Wellington Airport (Vesting) Order 1990

Reprint
as at 27 October 1992

Coat of Arms of New Zealand

Wellington Airport (Vesting) Order 1990

(SR 1990/293)

Paul Reeves, Governor-General

Order in Council

At Wellington this 15th day of October 1990

Present:
His Excellency the Governor-General in Council


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 order is administered by the Ministry of Transport.


Pursuant to the Wellington Airport Act 1990, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

Order

1 Title
  • This order may be cited as the Wellington Airport (Vesting) Order 1990.

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

    the company means Wellington International Airport Limited.

    (2) Any term or expression which is not defined in this order, but which is defined in the Act, shall have the meaning given to it by the Act.

3 Vesting of airport assets and airport liabilities in company
  • The following airport assets and airport liabilities, being assets and liabilities set out in a list prepared pursuant to section 7(1) of the Act by the Minister of Finance and the Minister of Transport dated 11 October 1990 shall vest in the company on 16 October 1990:

    • (a) the land described in Schedule 1 together with all planning rights, designations, water rights, and clean air licences, relating to it or to the operations and activities of the airport:

    • (b) plant, equipment, vehicles, furniture and fittings, and all stocks of consumable items held by the Council or the Crown as at the close of 15 October 1990 for use in relation to the airport, including the vehicles more particularly described in Schedule 2:

    • (c) the rights and obligations of the Council or the Crown under all contracts and agreements for the supply of goods and services in relation to the airport, made between the Council or the Crown and any other person, being rights and obligations which arise or are to be performed or discharged on or after 16 October 1990 and including rights and obligations under contracts for the construction of works or facilities, but not including rights and obligations under any contract of employment and obligations which have accrued as at that date:

    • (d) the rights and obligations of the Council or the Crown under all leases, licences, concessions, and agreements to grant rights, relating to the airport, made with, or granted to or by, the Council or the Crown, or to which the Council or the Crown is a party, being rights and obligations which arise or are to be performed or discharged on or after 16 October 1990, but not including obligations accrued before that date:

    • (e) all documents, correspondence, files, notes, plans, drawings, reports, and other written, processed, or recorded information relating to airport assets and airport liabilities and held by, or under the control of, the Council or the Crown as at the close of 15 October 1990, and including contracts and agreements, leases, licences, concessions, and other legal documents.

4 Equity securities to be issued by company
  • (1) The equity securities which shall be issued by the company consequent upon the vesting in it of the airport assets and airport liabilities referred to in clause 3 shall be 56 550 000 ordinary shares of $1 each.

    (2) The equity securities referred to in subclause (1) shall be issued on 16 October 1990 and as fully paid up.

5 Debt securities to be issued by company
  • (1) The debt securities which shall be issued by the company consequent upon the vesting in it of the airport assets and airport liabilities referred to in clause 3 shall be 30 450 000 unsecured debentures of $1 each issued at par.

    (2) The debentures referred to in subclause (1) shall be issued on the following terms:

    • (a) the debentures shall be redeemed at par on presentation of the relevant certificates for cancellation on 16 October 1992:

    • (b) until redemption the debentures shall bear interest, calculated at quarterly intervals commencing on 16 October 1990, at a rate which is 0.75% above the 90 day bank bill buying rate prevailing at the commencement of the relevant quarterly period as determined by reference to the mid settlement rate of Reuters Page BKBM at 10.45 am at the commencement of each quarterly period and interest shall be paid quarterly in arrears to the registered holder of each debenture without deduction:

    • (c) the company shall be entitled to redeem the debentures, before maturity, in whole or in part, on any quarterly payment date whereupon interest shall cease to accrue on the debentures redeemed and any partial redemption shall be effected on a pro rata basis so that each debenture holder shall receive, by way of redemption, a sum which bears the same ratio to the total amount redeemed as the debentures then held by such debenture holder bear to the total number of debentures on issue:

    • (d) the company shall not, while the debentures remain outstanding, issue any other debt securities or borrow any money, except that—

      • (i) the company shall be entitled to borrow an amount not exceeding $5 million from any source for capital expenditure or working capital if the amount borrowed does not rank higher than pari passu with the debentures:

      • (ii) the debenture holders may, by resolution passed by debenture holders holding in aggregate not less than 75% in value of the total number of debentures then on issue, waive the provisions of this paragraph on such terms and conditions as may be specified in the resolution:

      • (iii) the company shall be entitled to borrow any amount from any source for the purpose of redeeming the debentures:

      • (iv) the company shall be entitled to grant a mortgage or give or create a charge or security interest in respect of any asset or assets purchased by the company in favour of the vendor of that asset or those assets to secure the unpaid balance of the purchase price of the asset or assets, if the mortgage, charge, or security interest does not exceed 75% of the purchase price:

    • (e) the debentures held by each debenture holder shall, at the option of the holder to be exercised by notice in writing to the company, become immediately due and payable if—

      • (i) a receiver is appointed to the whole or any part of the undertaking or assets of the company; or

      • (ii) the company goes into liquidation; or

      • (iii) the company is placed under statutory management; or

      • (iv) the company defaults in payment of interest due to any debenture holder; or

      • (v) the company commits a breach of any of the terms stated in this clause and that breach remains unremedied for more than 7 days after notice is given to the company by a debenture holder requiring the breach to be remedied:

    • (f) the debentures shall be subject to the articles of association of the company and shall, with the prior approval of the board of directors of the company, be transferable:

    • (g) the company shall be entitled to treat the registered holder of each debenture as the owner of it for all purposes.

    (3) The debentures referred to in subclause (1) shall be issued on 16 October 1990 and credited as fully paid up.


Schedule 1

cl 3(a)

Part A
Land owned by or vested in the Wellington City Council

The following parcels of land situated in the Wellington Land Registry:

Description Area  Title document
(more or less)
Part Section 53 Watts Peninsula District, SO Plan 26579 15.3355 ha Gazette B005912.1
Part Section 70 Watts Peninsula District, SO Plan 30075 3.3762 ha Gazette B005912.1
Lot 1 DP 20260 564 m2 CT 22A/38
Lot 68 DP 21360 573 m2 CT 21D/635
Lot 4 DP 20260 680 m2 CT 22A/41
Lot 6 DP 20260 5 546 m2 CT 22A/43
Lot 5 DP 20260 780 m2 CT 22A/42
Lot 7 DP 20260 1.7298 ha CT 22A/44
Lot 56 DP 21360 2 785 m2 CT 21D/681
Lot 55 DP 21360 2 957 m2 CT 21D/680
Lot 54 DP 21360 3 708 m2 CT 21D/679
Lot 53 DP 21360 3 737 m2 CT 21D/678
Lot 52 DP 21360 3 473 m2 CT 21D/677
Lot 2 DP 51082 2.3558 ha CT 24B/891
Part Sections 15 and 18 Watts Peninsula District, DP 8149 1.8072 ha CT 372/107
Part Sections 15 and 18 Watts Peninsula District, SO Plan 332/60, SO Plan 19628 and Part Lot 5 DP 8272 7.7912 ha CT 460/309
Part Sections 15 and 18 Watts Peninsula District SO Plan 332/60, SO Plan 19628 1.2023 ha CT 449/48
Lot 3 DP 8272 614 m2 CT 475/267
Lot 4 DP 8272 670 m2 CT 10A/84
Part Lot 5 DP 8272 471 m2 CT 10D/1012
Lot 7 DP 8272 563 m2 CT 374/258
Lots 15 to 21 (inclusive), Part Lot 22, Lots 24 and 26 to 28 (inclusive) DP 8272 8 809 m2 CT 446/203
Part Lot 23 DP 8272 656 m2 CT 435/39
Lot 25 DP 8272 736 m2 CT 377/241
Lot 34 DP 8272 783 m2 CT 460/310
Lot 50 DP 8272 1 453 m2 CT 507/30
Part Section 8 Evans Bay District 76 m2 CT 10B/943
Part marked “A”, SO Plan 32528 (Part bed of Harbour, Port Nicholson) 1.4526 ha Gazette B005912.1
Part marked “B”, SO Plan 32528 (Part reclamation, Port Nicholson) 8 920 m2 Gazette B005912.1
Section 178, SO Plan 26324 8 536 m2 Gazette 859682.1
Part Section 120, Evans Bay District, marked A to J (inclusive), SO Plan 34979 4 372 m2 Gazette 951529.1
Part Section 179, Evans Bay District, coloured green on SO Plan 26324 744 m2 Gazette 859682.1
Part Section 179, Evans Bay District, marked “K”, SO Plan 34979 24 m2 Gazette 951529.1 and 859682.1
Lot 16 DP 1950 594 m2 Gazette 665184.1
Part Section 120, Evans Bay District marked “A” to “M” (inclusive), SO Plan 34771 4 610 m2 Gazette 951529.1
Part Lot 39, DP 1950 325 m2 Gazette 665184.1 Proclamation 6233
Part Section 37 Watts Peninsula District, SO Plan 25983 9 942 m2 Proclamations 5657, 5289, 5841, 5587, and 5939
    Certificates of Title 361/26, 329/173, 189/278, 189/283, 370/109, and 290/221
Section 97 Watts Peninsula District coloured green on SO Plan 26324 3.0040 ha Gazette 859682.1
Part Sewer Reserve, PWD Plan 17555 * Proclamation 149
Part Lot 2 DP 1808 * CT 428/268
Lot 1 DP 51873 1 362 m2 CT 21A/716
Lot 1 DP 11682 * CT 428/268
Part Lot 3 DP 1808 * CT 428/268
Part Section 13 shown “Proposed Road” on DP 1808 Watts Peninsula District * CT 428/268
Part Lot 4 DP 1808 * CT 428/268
Part Lot 1 DP 2481 * CT 428/268
Lot 2 DP 2481 * CT 428/268
Part Lot 4 DP 2456 * CT 428/268
Part Lot 5 DP 2456 * CT 428/268
Section 1 SO Plan 35285 1 433 m2 CT 32D/799
Section 68 Watts Peninsula District 3.2961 ha CT 9D/1083
Section 99, Watts Peninsula District, coloured green on SO Plan 26485 688 m2 Gazette 859682.1
Section 98, Watts Peninsula District, coloured green on SO Plan 26485 3.3534 ha Gazette 859682.1
Section 100, marked “E” on SO Plan 30076 9 271 m2 Gazette 859682.1
Part Section 13 Watts Peninsula District 8 173 m2 CT 778/26
Lot 69 DP 21360 556 m2 CT 21D/636
Part Lot 18 DP 5210 348 m2 CT 287/228
*Refer title document

Part B
Land owned by or vested in the Crown

The following parcels of land situated in the Wellington Land Registry:

Description Area  Title document
(more or less)
Lot 4 DP 7159 789 m2 Proclamation 6147
Lot 2 DP 8272 696 m2 Gazette 990013, Proclamation 430785
Lot 6 DP 8272 506 m2 Proclamation 433216
Lot 8 DP 8272 550 m2 Proclamation 428077, Gazette A006489
Lot 9 DP 8272 619 m2 Gazette 965541, Proclamation 430785
Lot 10 DP 8272 662 m2 Proclamation 431525, Gazette A047117
Lot 11 DP 8272 675 m2 Gazette 965541
Lot 12 DP 8272 573 m2 Gazette 961906
Lot 31 DP 8272 695 m2 Gazette 961906
Lot 14 DP 8272 564 m2 Gazette 961906
Lot 13 DP 8272 523 m2 Gazette 961906
Lot 32 DP 8272 713 m2 Gazette 961906
Part Lot 1 DP 3166 coloured yellow, Part Lot 2 DP 3166 coloured red and land shown on DP 3177 coloured blue on SO Plan 20385 1.3531 ha Proclamation 2957
Lot 1 DP 8272 505 m2 Gazette 961906 Proclamation 430785
Lots 35 and 36 DP 8272 1 677 m2 Proclamation 5289, Gazette 961906
Section 119 Evans Bay District, SO Plan 25983 1.4290 ha Proclamations 5856, 5768, 6111, 459501
Certificates of Title 167/184, 407/244
Part closed road marked “A” on SO Plan 36892 4 515 m2 Proclamation 5365
Lot 29 DP 8272 625 m2 Proclamation 5252, Gazette 987739
Lot 30 DP 8272 629 m2 Proclamation 5657, Gazette 961906
  • Schedule 1 Part B: amended, on 27 October 1992, by regulation 4(a) of the Wellington Airport (Vesting) Order 1992 (SR 1992/307).

  • Schedule 1 Part B: amended, on 27 October 1992, by regulation 4(b) of the Wellington Airport (Vesting) Order 1992 (SR 1992/307).

Part C
Other land

The following parcels of land situated in the Wellington Land Registry:

Description Area Title document
(more or less)
Part Section 120, Evans Bay District, SO Plan 25983 3.8212 ha Gazette 665184.1 Proclamations 5768, 5470, 5587, 5422, 5844, 5289, 6291, 5811, 5576, 5796, 5657, 428302, 428348, 434268, and 598593
    Certificates of Title 370/5, 314/95, 316/180, 528/277, 526/38, 579/174, 508/25, 507/31, 276/47, 329/123, 373/158, 171/232, 274/180, 162/204, 549/246, 416/52, 571/187, 455/269, 160/266, 422/173, 440/66, 366/262, 388/243, 379/88, 311/100, and 188/128
Part Section 36, Watts Peninsula District SO Plan 25983 8.4795 ha Proclamations 5289, 5576, 5619, 5760, 5587, 5470, 5422, 5611, 5584, and 598593
    Certificates of Title 362/189, 197/159, 491/123, 168/66, 536/240, 245/285, 435/58, 435/151, 197/263, 160/268, 175/178, 160/267, 204/19, 264/145, 294/99, 212/24, 259/81, 319/299, 313/44, 247/145, 494/132, 444/165, 444/168, 424/280, 475/74, 453/260, 476/224, 499/174, 495/149, 409/181, 513/250, 527/14, 404/86, 419/153, 416/82, 415/76, 545/26, 460/313, 464/82, 471/56, 539/3, 479/43, 479/44, 361/102, 372/212, 364/160, 194/45, 201/143, 359/29, and 368/232
Part reclamation Lyall Bay, SO Plan 22830 (MD Plan 9454) * Section 40 Reserves and Other Lands Disposal Act 1952
Section 1 SO Plan 36404 395 m2 Proclamation 4892
*Refer title document
  • Schedule 1 Part C: amended, on 27 October 1992, by regulation 4(c) of the Wellington Airport (Vesting) Order 1992 (SR 1992/307).

  • Schedule 1 Part C: amended, on 27 October 1992, by regulation 4(d) of the Wellington Airport (Vesting) Order 1992 (SR 1992/307).

Schedule 2
Vehicles

Registration numberMakeModelRegistration type
MS 3676MitsubishiSigmaCar
KY 5634MitsubishiL200Utility
NX 2440NissanNavaraUtility
LZ 9737ToyotaCorollaStation wagon
OI 7902HinoFC 0915Truck
ON 2430ToyotaHi-AceVan
67 BNCFord5000Tractor
59 QXMFord1910Tractor
JF 7834Hako Sweeper
57 JCI  First Aid trailer
Not registered  Emergency trailer

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 October 1990.


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 Wellington Airport (Vesting) Order 1990. The reprint incorporates all the amendments to the order as at 27 October 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)
  • Wellington Airport (Vesting) Order 1992 (SR 1992/307): section 4