Port Companies Act 1988

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  council-controlled organisation means a council-controlled organisation within the meaning of the Local Government Act 2002

  debt security has the same meaning as in the Securities Act 1978

  directorate, in relation to any port company, means the board of directors of the port company

  equity security has the same meaning as in the Securities Act 1978

  Harbour Board means a Harbour Board specified in Schedule 1; and, in relation to any port company, means the Harbour Board in respect of whose port related commercial undertakings the port company is established

  instrument—

  • (a) includes—

    • (i) any instrument of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities, or would do so if it or a copy of it were lodged, filed, or registered under any Act; and

    • (ii) any judgment, order, or process of a court; but

  • (b) does not include any Act of Parliament

  liabilities means liabilities, debts, charges, duties, and obligations of every description (whether present or future, actual or contingent, and whether payable or to be observed or performed in New Zealand or elsewhere)

  Minister means the Minister of Transport

  port company means a company formed and registered under the Companies Act 1955 as a port company in accordance with section 4 (as in force before the commencement of the Company Law Reform (Transitional Provisions) Act 1994)

  port company plan means a plan approved or determined by the Minister under section 22

  port related commercial undertaking, in relation to any Harbour Board,—

  • (a) means the property and rights of the Harbour Board that—

    • (i) relate to the activities of commercial ships and other commercial vessels, and commercial hovercraft and commercial aircraft, or to the operation of facilities on a commercial basis for ships, vessels, hovercraft, and aircraft of any kind; or

    • (ii) facilitate the shipping or unshipping of goods or passengers; and

  • (b) without limiting the generality of paragraph (a), includes—

    • (i) the provision by a Harbour Board of any building or facility wherever situated for use in connection with the handling, packing, or unpacking of goods for shipping or unshipping through any port; and

    • (ii) items such as breakwaters and dredges and other items that, although they may not themselves be revenue producing and may have a number of purposes or uses, are nevertheless related to the operation of the port on a commercial basis; but

  • (c) does not include any undertaking that is a statutory function or duty of the Harbour Board relating to safety or good navigation

  property—

  • (a) means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal; and

  • (b) without limiting the generality of paragraph (a), includes—

    • (i) choses in action and money; and

    • (ii) goodwill; and

    • (iii) rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent, or prospective; and

    • (iv) to the extent specified in the port company plan approved by the Minister under section 22, any right conferred by a designation under an operative district scheme applying to land transferred from the Harbour Board to the port company

  regional council means a regional council within the meaning of the Local Government Act 2002

  rights means all rights, powers, privileges, and immunities, whether actual, contingent, or prospective

  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

  territorial authority means a territorial authority within the meaning of the Local Government Act 2002.

  (2) Every reference in this Act to the expression Harbour Board shall be construed as including a reference to a regional council or a territorial authority to which any property, rights, liabilities, functions, duties, or powers of a Harbour Board have been transferred pursuant to any Order in Council made under section 36 of the Local Government Act 1974.

  Section 2(1) council-controlled organisation: inserted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

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

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

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

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

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

  Section 2(2): added, on 31 August 1990, by section 2(4) of the Port Companies Amendment Act 1990 (1990 No 120).