New Zealand Railways Corporation Restructuring Act 1990

Reprint
as at 18 July 2013

Coat of Arms of New Zealand

New Zealand Railways Corporation Restructuring Act 1990

Public Act1990 No 105
Date of assent28 August 1990
Commencement28 August 1990

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 Treasury.


Contents

Title

1 Short Title

2 Interpretation

3 Act to bind the Crown

Part 1
Formation of transferee companies and vesting of railways assets and liabilities

4 Formation of transferee companies

5 Crown shareholding

6 Vesting of railways assets and liabilities

7 Additional provisions relating to vesting of railways assets and railways liabilities

8 Provisions relating to vesting of land

9 Title to land

10 Land certification

11 Designations [Repealed]

12 Ancillary powers to grant leases and other rights to use railways assets

13 Continuity of employment

14 Union coverage [Repealed]

15 Collective employment contracts

16 Contributors to Government Superannuation Fund

17 Application of Income Tax Act 1976 [Repealed]

18 Application of Public Finance Act 1989 [Repealed]

18A Half-yearly reports

19 Application of Ombudsmen Act 1975 and Official Information Act 1982

20 Corporation not to acquire Crown land without consent

21 Application of Public Works Act 1981

22 Interpretation

23 Disposal of affected land by Corporation

24 Disposal of affected land by transferee company or railway operator

25 Disposal of land

25A Subdivision

26 Disposal of former Maori land

27 Sections 21 to 26 not to affect existing rights

28 Exercise of powers under Public Works Act 1981 by Corporation

Part 2
General

29 Authority for railway operators

30 Conflict with New Zealand Railways Corporation Act 1981

31 Application of New Zealand Railways Corporation Act 1981

32 Regulations relating to railway operators

33 Amendment to Land Tax Act 1976

34 Amendments to New Zealand Railways Corporation Act 1981

35 Amendments to other Acts

36 Repeals

37 Savings

Part 3
Maori land claims

38 District Land Registrar to register necessary memorial

39 Resumption of land on recommendation of Waitangi Tribunal

40 Resumption of land to be effected under Public Works Act 1981

Part 4
Amendments to Treaty of Waitangi Act 1975

41 This Part to be read with Treaty of Waitangi Act 1975

42 Functions of Tribunal

43 Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990

Schedule 1
Application of New Zealand Railways Corporation Act 1981 to railway operators

Schedule 2
Amendments to New Zealand Railways Corporation Act 1981

Schedule 3
Other enactments amended

Schedule 4
Enactments repealed

Schedule 5
Modifications of provisions of Public Works Act 1981 applicable to acquisition of land pursuant to recommendation of Waitangi Tribunal


An Act to enable the New Zealand Railways Corporation to be restructured, to provide for the vesting in companies incorporated under the Companies Act 1955 and in the Crown of railways assets and liabilities, to amend the New Zealand Railways Corporation Act 1981, and to provide for related matters

1 Short Title
  • This Act may be cited as the New Zealand Railways Corporation Restructuring Act 1990.

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

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

    Corporation means the New Zealand Railways Corporation as constituted under section 4 of the New Zealand Railways Corporation Act 1981

    Crown transferee company means a transferee company in which all the shares are held by the Ministers or their nominees

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

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

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

    railway operator means a transferee company or other body corporate that is declared by the Governor-General, by Order in Council, to be a railway operator for the purposes of this Act

    railways assets means—

    • (a) assets of the Corporation:

    • (b) assets of a Crown transferee company:

    • (c) assets of the Crown that are—

      • (i) used by the Corporation or a Crown transferee company; or

      • (ii) held for railways purposes

    railways liabilities means—

    • (a) liabilities of the Corporation:

    • (b) liabilities of a Crown transferee company:

    • (c) liabilities of the Crown incurred—

      • (i) in relation to the Corporation or a Crown transferee company; or

      • (ii) for railways purposes

    security has the same meaning as in section 2(1) of the Securities Act 1978; and includes shares

    share means a share of any class issued by a company within the meaning of the Companies Act 1955 or the Companies Act 1993, as the case may be

    transfer day, in relation to a transferee company and to an employee of that company, means the date on which the rights and liabilities arising under the contract of service of that employee vest in the transferee company pursuant to section 6

    transferee company means a company formed and registered under section 4 (including a company formed and registered under that section as in force before the commencement of the Company Law Reform (Transitional Provisions) Act 1994), whether or not at any particular time any or all of the shares in its capital are held by the Ministers.

    (2) Terms or expressions that are not defined in this Act, but that are defined in the New Zealand Railways Corporation Act 1981, have the meanings given to them by that Act.

    (3) [Repealed]

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

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

    Section 2(3): repealed, on 15 May 1991, by section 165 of the Employment Contracts Act 1991 (1991 No 22).

3 Act to bind the Crown
  • This Act binds the Crown.

Part 1
Formation of transferee companies and vesting of railways assets and liabilities

4 Formation of transferee companies
  • (1) Notwithstanding the New Zealand Railways Corporation Act 1981 or any other Act, or rule of law, the Ministers may, from time to time, for the purposes of this Act, form and register under the Companies Act 1993, 1 or more companies in which the liability of the shareholders is limited, that, or each of which,—

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

    • (b) has a constitution in such form as the Ministers may determine.

    (2) The Ministers may acquire shares in a transferee company to be issued on its incorporation.

    (3) The Ministers may, from time to time subscribe for or acquire shares issued by a transferee company.

    (4) The constitution of a transferee company shall be laid before the House of Representatives by the Minister for State Owned Enterprises within 12 sitting days after the incorporation of the company.

    (5) All money required to be paid by the Ministers on subscribing for, or acquiring, securities of a transferee company shall be paid out of a Crown Bank Account from money appropriated by Parliament for the purpose.

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

    Section 4(5): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

5 Crown shareholding
  • (1) Securities of a transferee company that are registered in the name of a person described as the Minister of Finance or the Minister for State Owned Enterprises shall be held by the person for the time being holding the office of the Minister of Finance or the Minister for State Owned Enterprises, as the case may be.

    (2) Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities of a transferee company consequent upon a change in the person holding office as the Minister of Finance or the Minister for State Owned Enterprises, as the case may be.

    (3) Each Minister may exercise all the rights and powers attaching to the securities of a transferee company held by that Minister.

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

    (2) Every list shall,—

    • (a) except in the case of contracts of service, contain a description of each asset and liability, either individually or as a group or class and, for the purposes of this paragraph, a class of railways assets or railways liabilities may comprise all or any of the railways assets or railways liabilities for the time being of the Corporation or the Crown or of a Crown transferee company; and

    • (b) in the case of contracts of service, identify either individually or as a group or class, those contracts that are to be vested in the Crown or in a Crown transferee company; and

    • (c) except in the case of contracts of service, state the value attributed by the Ministers to each asset and liability, either individually or as a group or class; and

    • (d) if the assets or liabilities are to be vested in the Crown, state that fact, or, if the assets or liabilities are to be vested in a Crown transferee company, state the name of the company; and

    • (e) be signed by the Ministers; and

    • (f) 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 Crown or in a Crown transferee company named in the order, on a date specified in the order, the railways assets and railways 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) that vests railways assets or railways liabilities in a Crown transferee company shall—

    • (a) specify the kind, number, nominal value or consideration for the issue, and terms of the shares, if any, that shall be issued by the transferee company consequent upon the vesting in it of the railways assets and railways liabilities referred to in the order; and

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

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

    (5) If the Crown transferee company is registered under the Companies Act 1955 and is a public company, it shall, on the date specified in the Order in Council, issue to the Ministers in equal proportions, paid up to the extent specified in the order, shares of such kind, number, nominal value and terms as are specified in the order.

    (5A) If the Crown transferee company is registered under the Companies Act 1955 and is a private company, the Ministers and their nominees shall, on the date specified in the Order in Council, resolve to increase the capital of the company to the amount specified in the order and shall subscribe for shares of the kind, number, nominal value, and terms as may be specified in the order, which shall be deemed to be paid up to the extent specified in the order.

    (5B) If the Crown transferee company is a company registered under the Companies Act 1993, the board of the company shall, on the date specified in the Order in Council, issue to the Ministers in equal proportions, credited as paid up to the extent specified in the order, shares of such kind, number, terms, and for such consideration as are specified in the order.

    (5C) On the date specified in the Order in Council, the Crown transferee company shall issue to the Minister of Finance debt securities of such kind, number, nominal value, and terms as are specified in the order.

    (6) Nothing in subsections (1)(b) and (2) of section 60 of the Companies Act 1955 shall apply in respect of shares issued pursuant to subsection (5) or subsection (5A) of this Act.

    (7) Nothing in this section prevents railways assets or railways liabilities vesting in a Crown transferee company for a consideration other than the issue of equity securities or debt securities.

    (8) Assets that have been fixed to, or placed under or over, any land may vest in the Crown or in a Crown transferee company under this Act notwithstanding that no interest in the land also vests in the Crown or in the Crown transferee company, as the case may be, under this Act, and in any such case—

    • (a) the assets and the land shall be regarded as separate assets each capable of separate ownership; and

    • (b) the assets shall for the purposes of this Act and, in particular, sections 38, 39, and 40 of this Act and of every other enactment or rule of law, be treated as personal property, and not as land or an interest in land, notwithstanding that they are so affixed to, or under or over, land.

    (9) Where, pursuant to an Order in Council under this section, railways assets of the Corporation are vested in the Crown or in any Crown transferee company and the aggregate value of those assets exceeds the aggregate value of railways liabilities of the Corporation vested in the Crown or any Crown transferee company pursuant to that order the Crown shall indemnify the Corporation to the extent of that excess.

    (10) Nothing in this section authorises the making of an Order in Council in relation to the vesting of railways liabilities that arise under an agreement that is governed by the law of a country other than New Zealand.

    Compare: 1987 No 195 s 6

    Section 6(4)(a): amended, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 6(5): substituted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 6(5A): inserted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 6(5B): inserted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 6(5C): inserted, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

    Section 6(6): amended, on 1 July 1994, by section 2 of the Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).

7 Additional provisions relating to vesting of railways assets and railways liabilities
  • (1) Nothing effected or authorised by this Act—

    • (a) shall be regarded as placing the Crown, the Corporation, or any other person in breach of, or default under, any contract, or in breach of 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—

      • (i) terminate or cancel or modify a contract or an agreement; or

      • (ii) enforce or accelerate the performance of an obligation; or

      • (iii) require the performance of an obligation not otherwise arising for performance:

    • (c) shall be regarded as placing the Crown, the Corporation, 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:

    • (d) shall release any surety from any obligation:

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

    (2) Where a railways asset or a railways liability that is an asset or liability of the Crown or the Corporation vests in a Crown transferee company under this Act,—

    • (a) the Crown or the Corporation, 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 Crown transferee company shall indemnify the Crown or the Corporation, as the case may be, in respect of any liability arising under this subsection:

    • (b) satisfaction or performance by the Crown transferee company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown or the Corporation, as the case may be:

    • (c) satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Crown transferee company shall be deemed to be also to the benefit of the Crown or the Corporation, 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 vesting pursuant to this Act of railways assets or railways liabilities in the Crown or in a Crown transferee company shall take effect notwithstanding any enactment, or rule of law, or agreement and, in particular, but without limitation, the vesting pursuant to this Act of any land in the Crown or in a Crown transferee company shall take effect notwithstanding any provision contained in the Land Act 1948, the Reserves Act 1977, the Public Works Act 1981, or any other Act relating to land.

    (5) Nothing in subsection (4) limits or affects the Conservation Act 1987.

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

    (7) Land that vests in the Crown or in a Crown transferee company pursuant to this Act vests in the Crown or that Crown transferee company, as the case may be, 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 Crown or the Crown transferee company.

    Compare: 1987 No 195 s 7

8 Provisions relating to vesting of land
  • Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948, any lands of the Crown, and any lands of the Corporation or a Crown transferee company, other than land registered under the Land Transfer Act 1952, that are to be vested in the Crown or a Crown transferee company pursuant to this Act, shall—

    • (a) be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and

    • (b) as so identified, vest in the Crown or the Crown transferee company pursuant to and on a date specified in the Order in Council made under section 6.

    Compare: 1986 No 124 s 24; 1987 No 117 s 7

9 Title to land
  • (1) A District Land Registrar shall, on written application by any person authorised by either of the Ministers and on payment of the prescribed fee,—

    • (a) register a Crown transferee company as the proprietor, in substitution for the Crown, or the Corporation or a Crown transferee company, of the estate or the interest of the Crown or the Corporation or a Crown transferee company in any land that is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and that is vested in the Crown transferee company pursuant to this Act; and

    • (b) make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.

    (2) The powers conferred by subsection (1) may be exercised in respect of any estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or been determined.

    (3) A District Land Registrar shall, on written application by any person authorised by either of the Ministers, and on payment of the prescribed fee, issue a certificate of title for land to which section 8 applies that is vested in a Crown transferee company pursuant to this Act in form 1 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate.

    (4) A District Land Registrar shall, on written application by a person authorised by either of the Ministers, issue a certificate of title for land that is subject to the Land Transfer Act 1952 but for which no certificate of title has been issued and that is vested in a Crown transferee company pursuant to this Act, in form 2 of Schedule 1 of the Land Transfer Act 1952, amended as appropriate.

    (5) Every application under this section shall—

    • (a) specify the name of the Crown transferee company; and

    • (b) specify the Order in Council under which the land is vested; and

    • (c) contain a description of the land that is sufficient to identify it; and

    • (d) in the case of an application under subsection (3), be accompanied by a certificate by the Chief Surveyor for the district concerned as to the correctness of the description.

    Compare: 1986 No 124 s 26; 1989 No 57 s 2

10 Land certification
  • (1) Before a District Land Registrar issues a certificate of title in respect of any land to which section 8 applies that is vested in a Crown transferee company pursuant to this Act the District Land Registrar shall either receive under the hand of, or request from, the Director-General within the meaning of section 2 of the Survey Act 1986 or any Chief Surveyor a certificate in a form substantially similar to the form set out in Schedule 2 of the Land Act 1948 as to the legal description of the land, any trusts, reservations, or restrictions affecting the land, and any other matters that the District Land Registrar considers appropriate.

    (2) A certificate in accordance with subsection (1) shall be filed by the District Land Registrar in the Land Registry Office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in it.

    Compare: 1986 No 124 s 26; 1987 No 117 s 8; 1989 No 57 s 3

    Section 10(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

11 Designations
  • [Repealed]

    Section 11: repealed, on 23 July 1993, by section 2 of the New Zealand Railways Corporation Restructuring Amendment Act 1993 (1993 No 79).

12 Ancillary powers to grant leases and other rights to use railways assets
  • (1) The Ministers or the Corporation, as the case may be, may grant to a transferee company or a railway operator leases, licences, easements, and permits or rights of any kind in respect of railways assets owned by the Crown or the Corporation for such consideration and on such terms and conditions as the Ministers or the Corporation, as the case may be, may agree with the transferee company or railway operator.

    (2) [Repealed]

    (3) Section 11(1) of the Resource Management Act 1991 does not apply in respect of the granting of a lease to a railway operator under subsection (1) unless the land in respect of which the lease is granted is used, or is intended to be used, solely or principally for car parking, or for administration or residential purposes, or for any purpose that is not connected with the operation of a railway.

    Section 12(2): repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 12(3): added, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

13 Continuity of employment
  • Where the rights and liabilities arising under a contract of service between a worker and the Corporation or between a worker and a Crown transferee company are vested in a Crown transferee company pursuant to this Act—

    • (a) for the purposes of every enactment or rule of law, every collective employment contract, and every contract of service, the contract of service of that worker shall be deemed to have been unbroken and any period of service with the Corporation or the Crown transferee company, as the case may be, shall be deemed to have been a period of service with the Crown transferee company by whom the worker is employed:

    • (b) the worker is not entitled to receive any payment or other benefit by reason only of that worker ceasing to be employed by the Corporation or the Crown transferee company and being employed by the Crown transferee company in which those rights and liabilities are vested.

    Section 13(a): amended, on 15 May 1991, by section 166 of the Employment Contracts Act 1991 (1991 No 22).

14 Union coverage

[Repealed]

  • [Repealed]

    Section 14: repealed, on 15 May 1991, by section 167 of the Employment Contracts Act 1991 (1991 No 22).

15 Collective employment contracts
  • (1) Every collective employment contract that, immediately before a transfer day, applies to any workers employed by the Corporation whose contracts of service are vested in a transferee company pursuant to this Act, shall, on and after that day and while it continues in force, be deemed to apply to those workers as if the collective employment contract had been made between the workers and the transferee company.

    (2) Where, pursuant to subsection (1), a collective employment contract is deemed to apply to any worker employed by a transferee company, that transferee company shall be deemed to be a party to the collective employment contract.

    Section 15: substituted, on 15 May 1991, by section 168 of the Employment Contracts Act 1991 (1991 No 22).

16 Contributors to Government Superannuation Fund
  • (1) Any person employed by a transferee company who, immediately before the transfer day, was employed by the Corporation or another transferee company and was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues in the service of the company and the Government Superannuation Fund Act 1956 shall apply to that person in all respects as if the service with the transferee company were Government service.

    (2) Subject to the Government Superannuation Fund Act 1956, nothing in subsection (1) shall entitle any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.

    (3) For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subsection (1), to a person who is in the service of a transferee company and is a contributor to the Government Superannuation Fund the term controlling authority, in relation to that person, means that company.

17 Application of Income Tax Act 1976
  • [Repealed]

    Section 17: repealed, on 1 April 1995 (applying with respect to the tax on income derived in 1995–96 and subsequent income years), by section YB 3(1) of the Income Tax Act 1994 (1994 No 164).

18 Application of Public Finance Act 1989
  • [Repealed]

    Section 18: repealed, on 18 July 2013, by section 57 of the Public Finance Amendment Act 2013 (2013 No 50).

18A Half-yearly reports
  • (1) Within 2 months after the end of the first half of each financial year of every transferee company in which the Crown holds 50% or more of the issued ordinary shares, the board of the company shall deliver to Ministers a report of its operations during that half-year.

    (2) Each report required by this section shall include the information required by the statement of intent to be included therein.

    Section 18A: inserted, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

19 Application of Ombudsmen Act 1975 and Official Information Act 1982
  • (1) Every transferee company in which the Crown holds 50% or more of the ordinary shares shall be deemed to be—

    • (a) a person named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and

    • (b) a person named in Schedule 1 of the Official Information Act 1982; and

    • (c) [Repealed]

    (2) For the purposes of this section, a date specified by the Governor-General, by Order in Council, as the date on which the Crown ceased to hold 50% or more of the ordinary shares in a transferee company shall be taken to be the date on which the Crown ceased to hold those shares.

    Section 19(1)(b): amended, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

    Section 19(1)(c): repealed, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

    Section 19(2): 1 October 1993 specified as the date on which the Crown ceased to hold 50% or more of the ordinary shares in New Zealand Rail Limited, on 20 October 1993, by the New Zealand Railways Corporation Restructuring Order 1993 (SR 1993/350).

20 Corporation not to acquire Crown land without consent
  • The Corporation shall not, without the prior consent of the Ministers, exercise the powers conferred on it—

    • (a) by section 24(b) of the New Zealand Railways Corporation Act 1981, to acquire in its own name without further payment any property vested in or held or occupied by the Crown for railways purposes; or

    • (b) by section 32(1) of the New Zealand Railways Corporation Act 1981, to request a District Land Registrar to issue a certificate of title in the name of the Corporation for land vested in the Crown for railways purposes.

21 Application of Public Works Act 1981
  • Notwithstanding section 30 of the New Zealand Railways Corporation Act 1981, nothing in sections 40 to 42 of the Public Works Act 1981 applies to—

    • (a) land that is held or occupied by the Crown for railway purposes:

    • (b) land that is held by the Corporation, or by a transferee company, or by a railway operator.

22 Interpretation
  • For the purposes of this section and sections 23, 24, and 26,—

    affected land means—

    • (a) land held under the Public Works Act 1981 by the Crown or the Corporation for a public work, other than land acquired after 31 January 1982 and before 31 March 1987 (being the date of commencement of the Public Works Amendment Act (No 2) 1987) for a public work that was not an essential work, and which is held by the Corporation, or by the Crown, for railways purposes; or

    • (b) land that has been vested in a Crown transferee company pursuant to section 6 or sold to a railway operator by the Corporation, as the case may be, that—

      • (i) has at all times since being so vested or sold been held by a transferee company or a railway operator; and

      • (ii) before being so vested in the Crown transferee company or sold to the railway operator, was held under the Public Works Act 1981 by the Crown or the Corporation for a public work, other than land acquired after 31 January 1982 and before 31 March 1987 (being the date of the commencement of the Public Works Amendment Act (No 2) 1987) for a public work that was not an essential work

    local authority has the same meaning as in section 2 of the Public Works Act 1981

    public work has the same meaning as in section 2 of the Public Works Act 1981

    successor, in relation to any person, means the person who would have been entitled to the land under the will or intestacy of that person had he or she owned the land at the date of his or her death; and, in any case where part of a person's land was acquired or taken, includes the successor in title of that person.

23 Disposal of affected land by Corporation
  • (1) Where the Corporation proposes to sell any affected land to a person other than a railway operator, it shall offer to sell the land by private contract to the person from whom it was acquired by the Crown or the Corporation, or to the successor of that person, at the current market value of the land determined by a valuation carried out by a registered valuer appointed by the Corporation unless—

    • (a) the Corporation considers that it would be impracticable, unreasonable, or unfair to do so; or

    • (b) there has been a significant change in the character of the land for the purposes of, or in connection with, the public work or other activities for which it was acquired or is held; or

    • (c) the person from whom it was acquired, or the successor of that person, was, or is, a local authority.

    (2) The person to whom an offer is made may, within 20 working days after receipt of the offer, give notice to the Corporation that that person requires the current market value of the land to be determined by the Land Valuation Tribunal and the Corporation shall, on receipt of the notice, refer the matter to that Tribunal for determination.

    (3) If—

    • (a) an offer under subsection (1) is not accepted within 40 working days after the making of the offer or, if an application is made to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal, whichever is later, and the parties have not agreed on other terms for the sale of the land; or

    • (b) paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) applies to the land,—

    the Corporation may sell or otherwise dispose of the land to any person on such terms and conditions as it thinks fit.

    (4) Notwithstanding anything in this section, where the Corporation believes on reasonable grounds that, because of the size, shape, or situation of the land it could not expect to sell the land to any person who did not own land adjacent to the land to be sold, the land may be sold to an owner of adjacent land at a price negotiated between the parties.

24 Disposal of affected land by transferee company or railway operator
  • (1) Where a transferee company or a railway operator proposes to sell any affected land to a person other than a railway operator, it shall give notice to the Director-General within the meaning of section 2 of the Survey Act 1986 of its desire to sell that land.

    (2) The Director-General shall, within 20 working days, or such further time as he or she considers on reasonable grounds is required to make the determination, determine—

    • (a) whether it would be impracticable, unreasonable, or unfair to require the land to be offered for sale to the person from whom it was acquired or that person's successor; or

    • (b) whether there has been a significant change in the character of the land for the purposes of, or in connection with, a railway—

    and shall notify the transferee company or railway operator in writing of that determination.

    (3) The Director-General shall give notice in writing to the transferee company or railway operator of the period of any extension under subsection (2) and shall state in the notice the reasons for the extension.

    (4) Unless the Director-General gives notice to the transferee company or railway operator that he or she has determined that—

    • (a) it would be impracticable or unreasonable or unfair to do so; or

    • (b) there has been a significant change in the character of the land for the purposes of, or in connection with, a railway,—

    the transferee company or railway operator shall offer to sell the land by private contract to the person from whom it was acquired by the Crown or the Corporation, or to the successor of that person, at the current market value of the land as determined by a valuation carried out by a registered valuer appointed by the transferee company or railway operator.

    (5) The person to whom an offer is made may, within 20 working days after receipt of the offer, give notice in writing to the transferee company or railway operator that that person requires the current market value of the land to be determined by the Land Valuation Tribunal and the transferee company or railway operator, as the case may be, shall, on receipt of the notice, refer the matter to that Tribunal for determination.

    (6) If—

    • (a) an offer made under subsection (4) is not accepted within 40 working days after the making of the offer, or if an application has been made to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal, whichever is later, and the parties have not agreed on other terms for the sale of the land; or

    • (b) the Director-General gives notice to the transferee company or railway operator under subsection (4)(a) or subsection (4)(b);—

    the transferee company or the railway operator may sell or otherwise dispose of the land to any person on such terms and conditions as it thinks fit.

    (7) Nothing in this section applies—

    • (a) in relation to affected land that was acquired from a local authority; or

    • (b) in a case where the successor of the person from whom any affected land was acquired is a local authority.

    (8) Nothing in this section applies where the chief executive of Land Information New Zealand gives notice in writing to the transferee company or railway operator that he or she believes on reasonable grounds that the land could not be sold to a person who did not own land adjacent to the land to be sold. In any such case the land may be sold to an owner of adjacent land at a price negotiated between the parties.

    Section 24(1): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

    Section 24(8): amended, on 1 July 1996, pursuant to section 4(a) of the Survey Amendment Act 1996 (1996 No 55).

25 Disposal of land
  • (1) Any land disposed of under section 23 or section 24 may be transferred by a memorandum of transfer under the Land Transfer Act 1952.

    (2) Any such memorandum of transfer may contain a recital that the land being transferred shall be amalgamated with any other land in an existing certificate of title; and that recital shall be sufficient authority to the District Land Registrar to amend such certificate of title accordingly, without fee.

    (3) On such amendment the land transferred shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the certificate of title.

    (4) Within 1 month after the registration of the memorandum of transfer, the transferor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the transferee.

25A Subdivision
  • (1) Subject to the provisions of this section, section 11 and Part 10 of the Resource Management Act 1991 shall not apply to any subdivision undertaken by the Corporation, transferee company, or a railway operator to give effect to a transfer or disposal of land pursuant to section 23 or section 24 or section 26, if that transfer or disposal (of all or part of an allotment) is to an owner of adjoining land.

    (2) Every transfer or other disposition to which subsection (1) applies, shall be deemed to be subject to a condition that—

    • (a) the land being transferred or disposed of shall be held in one certificate of title with the owner's adjoining land; or

    • (b) where subsection (4) applies, a covenant shall be entered into between the owner of the adjoining land and the territorial authority that the land being transferred or disposed of shall not, otherwise than in accordance with a subdivision consent under the Resource Management Act 1991, be transferred, leased, or otherwise disposed of except in conjunction with the owner's adjoining land.

    (3) The Corporation, transferee company, or the railway operator (as the case may be) shall consult with the District Land Registrar as to the practicality of a condition of a kind referred to in subsection (2)(a).

    (4) If the District Land Registrar advises the Corporation, transferee company, or railway operator (as the case may be) that a condition of a kind referred to in subsection (2)(a) is not practical, then any transfer or disposal of land to which subsection (1) applies shall be deemed to be subject to a condition of a kind referred to in subsection (2)(b).

    (5) Every condition of a kind referred to in subsection (2)(a) or (b) shall be endorsed on the survey plan giving effect to the subdivision to which subsection (1) applies, and the District Land Registrar shall not deposit that survey plan unless—

    • (a) he or she is satisfied that any condition of the kind referred to in subsection (2)(a) has been complied with as fully as may be possible in the office of the Registrar; or

    • (b) a covenant of a kind referred to in subsection (2)(b) has been lodged for registration.

    (6) Where a condition of a kind referred to in subsection (2)(a) has been complied with—

    • (a) the separate parcels of land included in the certificate of title in accordance with the condition shall not be capable of being disposed of individually or being held under separate certificates of title, otherwise than in accordance with a subdivision consent under the Resource Management Act 1991; and

    • (b) on the issue of a certificate of title, the District Land Registrar shall enter on the certificate of title a memorandum that the land is subject to this subsection.

    (7) Every covenant of a kind referred to in subsection (2)(b) shall be in writing, be signed by the owner of the adjoining land, have affixed to it the common seal of the territorial authority, and be deemed—

    • (a) to be an instrument capable of registration under the Land Transfer Act 1952, and, when so registered, to create in favour of the territorial authority an interest in the land, in respect of which it is registered, within the meaning of section 62 of that Act; and

    • (b) to run with the land and bind subsequent owners.

    (8) The territorial authority may at any time, after a survey plan giving effect to a subdivision to which subsection (1) applies has been deposited in the Land Registry Office, cancel in whole or in part—

    • (a) any condition of a kind referred to in subsection (2)(a); or

    • (b) any covenant of a kind referred to in subsection (2)(b).

    (9) Where a territorial authority cancels, in whole or in part, a condition or covenant in accordance with subsection (8), the territorial authority shall forward an authenticated copy of the resolution of the territorial authority cancelling or partially cancelling that condition or covenant to the District Land Registrar, who shall note the records accordingly.

    (10) Where—

    • (a) for the purpose of complying with conditions of a kind referred to in subsection (2)—

      • (i) a covenant of a kind referred to in subsection (2)(b) is registered in accordance with this section; or

      • (ii) the land being transferred or disposed of is amalgamated in one certificate of title with adjoining land in accordance with this section; and

    • (b) the adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation of purchase is lawfully conferred or imposed; and

    • (c) that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of subsection (5) or subsection (6)—

    the land being transferred or disposed of shall be deemed to be and always to have been part of the adjoining land that is subject to that instrument; and all rights and obligations in respect of, and encumbrances on, that adjoining land shall be deemed also to be rights and obligations in respect of or encumbrances on, the land being transferred or disposed of; and the District Land Registrar shall enter upon all relevant certificates of title a memorandum to the effect that the land therein is subject to this subsection.

    (11) Where any instrument to which subsection (10) applies is a mortgage, charge, or lien, it shall be deemed to have priority over any mortgage, charge, or lien against the land being transferred or disposed of which is registered subsequent to the issue of the certificate of title pursuant to subsections (5) and (6), or the registration of the covenant entered into pursuant to subsections (5) and (7), as the case may be; and the District Land Registrar shall enter upon all relevant certificates of title a memorandum to the effect that the land therein is subject to this subsection.

    (12) For the purposes of this section—

    allotment has the same meaning as in section 218 of the Resource Management Act 1991

    amalgamated means amalgamated pursuant to a condition under subsection (3)

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

    Section 25A: inserted, on 23 July 1993, by section 3 of the New Zealand Railways Corporation Restructuring Amendment Act 1993 (1993 No 79).

    Section 25A(12) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

26 Disposal of former Maori land
  • Where any affected land was, immediately before it became affected land,—

    • (a) Maori freehold land or general land owned by Maori (as those terms are defined in section 2 of the Maori Affairs Act 1953); and

    • (b) beneficially owned by more than 4 persons; and

    • (c) not vested in any trustee or trustees—

    the Corporation or the transferee company, or railway operator, as the case may be, may, instead of making an offer under section 23 or section 24 , as the case may be, apply to the Maori Land Court for the district in which the land is situated for an order under section 436 of the Maori Affairs Act 1953 as if it were an authority for the purposes of that section.

27 Sections 21 to 26 not to affect existing rights
  • Nothing in sections 21 to 26 affects—

    • (a) the application of sections 40 to 42 of the Public Works Act 1981 to any land which has been the subject of an offer under section 40(2) or section 40(4) of the Public Works Act 1981, or of an application under section 41(e) of that Act, prior to the commencement of this Act; or

    • (b) the determination of any issue relating to the existence of an obligation or entitlement under sections 40 to 42 of the Public Works Act 1981 arising in proceedings commenced before 22 March 1990; or

    • (c) the application of sections 40 to 42 of the Public Works Act 1981 in any case where it has been determined in proceedings commenced before 22 March 1990 that section 40(1) of that Act applied to any land before that date.

28 Exercise of powers under Public Works Act 1981 by Corporation
  • Without limiting section 30 of the New Zealand Railways Corporation Act 1981 (as enacted by section 2 of the New Zealand Railways Corporation Amendment Act 1988) the discharge of a duty or the exercise of a power, whether before or after the commencement of this Act, imposed or conferred by the Public Works Act 1981 shall not be treated as invalid by reason only that the duty was discharged or the power was exercised by the Corporation.

Part 2
General

29 Authority for railway operators
  • Railway operations carried on by a railway operator shall be deemed for the purposes of the law of nuisance to be authorised by Act of Parliament.

30 Conflict with New Zealand Railways Corporation Act 1981
  • (1) Nothing in the New Zealand Railways Corporation Act 1981 shall be construed as limiting or derogating from any provision contained in this Act and the powers conferred by this Act, and in particular the power to vest railways assets and railways liabilities conferred by section 6 of this Act, may be exercised notwithstanding anything contained in that Act.

    (2) Without limiting subsection (1), nothing in section 12 of the New Zealand Railways Corporation Act 1981 shall be construed as imposing an obligation on the Corporation to perform the functions specified in that section.

31 Application of New Zealand Railways Corporation Act 1981
32 Regulations relating to railway operators
  • (1) Regulations may, on the recommendation of the Minister, be made under section 110 of the New Zealand Railways Corporation Act 1981 applying to railway operators and to railways and other services operated by railway operators.

    (2) The Governor-General may, by Order in Council, on the recommendation of the Minister, declare that regulations made pursuant to section 110 of the New Zealand Railways Corporation Act 1981 that do not apply to railway operators shall apply, subject to such modifications as may be specified in the order, to railway operators or any class of railway operator and the regulations shall apply accordingly as if the making of the regulations applying to railway operators or that class of railway operator was authorised by that section.

    (3) The Minister shall not make a recommendation under subsection (1) or subsection (2) unless the Minister has consulted with all railway operators who, in the Minister's opinion, are likely to be affected by the proposed regulations or by regulations made under section 110 of the New Zealand Railways Corporation Act 1981 applying to them, as the case may be, and those persons have a reasonable opportunity to make submissions to the Minister.

    (4) The failure to comply with the requirements of subsection (3) shall not invalidate any regulations or Order in Council made under this section.

33 Amendment to Land Tax Act 1976
  • (1) Amendment(s) incorporated in the Act(s).

    (2) This section shall apply with respect to land tax for the year of payment commencing on 1 April 1990 and for every subsequent year.

34 Amendments to New Zealand Railways Corporation Act 1981
35 Amendments to other Acts
  • The enactments specified in Schedule 3 are hereby amended in the manner indicated in that schedule.

36 Repeals
  • The enactments specified in Schedule 4 are hereby repealed.

37 Savings
  • (1) The repeal by section 36 of this Act of the New Zealand Railways Corporation Amendment Act 1987 does not affect the amendments to the New Zealand Railways Corporation Act 1981 made by section 3 of that Act.

    (2) The repeal by section 36 of this Act of the New Zealand Railways Corporation Amendment Act (No 2) 1987 does not affect the provisions of section 10 of that Act.

Part 3
Maori land claims

38 District Land Registrar to register necessary memorial
  • (1) Where land owned by the Crown or an interest owned by the Crown in land is vested in a Crown transferee company under section 6, the District Land Registrar shall, without fee, note on the certificate of title the words Subject to section 39 of the New Zealand Railways Corporation Restructuring Act 1990 (which provides for the resumption of land on the recommendation of the Waitangi Tribunal and does not provide for third parties, such as the owner of the land, to be heard in relation to the making of any such recommendation).

    (2) Subsection (1) shall not apply in relation to any piece of land or interest in land that is excluded from section 39 by subsection (2) or subsection (3) of that section.

    Compare: 1986 No 124 s 27A; 1988 No 105 s 10

39 Resumption of land on recommendation of Waitangi Tribunal
  • (1) Where the Waitangi Tribunal has, under section 8A(2)(a) of the Treaty of Waitangi Act 1975 (as applied by section 8HJ of that Act), recommended the return to Maori ownership of any land or interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of this Act, was, land owned by the Crown or an interest owned by the Crown in land, as the case may be, that land or interest in land shall, if the recommendation has been confirmed with or without modifications under section 8B of that Act (as so applied) be resumed by the Crown in accordance with section 40 of this Act and returned to Maori ownership.

    (2) This section shall not apply in relation to any piece of land that, at the date of its vesting in a Crown transferee company under section 6, was subject to—

    • (a) a deferred payment licence issued under the Land Act 1948; or

    • (b) a lease under which the lessee had the right of acquiring the fee simple.

    (3) This section shall not apply in relation to any piece of land or interest in land in respect of which a certificate issued under section 8E(1) of the Treaty of Waitangi Act 1975 (as so applied) has been registered.

    (4) Subject to subsection (5), this section shall not apply in relation to land or an interest in land that is for the time being held by a railway operator and used for the purposes of a railway.

    (5) Where land or an interest in land in relation to which the Waitangi Tribunal has made a recommendation for the return to Maori ownership—

    • (a) ceases to be held by a railway operator; or

    • (b) ceases to be used by a railway operator for the purposes of a railway—

    the land or interest in land shall be resumed by the Crown and returned to Maori ownership as soon as practicable after it ceases to be so held or used.

40 Resumption of land to be effected under Public Works Act 1981
  • (1) Where section 39 requires any land or interest in land to be resumed by the Crown, the Minister of Lands shall acquire that land or interest in land under Part 2 of the Public Works Act 1981 as if it were land or an interest in land required for both a Government work and a public work and Parts 2, 4, 5, 6, and 7 of that Act and Schedules 1, 3, 4, and 5 of that Act shall, subject to the modifications set out in Schedule 5 of this Act and to all other necessary modifications, apply accordingly.

    (2) The existence on the certificate of title to any land or interest in land acquired pursuant to subsection (1) of a memorial under section 38 shall not be taken into account in any assessment of compensation made under the Public Works Act 1981 in relation to the acquisition of that land or interest in land.

    (3) The power conferred by this section does not include the power to acquire or take and to hold under section 28 of the Public Works Act 1981 any interest in land described in section 8A(6) of the Treaty of Waitangi Act 1975 (as applied by section 8HJ of that Act).

Part 4
Amendments to Treaty of Waitangi Act 1975

41 This Part to be read with Treaty of Waitangi Act 1975
  • This Part shall be read together with and deemed part of the Treaty of Waitangi Act 1975 (in this Part referred to as the principal Act).

42 Functions of Tribunal
  • Amendment(s) incorporated in the Act(s).

43 Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990
  • Amendment(s) incorporated in the Act(s).


Schedule 1
Application of New Zealand Railways Corporation Act 1981 to railway operators

s 31

  • 1 Sections 115, and 116 of the New Zealand Railways Corporation Act 1981 shall apply to a railway operator and to every railway or service operated by a railway operator in the same way as they apply in relation to the Corporation and to the Corporation railway. Notwithstanding the foregoing provisions of this clause, nothing in paragraphs (f) to (l) of subsection (1) of section 115 of the New Zealand Railways Corporation Act 1981 shall apply in relation to a railway operator that is not a Crown transferee company.

    Schedule 1 clause 1: amended, on 1 April 1993, by section 28(1) of the Railway Safety and Corridor Management Act 1992 (1992 No 111).

  • 2 Section 35(4) of the New Zealand Railways Corporation Act 1981 shall apply in relation to every railway operator in the same way as it applies in relation to the Corporation but as if the words as provided in this section were omitted.

  • 3 The powers conferred on the Minister or the Corporation in relation to the Corporation or the Corporation railway or a proposed railway under sections 30(1) and (2), 44, and 119 of the New Zealand Railways Corporation Act 1981 may be exercised by the Minister or the Corporation, as the case may be, in relation to, or for the purposes of, any railway operator or railway operated, or proposed railway to be operated, by a railway operator.

4(a)The powers conferred on the Corporation by sections 31, 52, and 58 of the New Zealand Railways Corporation Act 1981 may, with the prior written consent of the Minister of Railways, which may be given either generally or in specific cases, be exercised by a railway operator in relation to any railway operated, or proposed railway to be operated, by that railway operator. The provisions of section 52(3) of that Act, in particular, shall apply in relation to that railway.
 (b)Without limiting paragraph (a), section 58 of the New Zealand Railways Corporation Act 1981 shall apply in relation to a railway operated, or proposed railway to be operated, by a railway operator in the same way as it applies to the Corporation railway.
  • 5 Section 56 of the New Zealand Railways Corporation Act 1981 shall not apply to a railway operated by a railway operator.

  • 6 The Corporation and officers of the Corporation shall have the same responsibilities under sections 46 and 47 in relation to railways operated by a railway operator as they have in relation to Corporation railways.


Schedule 2
Amendments to New Zealand Railways Corporation Act 1981

s 34

New Zealand Railways Corporation Act 1981 (1981 No 119)

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


Schedule 3
Other enactments amended

s 35

District Railways Act 1908 (1908 No 49) (RS Vol 6, p 163)

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

Fencing Act 1978 (1978 No 50)

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

Local Government Act 1974 (1974 No 66) (RS Vol 20, p 1)

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

Public Works Act 1981 (1981 No 35)

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

Rating Powers Act 1988 (1988 No 97)

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

Stamp and Cheque Duties Act 1971 (1971 No 51) (RS Vol 23, p 771)

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


Schedule 4
Enactments repealed

s 36

Holidays Act 1981 (1981 No 15)

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

New Zealand Railways Corporation Amendment Act 1985 (1985 No 105)
New Zealand Railways Corporation Amendment Act 1987 (1987 No 80)
New Zealand Railways Corporation Amendment Act (No 2) 1987 (1987 No 122)

Schedule 5
Modifications of provisions of Public Works Act 1981 applicable to acquisition of land pursuant to recommendation of Waitangi Tribunal

s 40

  • For the purposes of section 40 of this Act, section 23(1)(b) of the Public Works Act 1981 shall have effect as if, for subparagraphs (ii) and (iii), there were substituted the following subparagraph:

 “(ii)a statement that the land is to be resumed under section 40 of the New Zealand Railways Corporation Restructuring Act 1990 pursuant to a recommendation of the Waitangi Tribunal; and”.
  • For the purposes of section 40 of this Act, section 26 of the Public Works Act 1981 shall have effect as if, for subsection (1), there was substituted the following subsection:

“(1)After the expiration of the period of 20 working days specified in the notice served under section 23(1)(c) of this Act, the land intended to be taken shall be taken in the following manner:
 “(a)subject to the provisions of section 32 of this Act—
  “(i)a survey plan shall be prepared, in duplicate, showing accurately the position and extent of the land proposed to be taken; and
  “(ii)such plan shall be signed by the Chief Surveyor as evidence of its accuracy; and
  “(iii)a duplicate print of the title plan shall be prepared; and
 “(b)the Minister shall recommend the Governor-General to issue a Proclamation taking the land.”
  • For the purposes of section 40 of this Act, Schedule 1 of the Public Works Act 1981 shall have effect as if, for the form set out in that schedule, there were substituted the following form:

“NOTICE OF INTENTION TO TAKE LAND IN [name of territorial authority district] FOR THE PURPOSE OF GIVING EFFECT TO A RECOMMENDATION OF THE WAITANGI TRIBUNAL

“To [full name] of [address]

  • “1Take notice that the Minister of Lands proposes to take under the Public Works Act 1981 your interest in the land described in the Schedule of this notice.

  • “2The land is to be resumed under section 40 of the New Zealand Railways Corporation Restructuring Act 1990 pursuant to a recommendation of the Waitangi Tribunal. That Tribunal recommended on [date] that the land be returned to Maori ownership.

  • “3A copy of the recommendation of the Waitangi Tribunal is attached.

  • “4A plan of the land intended to be taken is attached.

  • [May be deleted if all the land is in a surveyed lot.]

“Obligation to acquire land
  • “5Under section 39 of the New Zealand Railways Corporation Restructuring Act 1990 the Minister of Lands is obliged to acquire your interest in the land.

  • “6Your interest in the land will not be acquired until at least 20 working days after the service of this notice on you.

“Your right to compensation
  • “7This notice relates to the taking of your interest in the land and not to your right to compensation. Under the Public Works Act 1981 you are entitled to full compensation for your interest in the land. If this compensation cannot be agreed between you and the Minister of Lands, it can be determined in separate proceedings before the Land Valuation Tribunal.

“WARNING
“THIS NOTICE CONCERNS YOUR RIGHTS OVER THE LAND REFERRED TO. IF YOU ARE IN ANY DOUBT ABOUT ITS EFFECT, YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY.
“Do not delay.
“[Insert name] Land District
“[Give general description of the land required to be taken, including the postal address or some other readily identifiable description of the place where the land is situated.]
“[Add legal description of land]
“Dated at [place, date]

“Signature:

“(for Minister of Lands).”

  • For the purposes of section 40 of this Act, form A of Schedule 3 of the Public Works Act 1981 shall have effect as if—

    • (a)for the words or [name of local authority] for the purpose of [insert name of public work mentioned in Proclamation or declaration], there were substituted the words so that it can be returned to Maori ownership pursuant to a recommendation of the Waitangi Tribunal:

    • (b)for the words said work, there were substituted the words taking of the land mentioned in table A below:

    • (c)for the words said land and the construction of the said public work, there were substituted the words land mentioned in table A below.


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 New Zealand Railways Corporation Restructuring Act 1990. The reprint incorporates all the amendments to the Act as at 18 July 2013, 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)
  • Public Finance Amendment Act 2013 (2013 No 50): section 57

    Public Finance Amendment Act 2004 (2004 No 113): section 37(1)

    Local Government Act 2002 (2002 No 84): section 262

    Local Government (Rating) Act 2002 (2002 No 6): section 138(1)

    Public Audit Act 2001 (2001 No 10): section 52

    Survey Amendment Act 1996 (1996 No 55): sections 4(a), 5

    Income Tax Act 1994 (1994 No 164): section YB 3(1)

    Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16): section 2

    New Zealand Railways Corporation Restructuring Order 1993 (SR 1993/350)

    New Zealand Railways Corporation Restructuring Amendment Act 1993 (1993 No 79)

    Public Finance Amendment Act 1992 (1992 No 142): section 42

    Railway Safety and Corridor Management Act 1992 (1992 No 111): section 28(1)

    Resource Management Act 1991 (1991 No 69): section 362

    Employment Contracts Act 1991 (1991 No 22): sections 165–168

    Public Finance Act 1989 (1989 No 44): section 65R(3)