State-Owned Enterprises Act 1986 No 124 (as at 01 April 2008), Public Act

Act by section

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

    Board means—

    • (a) In relation to a State enterprise that is a company, the board of directors of the State enterprise:

    • (b) In relation to a State enterprise that is not a company, the persons occupying the positions in or in relation to the State enterprise that are comparable with those of the board of directors of a company:

    Company means—

    • (a) A company formed and registered under the Companies Act 1955 or an existing company within the meaning of that Act; or

    as the case may be

    Company: this definition was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) 1994 (1994 No 16).

    Crown means Her Majesty the Queen in right of New Zealand

    Equity bond means a State enterprise equity bond issued pursuant to section 12 of this Act

    Equity bond: this definition was inserted, as from 1 April 1987, by section 2(1) State-Owned Enterprises Act 1987 (1987 No 117).

    Minister means a Minister of the Crown

    Organisation includes a company, a body corporate, a partnership, and a joint venture

    Responsible Minister, in relation to a State enterprise, means the Minister for the time being responsible for that State enterprise

    Rules means—

    • (a) In relation to a State enterprise that is a company, the memorandum of association and articles of association or the constitution, as the case may be, of the State enterprise:

    • (b) In relation to a State enterprise that is not a company, the documents relating to the State enterprise that are comparable to the memorandum of association and articles of association or the constitution, as the case may be, of a company:

    Rules: paragraphs (a) and (b) of this definition were amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) 1994 (1994 No 16) by inserting the words or the constitution, as the case may be,.

    Share means—

    • (a) In relation to a company that has issued shares, a share of any class (but, except in sections 14 and 22 of this Act, does not include an equity bond):

    • (b) In relation to an organisation (other than a company) that has a capital, an interest in or right to the whole or any part of that capital, other than an interest or right as a creditor:

    • (c) In relation to a company or other organisation that does not have a capital,—

      • (i) An interest in or right to any part of the assets of the company or organisation, other than an interest or right as a creditor; or

      • (ii) Where there are no assets, a direct or contingent obligation to contribute money to or bear losses of the company or organisation;—

    and shareholder has a corresponding meaning

    Share: paragraph (a) of this definition was amended, as from 1 April 1987, by section 2(2) State-Owned Enterprises Act 1987 (1987 No 117), by substituting the words issued shares, a share for the words a share capital, a share in that capital, and inserting the words (but, except in sections 14 and 22 of this Act, does not include an equity bond).

    Shareholding Ministers means the Minister of Finance and the responsible Minister

    State enterprise means an organisation that is named in Schedule 1 to this Act

    Statement of corporate intent, in relation to a State enterprise, means the current statement of corporate intent for the State enterprise prepared pursuant to section 14 of this Act

    Subsidiary has the same meaning as in sections 158 and 158A of the Companies Act 1955 or sections 5 and 6 of the Companies Act 1993, as the case may be.

    Subsidiary: this definition was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) 1994 (1994 No 16).