Ministry of Works and Development Abolition Act 1988

Reprint
as at 1 July 1992

Coat of Arms of New Zealand

Ministry of Works and Development Abolition Act 1988

Public Act1988 No 42
Date of assent31 March 1988
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 State Services Commission.


An Act to provide for matters consequential on the abolition of the Ministry of Works and Development

1 Short Title and commencement
  • (1) This Act may be cited as the Ministry of Works and Development Abolition Act 1988.

    (2) This Act shall come into force on 1 April 1988.

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

    responsible department of State means any department of State which has assumed responsibility for any matter to which any provision in this Act applies

    responsible Minister of the Crown means any Minister of the Crown who has assumed responsibility for any matter to which any provision in this Act applies or, where there is no such Minister, the Minister of State Services.

3 Savings as to existing contracts
  • (1) Where the Minister of Works and Development or any official of the Ministry of Works and Development, in relation to the conduct of the affairs of that Ministry, has entered into any contract (whether on behalf of the Crown or otherwise) all rights and duties of the Minister or official thereunder shall on the commencement of this Act be conferred and imposed on the responsible Minister of the Crown.

    (2) Any reference to the Minister of Works and Development wherever it occurs in any contract entered into by or on behalf of the Minister of Works and Development (whether on behalf of the Crown or otherwise) shall hereafter be read as a reference to the responsible Minister of the Crown.

    (3) Any reference to the Commissioner of Works or to a senior officer of the Ministry of Works and Development wherever they occur in any contract entered into by or on behalf of the Minister of Works and Development (whether on behalf of the Crown or otherwise) shall hereafter be read as a reference to the chief executive of the responsible department of State.

4 Savings as to existing proceedings, applications, and actions
  • (1) Where, before the commencement of this section, the Minister of Works and Development or any officer of the Ministry of Works and Development, in relation to the conduct of the affairs of that Ministry, has—

    • (a) initiated any criminal proceedings; or

    • (b) become a party to any proceedings whatsoever; or

    • (c) become a party to any arbitration, whether an arbitration within the meaning of the Arbitration Act 1908 or not; or

    • (d) made an application to any department of State, local authority, court, tribunal, or any other body pursuant to any Act; or

    • (e) initiated any action under the authority of any statutory provision formerly administered by the Ministry of Works and Development—

    then such action, application, arbitration, or proceedings may be continued, completed, determined and enforced by or against any responsible Minister of the Crown.

    (2) On the commencement of this section all proceedings pending by or against the National Water and Soil Conservation Authority may be carried on, completed, and enforced by or against the Minister for the Environment.

5 Savings as to determination of disputes
  • Where any provision is made in any contract entered into by or on behalf of the Minister of Works and Development (whether on behalf of the Crown or otherwise) whereby the Commissioner of Works is empowered to hear and decide any matters in dispute between the parties, the following provisions shall apply:

    • (a) any dispute may be heard and determined by the chief executive of the responsible department of State:

    • (b) any reference to the chief executive of the responsible department of State shall be deemed to extend to and include any delegate of the chief executive:

    • (c) notwithstanding any Act, rule of law, or provision in a contract to the contrary, the provisions of this section shall not invalidate or render null and void any contract to which they apply, and such contract shall enure for the benefit of and bind the parties to it:

    • (d) where the Commissioner of Works, or any appointee of the Commissioner of Works, has commenced to hear any dispute before the commencement of this Act, the Commissioner or appointee may continue with the hearing and may issue a decision on behalf of the chief executive of the responsible department of State.

6 Savings as to continuance and transfer of consents, etc
  • (1) Except where otherwise provided in this Act, any consent, privilege, grant, permit, or other right howsoever held by the Minister of Works and Development or by any officer of the Ministry of Works and Development in relation to the affairs of that Ministry may be transferred by a responsible Minister of the Crown—

    • (a) in accordance with its terms and conditions; or

    • (b) otherwise to any Minister of the Crown, department of State, or to any other person upon such terms and conditions as the responsible Minister of the Crown in his or her absolute discretion may determine but subject to any statutory provisions in that regard—

    and until transferred every such consent, privilege, grant, permit, or other right shall enure for the benefit of the Crown.

    (2) Any consent, approval, remission, or delegation given or granted by the Commissioner of Works prior to the commencement of this Act shall continue in force until amended, transferred, or revoked by any chief executive of a responsible department of State.

    (3) Every designation of land by the Minister of Works and Development under the Town and Country Planning Act 1977 shall be deemed to have been made by the Minister of the Crown responsible for the public work in respect of which the designation was made.

7 Savings as to various documents
  • (1) Any lease, licence, statutory land charge, mortgage, debenture, instrument by way of security, deed of covenant, deed of encumbrance, easement, profit à prendre, or any other like interest howsoever held by the Minister of Works and Development (whether for and on behalf of the Crown or otherwise) shall forthwith upon the commencement of this Act vest in the Minister of Lands acting for and on behalf of the Crown, who may do all such things and matters in relation to the administration of such interests as may be necessary or expedient.

    (2) Any instrument relating to any interest referred to in subsection (1) may be acted upon by any District Land Registrar, Registrar of Companies, or Registrar of the High Court in relation to any variation, discharge, or other action upon request from the Minister of Lands acting for and on behalf of the Crown.

8 Amendments to local Acts
  • The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule.


Schedule
Enactments amended

s 8

Auckland Metropolitan Drainage Act 1960 (1960 No 15 (L))

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

Auckland Regional Authority Act 1963 (1963 No 18 (L))
Auckland Regional Authority Amendment Act 1973 (1973 No 9 (L))

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

Christchurch District Drainage Act 1951 (1951 No 21 (L))

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

Hutt Valley Drainage Act 1967 (1967 No 3 (L))

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

North Shore Drainage Act 1963 (1963 No 15 (L))

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

Taieri River Improvement Act 1920 (1920 No 20 (L))

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

Wellington Regional Water Board Act 1972 (1972 No 3 (L))

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

Schedule: amended, on 1 July 1992, by section 78 of the Local Government Amendment Act 1992 (1992 No 42).


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 Ministry of Works and Development Abolition Act 1988. The reprint incorporates all the amendments to the Act as at 1 July 1992, 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)
  • Local Government Amendment Act 1992 (1992 No 42): section 78