Auckland Airport Act 1987

Reprint
as at 1 July 2003

Coat of Arms of New Zealand

Auckland Airport Act 1987

Public Act1987 No 195
Date of assent16 December 1987
Commencement16 December 1987
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 provide for the incorporation of a company to own and operate Auckland International Airport, for the transfer of airport assets and liabilities of the Crown, the Auckland Regional Authority, and certain local authorities to that company, for the payment to the Crown and those local authorities of the existing reserves of the airport, and to amend the Civil Aviation Act 1964 and the Stamp and Cheque Duties Act 1971

1 Short Title

  • This Act may be cited as the Auckland Airport Act 1987.

2 Interpretation

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

    agreement has the same meaning as in section 29(1) of the State-Owned Enterprises Act 1986

    airport means the Auckland International Airport at Mangere in the North Auckland Land District, being an area of approximately 1 100 hectares which includes a runway, an international terminal and a domestic terminal and other buildings, installations and facilities

    airport assets means any assets of the Crown, the Auckland Regional Authority or any constituent authority or constituent authorities, (whether held jointly or severally) that are held or used for the purposes of, or in relation to, the airport or that are held for future use for the purposes of the airport; but does not include—

    • (a) any assets declared by the Ministers by any notice in the Gazette not to be airport assets; or

    • (b) airport reserves other than any airport reserves designated by the Minister of Finance by any notice in the Gazette to be airport assets for the purposes of this Act

    airport liabilities means any liabilities of the Crown, the Auckland Regional Authority or any constituent authority or constituent authorities, (whether incurred jointly or severally) that were incurred for the purposes of the airport; but does not include any liabilities declared by the Ministers by any notice in the Gazette not to be airport liabilities

    airport reserves means the reserves as shown in the accounts for the year ending on 31 March 1986 of the joint venture for the establishment and operation of the airport constituted under the joint venture agreements and any amounts that ought properly to be treated as being of the same character which accrue immediately before the vesting day; but in any event a sum of not less than $110,000,000

    assets has the same meaning as in section 29(1) of the State-Owned Enterprises Act 1986

    company means the company formed and registered under section 4

    constituent authority means a local authority specified in the Schedule

    contributing percentage in relation to a constituent authority, means the percentage specified in relation to that constituent authority in the second column of the Schedule

    debt security has the same meaning as in section 2(1) of the Securities Act 1978

    equity security has the same meaning as in section 2(1) of the Securities Act 1978

    joint venture agreements means—

    • (a) the deed dated 25 November 1963 made between Her Majesty the Queen acting by and through the Minister of Works and the Minister in Charge of Civil Aviation of the one part and the body corporate called the Mayor, Councillors, and Citizens of the City of Auckland of the other part:

    • (b) the deed dated 14 April 1966 made between Her Majesty the Queen acting by and through the Minister of Works and the Minister of Civil Aviation of the one part and the body corporate called the Auckland Regional Authority of the other part:

    • (c) any other agreement relating to the airport to which the Crown is a party together with any 1 or more of the Auckland Regional Authority or a constituent authority which is specified by the Governor-General by Order in Council to be a joint venture agreement for the purposes of this Act

    land has the same meaning as in section 2 of the Land Transfer Act 1952

    liabilities has the same meaning as in section 29(1) of the State-Owned Enterprises Act 1986

    local authority has the same meaning as in section 2 of the Airport Authorities Act 1966

    Ministers means the Minister of Finance and the Minister for State-Owned Enterprises acting on behalf of the Crown

    shareholding percentage in relation to a constituent authority, means the percentage specified in relation to that constituent authority in the first column of the Schedule

    vesting day means the date specified in the first Order in Council made by the Governor-General under section 6.

    Section 2 contributing percentage: inserted, on 28 March 1988, by section 2(1) of the Auckland Airport Amendment Act 1988 (1988 No 18).

    Section 2 Ministers: substituted, on 1 February 1998, by section 2 of the Auckland Airport Amendment Act 1996 (1996 No 94).

    Section 2 shareholding percentage: inserted, on 28 March 1988, by section 2(2) of the Auckland Airport Amendment Act 1988 (1988 No 18).

    Section 2 specified percentage: repealed, on 28 March 1988, by section 2(2) of the Auckland Airport Amendment Act 1988 (1988 No 18).

3 Act to bind the Crown

  • This Act shall bind the Crown.

4 Incorporation of company to own and operate Auckland International Airport

  • (1) Notwithstanding any enactment or rule of law, the Ministers may form and register under the Companies Act 1955 a public company limited by shares that—

    • (a) has such name as the Ministers shall decide; and

    • (b) has a memorandum of association and articles of association in such form as the Ministers may determine.

    (2) The Ministers may subscribe for equity securities in the company to be issued on its incorporation and any other equity securities to be so issued shall be subscribed for by nominees of the Ministers.

    (3) The Ministers may subscribe for or hold any other equity securities or debt securities issued by the company.

    (4) The memorandum of association and articles of association of the company shall be laid before the House of Representatives by the Minister of Civil Aviation and Meteorological Services within 12 sitting days after the incorporation of the company.

    (5) All money required to be paid by the Ministers on subscribing or applying for, or being allotted, equity securities or debt securities of the company shall be paid for out of the Consolidated Account or Loans Account out of money appropriated by Parliament for the purpose.

    (5A) The Ministers may from time to time exercise all or any of the Crown's rights and powers as the holder of any equity securities or any debt securities of the company.

    (6) On and after the vesting day the company shall be deemed to be an airport company within the meaning, and for the purposes, of the Airport Authorities Act 1966.

    (7) Nothing in section 134 of the Companies Act 1955 or section 3A of the Airport Authorities Act 1966 applies to the company.

    Section 4(5A): inserted, on 12 September 1990, by section 28(1) of the Finance Act (No 2) 1988 (1988 No 128).

4A Provisions relating to holding of securities by Minister

  • (1) Equity securities and debt securities issued by the company and held in the name of a person described as one of the Ministers shall be held by the person from the time being holding the office of that Minister.

    (2) Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities upon a change in the person holding the office of the shareholding Minister.

    (3) A Minister may at any time or times, by written notice to the company, authorise, on such terms and conditions as are specified in the notice, such person as the Minister thinks fit to act as the Minister's representative at any or all of the meetings of shareholders of the company or of any class of such shareholders, and any person so authorised shall be entitled to exercise the same powers on behalf of the Minister as the Minister could exercise if present in person at the meeting or meetings.

    Section 4A: inserted, on 10 August 1992, by section 39 of the Civil Aviation Amendment Act 1992 (1992 No 75).

4B Application of Companies Act 1955 to airport company

  • (1) Notwithstanding the Companies Act 1955, but subject to subsection (3), the company may be formed or reconstituted as if the reference to the figure “7” in section 13(1) of the Companies Act 1955 were a reference to the figure “2”.

    (2) In the application of the Companies Act 1955 to the company, the following provisions of the Companies Act 1955 shall, subject to subsection (3), be construed as if references therein to 7 members were references to 2 members:

    • (a) section 41, as to carrying on business when the number of members is reduced below the legal minimum:

    • (b) section 211(4)(c), as to the appointment of a liquidator by the court if the company is not a private company and the number of members is reduced below the legal minimum.

    • (c) [Repealed]

    (3) Subsections (1) and (2) shall have effect only if all equity securities in the airport company are held by—

    • (a) a Minister of the Crown or his or her nominee; or

    • (b) a local authority or its nominee; or

    • (c) any combination of persons referred to in paragraphs (a) and (b),—

    and shall cease to have effect upon the transfer of any equity securities in the airport company to any other person.

    Section 4B: inserted, on 10 August 1992, by section 39 of the Civil Aviation Amendment Act 1992 (1992 No 75).

    Section 4B(2)(b): substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 4B(2)(c): repealed, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 4B(3)(b): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

5 Rights of other person not affected

  • Nothing in section 4 limits the persons who may subscribe for, hold, acquire, or dispose of any equity securities or debt securities issued by the company.

    Section 5: substituted, on 12 September 1990, by section 28(2) of the Finance Act (No 2) 1988 (1988 No 128).

6 Vesting of airport assets and airport liabilities in company

  • (1) The Ministers may, at any time or times, prepare a list or lists specifying the airport assets and airport liabilities which in the opinion of the Ministers should be vested in the company in accordance with this Act.

    (2) Every list prepared under subsection (1) shall—

    • (a) contain a description of each asset and liability, either individually or as a group or class; and

    • (b) state the value attributed by the Ministers to each asset and liability, either individually or as a group or class; and

    • (c) be signed by the Ministers; and

    • (d) be laid before the House of Representatives by the Minister for State-Owned Enterprises within 12 sitting days of its being signed.

    (3) The Governor-General may, at any time or times, by Order in Council, vest in the company on a date specified in the order the airport assets and airport liabilities specified in the order, being assets and liabilities set out in a list prepared pursuant to subsection (1) and which is referred to in the order.

    (4) Every Order in Council under subsection (3) shall—

    • (a) specify the kind, number, nominal value, and terms of any equity securities that shall be issued by the company consequent upon the vesting in it of the airport assets and airport liabilities referred to in the order; and

    • (b) specify the kind, number, nominal value, and terms (including interest) of any debt securities that shall be issued by the company consequent upon the vesting in it of the airport assets and airport liabilities referred to in the order; and

    • (c) specify the date on which the equity securities and debt securities shall be issued.

    (5) On the date specified in the Order in Council pursuant to subsection (4)(c) the company shall—

    • (a) issue to the Ministers and the constituent authorities in accordance with subsection (6), and as fully paid up, equity securities of such kind, number, nominal value, and terms as are specified in the order:

    • (b) issue to the Ministers and the constituent authorities debt securities of such kind, number, nominal value, and terms as are specified in the order.

    (6) Equity securities issued by the company under subsection (5) shall be issued—

    • (a) 50% to the Ministers in equal proportions; and

    • (b) 50% to the constituent authorities in accordance with the shareholding percentage of each constituent authority—

    except that on the first issue of such equity securities under paragraph (a) the equity securities issued shall be reduced by the number of equity securities subscribed for and issued on the incorporation of the company.

    (7) Debt securities issued under subsection (5) shall be issued—

    • (a) 50% to the Minister of Finance:

    • (b) 50% to the constituent authorities in accordance with the shareholding percentage of each constituent authority.

    (8) Nothing in subsections (1)(b) and (2) of section 60 of the Companies Act 1955 shall apply in respect of equity securities issued pursuant to subsection (5) of this section.

    (9) Assets that are fixed to, or are under or over, any land may vest in the company under this Act notwithstanding that no interest in the land also vests in the company under this Act and in any such case the asset and the land shall be regarded as separate assets each capable of separate ownership.

    Section 6(2)(d): amended, on 1 February 1998, by section 3 of the Auckland Airport Amendment Act 1996 (1996 No 94).

    Section 6(6)(b): amended, on 28 March 1988, by section 3(1) of the Auckland Airport Amendment Act 1988 (1988 No 18).

    Section 6(7)(b): amended, on 28 March 1988, by section 3(2) of the Auckland Airport Amendment Act 1988 (1988 No 18).

7 Additional provisions relating to vesting of airport assets and airport liabilities in company

  • (1) Nothing effected or authorised by this Act—

    • (a) shall be regarded as placing the Crown, the Auckland Regional Authority, any constituent authority or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong:

    • (b) shall be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or

    • (c) shall be regarded as placing the Crown, the Auckland Regional Authority, any constituent authority or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or

    • (d) shall release any surety from any obligation; or

    • (e) shall invalidate or discharge any contract or security.

    (2) Where an asset or liability is vested in the company under this Act—

    • (a) the Crown, the Auckland Regional Authority and any constituent authority, as the case may be, shall remain liable to any third party as if the asset or liability had not been so vested; and in any such case the company shall indemnify the Crown, the Auckland Regional Authority or that constituent authority in respect of any liability arising under this subsection:

    • (b) any satisfaction or performance by the company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown, the Auckland Regional Authority, or the constituent authority or constituent authorities, as the case may be:

    • (c) any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the company shall be deemed to be also to the benefit of the Crown, the Auckland Regional Authority, or the constituent authority or constituent authorities, as the case may be.

    (3) District Land Registrars are hereby authorised and directed to make such entries in their respective registers and do everything necessary to give effect to the vesting of any land or any estate or interest in land under this Act.

    (4) The provisions of this Act vesting any assets or liabilities in the company shall have effect notwithstanding any enactment, rule of law or agreement and, in particular, but without limitation, the provisions of this Act vesting any land in the company shall have effect notwithstanding any provision contained in the Land Act 1948, the Reserves Act 1977, or the Public Works Act 1981 or in any other Act relating to land.

    (4A) Where land has been transferred to the company under this Act, sections 40 and 41 of the Public Works Act 1981 shall, after that transfer, apply to the land as if the company were the Crown and the land had not been transferred under this Act.

    (5) A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that any land described in the certificate, or described in any document on which the certificate appears, is land to which subsection (4) applies shall be sufficient evidence, in the absence of proof to the contrary, that that subsection applies to the land.

    (6) Where by virtue of this Act any land vests in the company the land shall vest in the company for an estate in fee simple subject to all leases, agreements to lease, and easements existing in respect of any part of that land immediately before the land vests in the company but otherwise freed and discharged from all trusts and reservations affecting it.

    Section 7(4A): inserted, on 10 August 1992, by section 39 of the Civil Aviation Amendment Act 1992 (1992 No 75).

8 Local Authorities (Employment Protection) Act 1963 applied

  • (1) The Local Authorities (Employment Protection) Act 1963 shall apply, with effect on and from the vesting day, in respect of the employees of the Auckland Regional Authority as if—

    • (a) the Auckland Regional Authority and the company were local authorities for the purposes of that Act; and

    • (b) the operation of the airport were an undertaking or function transferred from the Auckland Regional Authority to the company; and

    • (c) the vesting day were the date of transfer; and

    • (d) in section 5(2) of that Act for the words “Minister, after consultation with the Minister charged with the administration of the Act under which the local authorities or any of them are constituted and after making such other inquiries as he thinks fit, determines”, there were substituted the words “Minister of Local Government and the Minister of Civil Aviation and Meteorological Services shall determine”; and

    • (e) every reference in that Act to the expression “2 years” were a reference to the term “1 year”.

    (2) No person to whom the Local Authorities (Employment Protection) Act 1963 applies by virtue of subsection (1) shall be entitled to receive any payment or other benefit, not being a payment or benefit to which that person is entitled under that Act, by reason only of the application of that Act to that person.

    (3) Nothing in the Local Authorities (Employment Protection) Act 1963 (as applied by subsection (1)) shall affect any rights or liabilities under any provident, benefit, superannuation, or retirement fund or scheme of any person to whom that Act applies.

9 Joint venture agreements dissolved

  • (1) Subject to subsection (2), on the vesting day the joint venture agreements shall, by virtue of this section, be deemed to be unenforceable and of no effect.

    (2) Nothing in subsection (1) limits or affects the liability of any person for breach of the joint venture agreements by reason of any act or omission before the vesting day.

10 Airport reserves

  • (1) Notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, the Minister of Finance may, from time to time, by notice in writing to the Auckland Regional Authority require the Authority to pay to the Crown and the constituent authorities such amount as shall be specified in the notice from the airport reserves or transfer to the Crown and the constituent authorities such securities in which the reserves are held as may be so specified, as the case may be.

    (2) Every notice given under subsection (1) shall be published in the Gazette.

    (3) On the date specified in the notice, not being a date earlier than 28 days after the notice is given, or on such later date as may be agreed to by the Minister at the request of the Authority, the Auckland Regional Authority shall, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, pay to the Crown and the constituent authorities the amount specified in the notice or transfer to the Crown and the constituent authorities the securities specified, as the case may be.

    (4) Subject to subsection (5), the amount required to be paid or the securities required to be transferred by the Auckland Regional Authority pursuant to a notice under this section shall be paid or transferred—

    • (a) 50% to the Crown; and

    • (b) 50% to the constituent authorities in accordance with the contributing percentage of each constituent authority.

    (5) In the case of the reserves comprised in the Airport Development Reserve, the amount required to be paid or the securities required to be transferred by the Auckland Regional Authority pursuant to a notice under this section shall be paid or transferred—

    • (a) 80% to the Crown; and

    • (b) 20% to the constituent authorities in accordance with the contributing percentage of each constituent authority.

    (6) Where all or any money payable under this section is not paid or securities required to be transferred are not transferred, as the case may be, on or before the date specified in the notice or otherwise agreed by the Minister as the date for payment or transfer, the Auckland Regional Authority shall pay interest to the Crown and the constituent authorities in the proportions referred to in subsection (4) or subsection (5), as the case may be, at such rate as shall be specified by the Minister.

    (7) A notice may be given under this section whether or not the company has been formed and registered and whether or not the vesting day has been specified.

    (8) All money paid to the Crown pursuant to this section shall be paid into the Consolidated Account and may, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, be used by the Crown for such purposes as the Crown thinks fit.

    (9) Any securities transferred to the Crown pursuant to this section may, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, be retained, or sold, or otherwise disposed of by the Crown.

    (10) Any amount paid to the Crown on redemption of such securities or on the sale or other disposition of such securities and any interest received in respect of such securities shall be paid into the Consolidated Account and may, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, be used for such purposes as the Crown thinks fit.

    (11) Any money paid to a constituent authority pursuant to this section may, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, be used by that constituent authority for such purposes as it thinks fit.

    (12) Any securities transferred to a constituent authority pursuant to this section may, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, be retained, or sold or otherwise disposed of by that constituent authority.

    (13) Any amount paid on redemption of such securities or on the sale or other disposition of such securities and any interest received in respect of such securities, may, notwithstanding the Civil Aviation Act 1964, any other enactment, rule of law, deed or agreement, be used for such purposes as the constituent authority thinks fit.

    Section 10(4)(b): substituted, on 28 March 1988, by section 4(1) of the Auckland Airport Amendment Act 1988 (1988 No 18).

    Section 10(5)(b): substituted, on 28 March 1988, by section 4(2) of the Auckland Airport Amendment Act 1988 (1988 No 18).

11 Crown and constituent authorities to indemnify Auckland Regional Authority

  • (1) The Crown and the constituent authorities shall indemnify the Auckland Regional Authority for any liability in respect of any assets or liabilities vested in the company under this Act.

    (2) The liability of the Crown under this section shall be 50% and each of the constituent authorities shall be liable according to its shareholding percentage.

    (3) Nothing in subsection (1) shall relieve any person of any liability under a policy of insurance.

    Section 11(2): amended, on 28 March 1988, by section 5 of the Auckland Airport Amendment Act 1988 (1988 No 18).

12 Duty to act in furtherance of objects of this Act

  • (1) The Crown, the Auckland Regional Authority and every constituent authority shall at all times do everything in their power to achieve the objectives of this Act and for that purpose, but without limitation, shall do everything in their power to—

    • (a) preserve all airport assets pending the vesting of those assets in the company:

    • (b) assist in the preparation of any list or lists of airport assets and airport liabilities:

    • (c) enable the company to take possession of airport assets vested in it under this Act:

    • (d) assist in ascertaining the airport reserves and supplying details relating to investments of those reserves:

    • (e) assist in the transfer of employees to the company.

    (2) The Auckland Regional Authority shall not, without the written consent of the Ministers,—

    • (a) dispose of or charge any airport asset; or

    • (b) enter into or grant any lease, licence, concession or other franchise agreement or arrangement of more than 12 months duration relating to an airport asset; or

    • (c) extend the term of any lease, licence, concession or other franchise agreement or arrangement relating to an airport asset for a period exceeding 12 months.

13 Supply of information

  • (1) The Minister of Finance or the Minister for State-Owned Enterprises may, from time to time, require the Auckland Regional Authority or any constituent authority to make available to that Minister information in its possession or over which it has control relating to the assets, liabilities, management or operation of the airport and the Auckland Regional Authority or that constituent authority shall make that information available to the Minister.

    (2) All information required to be made available under this section shall be made available in a form in which it may be readily understood.

    Section 13(1): amended, on 1 February 1998, by section 4 of the Auckland Airport Amendment Act 1996 (1996 No 94).

14 Amendment to Stamp and Cheque Duties Act 1971

  • Amendment(s) incorporated in the Act(s).

15 Amendment to Civil Aviation Act 1964

  • Amendment(s) incorporated in the Act(s).

16 Repeals

  • Amendment(s) incorporated in the Act(s).

Schedule

  • Schedule: substituted, on 28 March 1988, by section 6 of the Auckland Airport Amendment Act 1988 (1988 No 18).

Constituent authoritiesShareholding percentages Contributing percentages
Auckland City Council30.74 32.81
Birkenhead City Council1.22 1.79
Devonport Borough Council1.52 1.81
East Coast Bays City Council3.14 1.89
Ellerslie Borough Council0.80 0.95
Franklin County Council1.72 1.99
Glen Eden Borough Council0.92 0.89
Helensville Borough Council0.08 0.10
Henderson Borough Council0.89 0.80
Howick Borough Council1.69 1.39
Manukau City Council15.62 7.47
Mt Albert City Council3.35 4.50
Mt Eden Borough Council2.51 3.29
Mt Roskill Borough Council4.42 5.75
New Lynn Borough Council0.74 1.63
Newmarket Borough Council0.48 0.83
Northcote Borough Council1.27 1.11
One Tree Hill Borough Council2.17 2.70
Onehunga Borough Council2.33 2.92
Papakura City Council2.31 1.58
Papatoetoe City Council2.70 3.24
Pukekohe Borough Council0.54 0.58
Rodney County Council1.84 3.57
Takapuna City Council7.14 5.94
Tamaki City Council4.48 5.34
Tuakau Borough Council0.10 0.12
Waiheke County Council0.23 0.19
Waitemata City Council4.86 4.68
Waiuku Borough Council0.19 0.14

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 Auckland Airport Act 1987. The reprint incorporates all the amendments to the Act as at 1 July 2003, 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)