means the financial members of the service organisation who are bound by a determination made under the State Services Conditions of Employment Act 1977 (as applied by Part 7 of this Act) or any other Act (being a determination by which members of the service organisation are bound).

    Compare: 1949 No 40 s 2; 1971 No 41 s 2(2)(a); 1972 No 64 s 3(a); 1973 No 65 s 2(1)(a); 1979 No 59 s 8(3)

    Section 2(1) apprentice: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) authorised representative: inserted, on 1 July 1985, by section 2(1) of the New Zealand Railways Corporation Amendment Act 1985 (1985 No 105).

    Section 2(1) common marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) conditions of employment: inserted, on 1 July 1985, by section 2(2) of the New Zealand Railways Corporation Amendment Act 1985 (1985 No 105).

    Section 2(1) Crown transferee company: inserted, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2(1) master: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) member: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) Minister: substituted, on 6 August 2010, by section 4 of the New Zealand Railways Corporation Amendment Act 2010 (2010 No 100).

    Section 2(1) officer: repealed, on 10 November 1987, by section 20(3)(a) of the State Services Conditions of Employment Amendment Act 1987 (1987 No 17).

    Section 2(1) promotion: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) railway paragraph (a): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

    Section 2(1) railway operator: inserted, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) service organisation: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) service organisation membership clause: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) society of workers or association of workers or organisation of workers: repealed, on 1 July 1985, by section 2(4) of the New Zealand Railways Corporation Amendment Act 1985 (1985 No 105).

    Section 2(1) transferee company: inserted, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(1) Union Membership Exemption Tribunal: repealed, on 28 August 1990, by section 34 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).

    Section 2(2): added, on 1 July 1985, by section 2(6) of the New Zealand Railways Corporation Amendment Act 1985 (1985 No 105).