Television New Zealand (Assets) Order 1994

Reprint
as at 29 April 1994

Crest

Television New Zealand (Assets) Order 1994

(SR 1994/62)

Thomas Eichelbaum, Administrator of the Government

Order in Council

At Wellington this 26th day of April 1994

Present:
His Excellency the Administrator of the Government 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 section 3(3) of the Finance Act (No 2) 1989, His Excellency the Administrator of the Government, 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 Television New Zealand (Assets) Order 1994.

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

    the company means Television New Zealand Limited (being a company duly incorporated under the Companies Act 1955, having its registered office at Auckland, and being a State enterprise)

    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

    the vesting day means 1 June 1994.

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 its shareholders 136 900 000 fully paid up ordinary shares of $1 each.

4 Vesting of assets
  • 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 29 March 1994 shall vest in the company:

    • (a) all motor vehicles that—

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

      • (ii) were still vested in the Crown at the close of 31 May 1994; and

      • (iii) are not described in Schedule 2 of the Radio New Zealand (Assets) Order 1992; and

    • (b) the interests in land described in Schedule 1; and

5 Vesting of liabilities
  • 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 29 March 1994).


Schedule 1
Interests in land

cl 4(b)

Description Area (more or less) Title document
North Auckland Land District
Allotment 5 section 23, City of Auckland all Deposited Plan 1293 1012 square metres Certificate of Title 1874/26
Lot 1, being allotment 4 and part allotment 3 section 23, Town of Auckland 1029 square metres Certificate of Title 1041/140
CT Part allotment 3, section 23, Town of Auckland 1009 square metres Certificate of Title 1041/141
CT allotment 23 and part allotment 1, section 23 City of Auckland being part Lot 1 Deposited Plan 3441 934 square metres Certificate of Title 2B/1266
CT allotment 18, section 23, Town of Auckland 1012 square metres Certificate of Title 599/33
Allotment 611, Takapuna Parish in Block XII Waitemata Survey District 8.8450 hectares Certificate of Title 33A/1184
Part allotment 10 and 11 Deposited Plan 874, Section 3 City of Auckland 1341 square metres Certificate of Title 67C/507
Part allotment Lot 12, Section 3 Deposited Plan 4351 City of Auckland 393 square metres Certificate of Title 152/135
CT Part allotment 22, section 23 159 square metres Certificate of Title 30A/177
Lot 1, Deposited Plan 113371 9.4906 hectares Certificate of Title 63D/289
Section 14, Block III Tangihua Survey District 98.685 hectares Certificate of Title 241/300
CT allotment 22, section 23 154 square metres Certificate of Title 112/110
CT part allotment 21, section 23 177 square metres Certificate of Title 2D/589
CT part allotment 21, section 23 166 square metres Certificate of Title 599/34
CT Lot 1 Deposited Plan 72686 and part allotment 21, section 23 85 square metres Certificate of Title 28D/1188
CT part allotment 21, section 23, City of Auckland 101 square metres Certificate of Title 30/85
CT Part allotment 2, section 23, City of Auckland 308 square metres Certificate of Title 599/26
CT Lots 1 and 2 Deposited Plan 60213, part allotments 2, 19, 20, 21, 22 of section 23, City of Auckland 3746 square metres Certificate of Title 15C/796
CT Lot 2, Deposited Plan 60214, parts allotments 19, 20, 21 and 22 of section 23, City of Auckland 2249 square metres Certificate of Title 15C/797
Part Lots 3 and 4, Deposited Plan 8837, allotment 566, Parish of Waipareira 1.6890 hectares Certificate of Title 9B/564
Allotment 550, Parish of Waipareira 440 square metres Certificate of Title 3A/1104
Lot 1, Deposited Plan 47977, Part Allotment 6, Section 23, City of Auckland 1034 square metres Certificate of Title 2034/97
South Auckland Land District
Part Rotomahana Parekarangi 3A 3B 5B block 1184 square metres Certificate of Title 12D/123
Lot 13, Deposited Plan 37404 and Part Section 75, Block IX, Aroha Survey District 984 square metres Certificate of Title 998/189
Section 7, Block XX, Town of Te Aroha 498 square metres Certificate of Title 12D/1263
Lot 4, Deposited Plan 34911, (Town of Te Aroha extension), Part Section 10, Block IX, Aroha Survey District 1012 square metres Certificate of Title 911/254
Hawkes Bay Land District
Blocks VII and XI, Te Mata Survey District, being Part Lot 24, Deeds Plan 107, more particularly described on Survey Office Plan 6486 2.3435 hectares Certificate of Title F2/719
Block XI, Te Mata Survey District being Part Lot 4 and Parts of Lot 5, Deeds Plan 714, being part Block 12, Te Mata Crown Grant, District Part Te Wharau, and part Kohinurakau Blocks 3.9337 hectares Certificate of Title E4/1121
Borough of Woodville, Town Section 75, Woodville 885 square metres Certificate of Title F3/1094
Wellington Land District
Part Sections 455, 56 and 707 Hutt District and being also Lot 18 on Lot 22521, Part Lot 2, Deposited Plan 6860 and Part Lot 2, Deposited Plan 8182, situated in City of Lower Hutt 6.9782 hectares Certificate of Title D1/547
Lot 1, Deposited Plan 61858 3350 square metres Certificate of Title 31A/317
Situated partly in the City of Wellington and partly Blocks III Port Nicholson Survey District and Block IX Belmont Survey District being part section 135 Ohariu District and being also Lot 2 Deposited Plan 27542 29.29 hectares Certificate of Title 10A/838
Situated in the City of Wellington being Part Section 94, Ohariu District 6.0275 hectares Certificate of Title 13C/999
City of Wanganui, Section 351, Right Bank Wanganui River 2.2763 hectares Certificate of Title 12C/965
County of Masterton, Lot 1 Deposited Plan 59378 6999 square metres Certificate of Title 32A/765
City of Lower Hutt part Sections 55 and 707 Hutt District being also Lot 9 Deposited Plan 22521 547 square metres Certificate of Title 18B/1243
Lot 4 Deposited Plan 45579 part section 66 Hutt District 955 square metres Certificate of Title D2/1159
Nelson Land District
City of Nelson, Section 31 Block D, Wakatu District 1801 square metres Certificate of Title 3C/881
Blocks VI and X Kawatiri Survey District   Easement 3B/1054
Part Block IX Kawatiri Survey District   Lease 3B/34
Westland Land District
Rural Section 5640, Block I, Cobden Survey District 600 square metres Lease 5C/829
Canterbury Land District
City of Christchurch, Town Section 679 1029.4 square metres Certificate of Title 222/202
Block VIII Part Run 284, Waihao Survey District 11.5158 hectares Certificate of Title 8F/956
City of Christchurch, Town Section 677, Part Town Sections 671, 672 an 676, part being described as Lot 3 on Deposited Plan 5628 and Lot 2 on Deposited Plan 9865 1947 square metres Certificate of Title 1C/1172
Otago Land District
Lots 2 and 3, Deposited Plan 6275, Part Section 10, Block XV Town of Dunedin, and part reserve No. 4 and part land between Reserve and High Street 1624 square metres Certificate of Title B1/357
Sections 31 and 32, Block I and Section 31 Block IV Kuriwao District 51.3154 hectares Certificate of Title 3B/435
Section 68 Block II, Cairnhill Survey District 2.2210 hectares Lease 10A/399
Section 48, Block IX, Tarras Survey District 4800 square metres Lease 9A/222
Section 1, Block IV, Naseby Survey District 6650 square metres Lease 8D/701
Lot 1 on Deposited Plan 10292 1419 square metres Leasehold Certificate of Title B1/584
Southland Land District
Lot 2, Deposited Plan 8310 being part section 65 Block VI Waimumu Hundred 13.0840 hectares Certificate of Title 5A/398

Schedule 2
Other assets

cl 4(c)

The following assets:

  • (a) all stocks of consumable items that on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988, and that at the close of 31 May 1994 are—

    • (i) still vested in the Crown; and

    • (ii) held (whether by the Crown or by the company) for use in relation to the business of the company; and

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

    • (i) on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (ii) at the close of 31 May 1994 are still vested in the Crown; and

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

    • (i) on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (ii) at the close of 31 May 1994 are still vested in the Crown; and

  • (d) all 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 business of the company, or to business activities carried on by the former corporation that were analogous to the business of the company, that—

    • (i) on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (ii) at the close of 31 May 1994 are still vested in the Crown; and

  • (e) all shares in TVNZ Investments Limited (formerly Television Two Telethon Limited), South Pacific Pictures Limited, Avalon Studios Limited (formerly Broadcasting Properties Limited), Moving Pictures Limited (formerly South Pacific Television Corporation Limited), or Reuters Television Limited (formerly Visnews Limited) that—

    • (i) on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (ii) at the close of 31 May 1994 are still vested in the Crown.

Schedule 3
Liabilities

cl 5

The following liabilities:

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

    • (i) on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (ii) at the close of 31 May 1994 are still vested in the Crown; and

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

    • (i) on 1 December 1988 vested in the Crown under section 5(b) of the Broadcasting Amendment Act (No 2) 1988; and

    • (ii) at the close of 31 May 1994 are still vested in the Crown.

Martin Bell,
Acting for 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, Television New Zealand Limited (a State enterprise) on 1 June 1994. 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 Television New Zealand to issue to its shareholders 136 900 000 fully paid up ordinary $1 shares.


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

Date of notification in Gazette: 28 April 1994.


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 Television New Zealand (Assets) Order 1994. The reprint incorporates all the amendments to the order as at 29 April 1994, 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)