New Zealand Rail Limited Vesting Order 1990

Reprint
as at 26 October 1990

Coat of Arms of New Zealand

New Zealand Rail Limited Vesting Order 1990

(SR 1990/313)

Paul Reeves, Governor-General

Order in Council

At Wellington this 23rd 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 Treasury.


Pursuant to the New Zealand Railways Corporation Restructuring 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 New Zealand Rail Limited Vesting Order 1990.

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

    Category “N” land means the land identified and marked N in the property inventory records, including plans and computer database records, of the Corporation, at the close of 27 October 1990, as being core land

    the company means New Zealand Rail Limited, being a Crown transferee company within the meaning of section 2 of the Act

    core business division means any of the following business divisions of the Corporation existing at the close of 27 October 1990:

    • (a) the division known as Railfreight Systems, being the division that provides freight transport and related services, and that undertakes freight handling and storage operations, train operations, and the procurement and maintenance of rolling stock:

    • (b) the division known as Interisland Line, being the division that provides passenger, road, and rail ferry services between the North and South Islands:

    • (c) the division known as Rail Passenger, being the division that provides urban and long distance passenger train services:

    • (d) the division known as Railnet, being the division responsible for the provision and maintenance of the track network, the construction and maintenance of formation, bridges, tunnels, and other structures, and the installation, operation, and maintenance of signalling and electric traction systems:

    • (e) the division known as Railtel, being the division responsible for the provision, operation, and maintenance of telecommunications services and facilities:

    • (f) the division known as Transport Engineering and Equipment Liaison, being the division responsible for the provision and operation of engineering workshops and vehicle fleet management services:

    • (g) the division known as Information Services, being the division that provides information technology and related services:

    • (h) the division known as Core Property, being the division that manages property and buildings occupied or used by the Corporation for the purposes of any of the separate divisions referred to in this definition:

    • (i) the divisions known as Corporate Office, Group Services, and Corporate Services being divisions consisting of the executive management of the Corporation and the personnel of the Corporation engaged in planning, public relations, safety and risk management, building management, purchasing, personnel, administration, finance and accounting functions of the Corporation—

    but does not include—

    • (j) the division known as Passenger Business Group being the division that provides road passenger services, travel agency services, and road and rail parcel services under the name Speedlink:

    • (k) the division known as Rail Properties Disposal Unit, being the division responsible for the sale of surplus property of the Corporation

    operational land means land held, occupied, or used for the purposes of any of the core business divisions, and includes—

    • (a) Category N land:

    • (b) all land identified and marked C in the property inventory records, including plans and computer database records, of the Corporation, at the close of 27 October 1990, as being land held for later disposal after relocation or cessation of existing operations by any of the core business divisions:

    • (c) all land that is held, used, or occupied by a core business division and is identified and marked E in the property inventory records, including plans and computer database records, of the Corporation, at the close of 27 October 1990, as being land held, subject to evaluation, for possible later disposal.

    (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 railways assets and railways liabilities in company
  • (1) The railways assets and railways liabilities to which this clause applies, being assets and liabilities set out in a list prepared pursuant to section 6 of the Act by the Minister of Finance and the Minister for State Owned Enterprises dated 23 October 1990, shall vest in the company on 28 October 1990.

    (2) Subject to subclause (3) and subclause (4), this clause applies to—

    • (a) all railways assets and railways liabilities of the Crown and the Corporation used or capable of being used for the purposes of any of the core business divisions, including, without limitation,—

      • (i) all improvements, buildings, structures, fixtures, cables, pipes, bridges, tunnels, formation, track, and associated works situated on or under or above the surface of operational land (but excluding any estate in land):

      • (ii) all planning rights, designations, water rights, and clean air licences relating to—

        • (A) Category N land and the operations and activities of the Corporation on that land:

        • (B) the operations and activities of the Corporation on other operational land, except to the extent that they relate solely to an estate in land:

        • (C) the operations of any of the core business divisions:

      • (iii) the rights and obligations of the Corporation under all contracts and agreements for the supply of goods and services in relation to any core business division made between the Corporation and any other person, being rights and obligations which arise or are to be performed or discharged on or after 28 October 1990, and including rights and obligations under contracts for the construction of works or facilities:

      • (iv) all rights and obligations under every contract of service with, and every award or agreement relating to, employees or former employees of the Corporation, in respect of any core business division or former activities corresponding to the activities of any core business division (but excluding the contracts of service of the executive chairman and employees or former employees of the Corporation seconded to the New Zealand Railways Staff Welfare Society), being rights and obligations which arise or are to be performed or discharged on or after 28 October 1990, including obligations which have accrued as at that date:

    • (b) all documents, correspondence, files, notes, plans, drawings, reports, and other written, processed, or recorded information relating to railways assets and railways liabilities and held by or under the control of the Corporation at the close of 27 October 1990, and including contracts and agreements, records relating to employees and former employees, leases, concessions, and other legal documents, but excluding—

      • (i) records relating to the functions of the division known as the Passenger Business Group which do not relate to activities of any core business division:

      • (ii) records relating to interests in land, not being interests in land referred to in clause 14 of Schedule 1:

      • (iii) documents of title to any estate in land, not being any estate in land referred to in clause 14 of Schedule 1:

      • (iv) the property inventory records including plans and computer database records of the Corporation classifying land into categories C, N, E, and Y:

    • (c) the railways assets and railways liabilities specified in Schedule 1.

    (3) Except as provided in clause 14 of Schedule 1, this clause does not apply to any estate in land.

    (4) This clause does not apply to—

    • (a) any obligation to provide reduced rate travel privileges to former employees (or dependants or nominees of former employees) of the Corporation or of the department of the New Zealand Government which preceded it:

    • (b) the railways assets and railways liabilities specified in Schedule 2.

4 Shares to be issued by company
  • (1) For the purposes of section 6(4) of the Act, the company shall issue 184 900 000 ordinary shares of $1 each.

    (2) The shares referred to in subclause (1) shall be issued and credited as fully paid on 29 October 1990.


Schedule 1
Railways assets and liabilities that vest in company

cl 3(2)(c)

1Railways assets, other than any estate in land, formerly held or used for the purposes of any core business division and situated on operational land or on land not held by the Corporation, that are now held solely for the purpose of disposal.
2The rights and obligations of the Corporation under every contract for the disposal of railways assets of the class referred to in clause 1.
3The following shares and partnership units owned by the Corporation:
  4 000 $1 Group B Ordinary Shares in Freightways Express New Zealand Limited:
  4 900 $1 Group B Ordinary Shares in RFL Transport Limited:
  164 443 $1 Ordinary Shares in Chep Handling Systems Limited:
  2 222 $100 Partnership units in Chep Handling Systems Limited and Company:
  1 000 $0.25 Ordinary Shares in Scenic Circle Corporation Limited.
4The rights and obligations of the Corporation in respect of transport arrangements with territorial authorities and regional councils, to the extent that they relate to the provision of railway services.
5The rights in the name Cityline and the Cityline device and colours used by the Corporation to the extent they are used or capable of being used for the provision of railway services.
6The rights in the name Intercity and the Intercity device and colours used by the Corporation to the extent they are used or capable of being used for the provision of railway and ferry services.
7Removable railways assets held or used by the Corporation in respect of—
 (a)the Otago Central branch railway line from a point 4 km from Wingatui (near Taieri industrial sidings) to Clyde (at a point 215 km from Wingatui):
 (b)the section of the North Auckland railway line from Moerewa (at a point 283.5 km from Westfield Junction) to Opua (at a point 299 km from Westfield Junction).
8The assets of the Corporation situated on Category N land leased by the Corporation to Chep Handling Systems Limited, Freightways Express New Zealand Limited, RFL Transport Limited or any subsidiaries of any of those companies.
9The rights and interests of the Corporation in the locomotives, rolling stock, and other related assets held by Kingston Flyer Limited.
10The rights, interests, and obligations of the Corporation in respect of locomotives and railway rolling stock in addition to those used for the purposes of any of the core business divisions.
11The rights, interests, and obligations of the Corporation in respect of the CARRESS reservation system, to the extent that it is used or capable of being used for railway and ferry services.
12The rights, interests, and obligations of the Corporation in the steamship Earnslaw.
13The library resources of the Corporation.
14The rights, interests, and obligations of the Corporation under leases, easements, grants, and other interests in land given by third parties in favour of the Corporation in respect of land used for the purposes of any of the core business divisions, other than land of the Crown held for railways purposes.
15Historical artifacts and other historical material relating to any of the core business divisions.

Schedule 2
Railways assets and liabilities to which clause 3 does not apply

cl 3(4)(b)

1Permanent buildings, other than relocatable buildings, situated on operational land that is identified and marked C in the property inventory records of the Corporation at the close of 27 October 1990.
2Shares held by the Corporation in Primesite Outdoor Advertising Limited, Tourmasters South Pacific Limited, NZ Railways Property Corporation Limited, and NZ Railways Finance Corporation Limited.
3The rights, interests, and obligations of the Corporation in respect of transport arrangements with territorial authorities and regional councils, to the extent that they relate to the provision of road passenger services.
4The rights in the name Cityline and the Cityline device and colours used by the Corporation to the extent they are used or capable of being used for the provision of road passenger services.
5The rights in the name Intercity and the Intercity device and colours used by the Corporation to the extent they are used or capable of being used for the provision of road passenger services.
6The rights, interests, and obligations of the Corporation in respect of the CARRESS reservation system to the extent that it is used or capable of being used for road passenger services.
7The rights and obligations of the Corporation in respect of borrowing by the Corporation including bank overdraft arrangements.
8The rights and obligations of the Corporation with respect to the New Zealand Railways Staff Welfare Society.

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which is made pursuant to the New Zealand Railways Corporation Restructuring Act 1990, vests the assets and liabilities referred to in the order in New Zealand Rail Limited on 28 October 1990.

In broad terms, the assets and liabilities are the core operating assets and liabilities of the New Zealand Railways Corporation, excluding land and road passenger and parcel services. The order also specifies the shares which the company shall issue consequent upon the vesting of those assets and liabilities. The New Zealand Railways Corporation Restructuring Act 1990 requires the shares to be issued to the Minister of Finance and the Minister for State Owned Enterprises in equal proportions.


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

Date of notification in Gazette: 25 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 New Zealand Rail Limited Vesting Order 1990. The reprint incorporates all the amendments to the order as at 26 October 1990, 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)