Radio New Zealand (Assets) Order 1992

Reprint
as at 7 August 1992

Coat of Arms of New Zealand

Radio New Zealand (Assets) Order 1992

(SR 1992/220)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 3rd day of August 1992

Present:
Her 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 sections 3(3) and (4) of the Finance Act (No 2) 1989, Her 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 Radio New Zealand (Assets) Order 1992.

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

    agreement has the meaning given to that word by section 29(1) of the State-Owned Enterprises Act 1986

    applicable means—

    • (a) vested in the Crown by section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (b) still vested in the Crown immediately before the vesting day

    the company means Radio New Zealand Limited (being a company duly incorporated under the Companies Act 1955, having its registered office at Wellington, and being a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986)

    the former corporation means the Broadcasting Corporation of New Zealand dissolved by section 5(a) of the Broadcasting Amendment Act (No 2) 1988

    Ministers has the meaning given to that word by section 2 of the Finance Act (No 2) 1989

    rights has the meaning given to that word by section 29(1) of the State-Owned Enterprises Act 1986

    the vesting day means 7 August 1992.

3 Issue of equity securities
  • Consequent upon the vesting in it of the assets and liabilities specified in this order, the company shall on the vesting day issue to the Ministers—

    • (a) 15,065,000 fully paid up ordinary shares, each having a nominal value of $1; and

    • (b) 5,000,000 redeemable preference shares, each having a nominal value of $1,—

      • (i) redeemable on or after 1 December 1993, at the option of the shareholders, for cash or for fully paid up ordinary shares issued at par; and

      • (ii) with a cumulative preferential dividend of 6% per year, payable in cash when redeemed.

4 Vesting of assets
  • (1) Subject to subclause (2), on the vesting day the following assets (being assets specified in a list prepared by the Ministers pursuant to section 3(1) of the Finance Act (No 2) 1989 dated 31 July 1992) shall vest in the company:

    • (a) the applicable interests of the Crown in the land described in Schedule 1; and

    (2) The assets vested in the company by subclause (1) do not include anything claimed or requested by the Crown in relation to the action brought by Progeni Systems Limited against the former corporation, filed in the Wellington Registry of the High Court as A No 371/83.

5 Vesting of liabilities
  • (1) Subject to subclause (2), on the vesting day there shall vest in the company the liabilities described in Schedule 3 (being liabilities specified in a list prepared by the Ministers pursuant to section 3(1) of the Finance Act (No 2) 1989 dated 31 July 1992).

    (2) The liabilities vested in the company by subclause (1) do not include any liability to Progeni Systems Limited or any third party arising under or in connection with the action described in clause 4(2).


Schedule 1
Land

cl 4(1)(a)

Description Area (more or less)Title document
North Auckland Land District
Lot 8, parts Lots 6 and 7, Deposited Plan 1034, being portion allotment 6, Parish of Waipareira 6.2372 hectaresCertificate of Title 487/87
Part Lots 4, 5, 6 and 7, Deposited Plan 1034, being part allotment 6, Parish of Waipareira 8.1144 hectaresCertificate of Title 41D/299
Allotment 658, Parish of Waipareira 5619 square metresCertificate of Title 42C/1135
Part Lot 10, DP 1034, and part allotment 6, Parish of Waipareira 6845 square metresCertificate of Title 35B/1191
Part Lot 9, DP 1034, and part allotment 6, Parish of Waipareira 100 square metresCertificate of Title 35B/1190
Part Te Riu Block, XII Omapere SD 5.3034 hectaresCertificate of Title 2081/9
Lot 1, Deposited Plan 103120, part allotments 11 and 12, Parish of Maungatapere 2.9607 hectaresCertificate of Title 56D/884
Part Lot 4, Deposited Plan 43276 and being part Maxwells Grants 5.2599 hectaresCertificate of Title 2070/44
Part allotment 1, Parish of Whangarei 1464 square metresCertificate of Title 2070/40
Lot 1, Deposited Plan 50223, part allotment 1, Parish of Whangarei 1201 square metresCertificate of Title 2070/41
South Auckland Land District
Lots 1 and 2, Deposited Plan 21509, Lots 3 and 4, Deposited Plan 19075, and part Sections 43 and 44, Township of Hamilton West 2090 square metresCertificate of Title 1B/528
Part Section 19, Block VIII, Maketu Survey District 5.5075 hectaresCertificate of Title 1B/530
Part Section 20, Block VIII, Maketu Survey District 2.0679 hectaresCertificate of Title 1B/531
Lots 1, 2 and 3, Deposited Plan, 18658 being part Sections 3 and 4, Block XVII, Town of Rotorua 1517 square metresCertificate of Title 1B/532
Lot 4, Deposited Plan 18658, part Section 2, Block XVII, Town of Rotorua 506 square metresCertificate of Title 2B/566
Block situated in the Piopiotea Survey District called Ohura South G. No 3A 1015 square metresCertificate of Title 261/283
Situated in Block I, Piopiotea Survey District called Ohura South G. No 3C, Section 3 2749 square metresCertificate of Title 377/6
Part Section 79, Block II, Tauhara Survey District 4.6979 hectaresCertificate of Title 14D/758
Section 177, Block II, Tauhara Survey District 1.4865 hectaresCertificate of Title 10A/949
Lot 3, Deposited Plan 3892, and being part Tokoroa No 1 Block 827 square metresCertificate of Title 1272/98
Section 75, Block VIII, Patetere South Survey District 1012 square metresCertificate of Title 7D/217
Lot 1 on Deposited Plan S. 21430, being New Zealand Loan and Mercantile Company Limited Grant 10.739 hectaresCertificate of Title 20B/487
Gisborne Land District
Sections 99 and 100, Town of Gisborne 2023 square metresCertificate of Title 127/44
Block VIII, Turanganui Survey District, being part Kaiti 314 Block 4.0468 hectaresCertificate of Title 127/43
Taranaki Land District
Block II, Paritutu Survey District, being part Section 33, Hua District 6.1538 hectaresCertificate of Title 271/64
Part Sections 699, 700 and 716, Town of New Plymouth. Lot 1, Deposited Plan 2250, Lot 1, Deposited Plan 6888 and part Lot 1, Deposited Plan 5072 1480 square metresCertificate of Title 271/65
Part Section 699, Town of New Plymouth 321 square metresCertificate of Title 271/66 (limited as to parcels)
Hawkes Bay Land District
Part Lots 183, 184 and 185, Deeds Plan 83, being portion Heretaunga Block 2850 square metresCertificate of Title F4/508
Part Block XVI, Maraekakaho Survey District and part Block XIII, Te Mata Survey District being the Maori Land Court Subdivision known as Pukerowhitu 1A4 Block 4.9624 hectaresCertificate of Title A1/1102
Block XIII, Te Mata Survey District being part of the Maori Land Court Subdivision known as Pukerowhitu 1B Block 5.3281 hectaresCertificate of Title A1/1103
Lots 1 and 2, Deposited Plan 4400, being part Town Section 244, Napier 617 square metresCertificate of Title B4/1255
Wellington Land District
Block VI, Ikatara Survey District, Lot 1, Deposited Plan 59575 and part Section 398, Left Bank, Wanganui River 1.6769 hectaresCertificate of Title 30A/205
Part Section 2, Evans Bay District and being also Lot 1 on Deposited Plan 32170 and part Lot 1, Deposited Plan 8174 3584 square metresCertificate of Title 9A/606
Part Section 41, Town of Palmerston North, being part Lots 7 and 8, Deposited Plan 276 1012 square metresCertificate of Title 359/49
Part Section 41, Town of Palmerston North, being part Lots 6 and 7, Deposited Plan 276 490 square metresCertificate of Title 430/121
Part Section 186, Porirua District, Lot 6, Deposited Plan 29446 16.9048 hectaresCertificate of Title 8B/1004
Lots 36, 37, 38, 39 on Deposited Plan 25036, Lot 5 on Deposited Plan 29446 and part Lot 1, Deposited Plan 10900 36.4140 hectaresCertificate of Title 26B/990
Part Sections 400 and 401, Town of Wanganui 1414 square metresCertificate of Title 426/269
Part Section 1564, Block X, Kairanga Survey District and being also part Lots 1 and 2, Deposited Plan 7073 as defined by SO Plan 21861 9.5832 hectaresCertificate of Title 615/33
Nelson Land District
Part Section 446 of the City of Nelson 536 square metresCertificate of Title 1A/884
Part section 445 of the City of Nelson 582 square metresCertificate of Title 1A/882
Block VII, Waimea Survey District, being part Deposited Plan 3154 and part Sections 75 and 76, District of Waimea East 7.1452 hectaresCertificate of Title 1A/883
Marlborough Land District
Lot 2, Deposited Plan 2918 744 square metresCertificate of Title 1B/464
Lot 1, Deposited Plan 2918 744 square metresCertificate of Title 1A/1313
Westland Land District
Block VII, Waimea Survey District being Reserve 1883 5.4892 hectaresCertificate of Title 5A/938
Section 39, Block I, as shown on Sheet 1, Deposited Plan 8, being part Greymouth or Mawhero Maori Reserve 31 152 square metresCertificate of Title 3B/61
Sections 40 and 42, Block I being Part Maori Reserved land 31 379 square metresCertificate of Title 3B/66
Section 41, Block 1, being Part Maori Reserved land 31 177 square metresCertificate of Title 3B/62
Canterbury Land District
Block XI, Halswell Survey District, being Lot 1, Deposited Plan 10218, part Lots 11 and 12, Deposited Plan 6355, part Rural sections 1340, 7213, 21387, 21388, 21389, 21409 and 35601 26.0458 hectaresCertificate of Title 1C/1173
Block IV, Christchurch Survey District, Lot 2, Deposited Plan 42078 11.1900 hectaresCertificate of Title 21K/1486
Lot 1, Deposited Plan 46530 4.1150 hectaresCertificate of Title 25K/1260
Lot 10, Deposited Plan 10872, Lot 1, Deposited Plan 9551 and part Lot 1, Deposited Plan 8960, part Rural section 7555 1100 square metresCertificate of Title 1C/1175
Block IX, Arowhenua Survey District, being Lot 1, Deposited Plan 26593, part Reserve 2593, and part Section 6, Meadows Settlement 5059 square metresCertificate of Title 8F/1040
Otago Land District
Part Sections 10 and 14, Block VI, Leaning Rock District 21.2688 hectaresCertificate of Title B1/361
Part Lot 1, DP 4464, and part sections 35 and 613R, Block I, Otago Peninsula District 7.5064 hectaresCertificate of Title 9A/1379
Part section 30, Block I, Otago Peninsula District 3.8315 hectaresCertificate of Title B1/360
Part section 41, Block III, Tomahawk District, part section 66R Block I, Otago Peninsula District and part Lots 4 and 5, Block VIII, part Lots 1, 2, 3, 4, 5 and 6, Block XIII, part Lots 1, 2 and 3 Block XVII, Lot 5 and part Lots 2, 3, 4, 5, 6, and 7 Block XVII, Deeds Plan 55, being part Section 26, Block I, Otago Peninsula District 1.2450 hectaresCertificate of Title B1/358
Lot 1, Deposited Plan 20262, City of Dunedin 5318 square metresCertificate of Title 11D/810
Sections 27 and 28, Block I, Coneburn District 212 square metresCertificate of Title B4/206
Southland Land District
Section 3, Block XIX, Town of Dacre 6.4218 hectaresCertificate of Title A1/249
Section 22, Block LXII, Town of Invercargill 1012 square metresCertificate of Title A1/250
Lot 3, Deposited Plan 1857, part Section 1, Block LXII, Town of Invercargill 283.0 square metresCertificate of Title 111/158
Lot 2, Deposited Plan 1857, part Section 1, Block LXII, Town of Invercargill 281.0 square metresCertificate of Title 111/5

Schedule 2
Other assets

cl 4(1)(b)

The following assets:

  • (a) every applicable estate or interest in any land not described in Schedule 1 (including any right to occupy or use all or any part of any land, building, or structure) that—

    • (i) since vesting in the Crown has been used by the company for or in connection with its operations; or

    • (ii) when vested in the former corporation was used by it for or in connection with operations analogous to the company's operations:

  • (b) all applicable consumable items that, immediately before the vesting day were held (whether by the Crown or by the company) for use in relation to the operations of the company:

  • (c) all applicable rights (being rights arising under or in respect of any agreement for the supply of goods or services, or the construction of works or facilities) relating to or arising out of the operations of the company, or activities carried on by the former corporation that were analogous to the operations of the company:

  • (d) all applicable rights (being rights arising under or in respect of any lease, licence, or concession) relating to or arising out of the operations of the company, or activities carried on by the former corporation that were analogous to the operations of the company:

  • (e) all other applicable rights of any kind, including (without limiting the generality of the foregoing)—

    • (i) rights or consents granted by or pursuant to any enactment or by-law:

    • (ii) resource consents:

    • (iii) rights arising out of applications for, or out of objections to applications for, any such right or consent,—

    relating to or arising out of the operations of the company, or activities carried on by the former corporation that were analogous to the operations of the company:

  • (f) all applicable patents, trade marks, designs, copyright, trade secrets, or other intellectual property rights that—

    • (i) relate to or arise out of the operations of the company, or activities carried on by the former corporation that were analogous to the operations of the company; or

    • (ii) since vesting in the Crown have been used by the company for or in connection with its operations; or

    • (iii) when vested in the former corporation were used by it for or in connection with operations analogous to the company's operations:

  • (g) all applicable goodwill (if any):

  • (h) all applicable shares in Radio Horowhenua Limited:

  • (i) all applicable documents, correspondence, files, notes, plans, drawings, reports, and other written or recorded information (whether recorded on paper, by computer, or otherwise howsoever) relating to any of the assets vested in the company by this order, to the operations of the company, or to activities carried on by the former corporation that were analogous to the operations of the company:

  • (j) all applicable buildings, vehicles, plant, equipment, machinery, furniture, fittings, computer software or hardware, and other personal property, and all right, title, and interest to or in any such property that—

    • (i) since vesting in the Crown have been used by the company for or in connection with its operations; or

    • (ii) when vested in the former corporation were used by it for or in connection with operations analogous to the company's operations.

Schedule 3
Liabilities

cl 5(1)

The following liabilities:

  • (a) all applicable liabilities (being liabilities arising under or in respect of any agreement for the supply of goods and services, or the construction of works or facilities) relating to or arising out of the operations of the company, or activities carried on by the corporation that were analogous to the operations of the company:

  • (b) all applicable liabilities (being liabilities arising under or in respect of any lease, licence, or concession) relating to or arising out of the operations of the company, or activities carried on by the former corporation that were analogous to the operations of the company:

  • (c) all applicable losses, costs, claims, expenses, actions, or demands, relating to or arising out of the operations of the company, or activities carried on by the former corporation that were analogous to the operations of the company.

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 vests certain Crown assets in, and imposes the burden of certain Crown liabilities on, Radio New Zealand Limited (a State enterprise) on 7 August 1992. The assets and liabilities were formerly assets and liabilities of the Broadcasting Corporation of New Zealand, and were vested in the Crown on the dissolution of that body. The order also requires Radio New Zealand to issue to its shareholders 5 million $1 preference shares, redeemable from 1 December 1993 for cash or fully paid up ordinary $1 shares, and paying in cash on redemption a cumulative annual preferential dividend of 6%, and 15,065,000 fully paid-up $1 ordinary shares.


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

Date of notification in Gazette: 6 August 1992.


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 Radio New Zealand (Assets) Order 1992. The reprint incorporates all the amendments to the order as at 7 August 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)