Waterfront Industry Restructuring Act 1989

2 Interpretation

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

  Authority means the Waterfront Industry Restructuring Authority established by section 4

  expenses, in relation to the calculation of net income in respect of harbour board land, does not include any rates or any grants in lieu of rates paid in respect of that land except to the extent that those rates or grants are no greater than the rates that would have been paid on comparable land that is not harbour board land

  harbour board land—

  • (a) means any land or interest in land that—

    • (i) is or was vested in or held by a harbour board; and

    • (ii) is to be or has been vested in or transferred to a territorial authority or regional council pursuant to any local government reorganisation Order in Council; and

    • (iii) is not to be transferred to a port company pursuant to a port company plan; and

  • (b) includes any land or interest in land vested in or held by the Marlborough Harbour Board that is not to be transferred to Port Marlborough New Zealand Limited pursuant to a port company plan; but

  • (c) does not include any area to which section 150 of the Harbours Act 1950 applies

  local authority means a harbour board, territorial authority, regional council, or united council

  local government reorganisation Order in Council means an Order in Council specified in Schedule 1

  Minister means the Minister of Transport

  net income, in relation to any harbour board land, means the gross income being derived from that land or the gross income that ought reasonably to be able to be derived from that land, less—

  • (a) all reasonable expenses of the local authority in which that land is vested (being expenses directly related to, or that would be directly related to, the derivation of that income); and

  • (b) any land tax payable in respect of that land by the local authority in which that land is vested

  net value, in relation to any port related commercial undertaking, means the price to be paid for that undertaking by a port company, as determined under the Port Companies Act 1988, less any debt securities required to be issued under section 29 of that Act

  port company means a port company referred to in section 4 of the Port Companies Act 1988

  port company plan has the same meaning as in the Port Companies Act 1988

  port company shares or shares—

  • (a) means the equity securities issued by any port company; and

  • (b) includes any advances in lieu of issued share capital as if the advances were issued share capital

  port related commercial undertaking has the same meaning as in the Port Companies Act 1988; and includes any undertaking included in a port company plan under section 22(9) of that Act

  redundancy, in relation to any waterside worker, includes any fringe benefit tax payable by the employer of that worker in relation to any redundancy payment payable to that worker

  shipwright means a worker who, within wharf limits, is engaged in the shoring and unshoring of cargo and hold preparation work, including the handling and placing of dunnage and the lashing and unlashing of cargo; but does not include any waterside worker or seaman engaged in such work

  tally clerk means a worker who, within wharf limits, is engaged in the checking and tallying of cargo and the recording of container movements; but does not include any tolls officer, cargo storeman, or clerical employee employed by a harbour board and engaged in any such work

  value of port company shares, in relation to each port company,—

  • (a) means the amount represented by total shareholders' funds; and

  • (b) includes—

    • (i) any advances in lieu of issued share capital; and

    • (ii) the amount or value of any securities that would, in accordance with generally accepted accountancy principles, be regarded as shareholders' funds.

  (2) Notwithstanding the repeal of the Waterfront Industry Commission Act 1976 (with effect as from the close of 30 September 1989) by section 36 of the Waterfront Industry Reform Act 1989, in this Act, unless the context otherwise requires, the terms waterside worker and waterside work have the same meanings as in the Waterfront Industry Commission Act 1976.