New Zealand Legislation: Regulations
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as at 13 December 2002
(SR 2002/393)
Silvia Cartwright, Governor-General
At Wellington this 9th day of December 2002
Present:
The Right Hon Helen Clark presiding in Council
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 Health.
Pursuant to sections 2(6) and 5 of the Health Sector (Transfers) Act 1993, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.
This order is the Health Sector Transfers (Wellington City Council) Order 2002.
This order comes into force on 19 December 2002.
The Wellington City Council is declared to be a transferee for the purposes of the Health Sector (Transfers) Act 1993.
The proposal set out in the Schedule is approved.
It is declared that, on and from 19 December 2002,—
(a) every reference to Capital and Coast DHB (a district health board established by the New Zealand Public Health and Disability Act 2000) in any notice or document (other than an enactment) that relates to the assets transferred by this order is deemed to be a reference to the Wellington City Council; and
(b) Wellington City Council assumes any rights and obligations of Capital and Coast DHB under applications, objections, or proceedings that—
(i) relate to the assets transferred by this order; and
(ii) are pending on 19 December 2002 before any court, authority, or other person; and
(c) this order is deemed to be notice to all persons, and specific notice need not be given to any authority or other person.
Schedule |
This proposal, which has been agreed to by the Wellington City Council, has been prepared in accordance with section 5 of the Health Sector (Transfers) Act 1993 to transfer from Capital and Coast DHB to the Wellington City Council 2 areas of land in Wellington that were formerly part of the land known as the Chest Hospital land. As soon as practicable after the transfer date, the Wellington City Council will be required to preserve the open space character of the larger area of land and give the public access to the land. Although the land will not legally form part of the Wellington Town Belt, the intention is that members of the public will be able to enjoy the land together with the surrounding Town Belt.
Because buildings are located on the smaller area of land, it must, for the time being, be treated separately from the larger area. However, the intention is that, in the longer term, the smaller area of land will be treated in substantially the same way as the larger area.
In this proposal, unless the context otherwise requires,—
Council means the Wellington City Council
DHB means Capital and Coast DHB, a district health board established by the New Zealand Public Health and Disability Act 2000
larger area of land means all that parcel of land containing an area of approximately 2.3028 hectares, being lot 3 on land transfer plan 316137, and being part of the land comprised and described in certificate of title 45C/357 (Wellington Registry)
reserve lands means the larger area of land and the smaller area of land
smaller area of land means all that parcel of land containing an area of approximately 8973 square metres, being lot 4 on land transfer plan 316137, and being part of the land comprised and described in certificate of title 45C/357 (Wellington Registry).
The transferor is the DHB.
The transferee is the Council.
The assets to be transferred are the DHB’s estates and interests in the reserve lands.
For the purposes of the transfer, the value attributed to the assets referred to in clause 5 is nil as at the transfer date.
The assets referred to in clause 5 are transferred without the DHB receiving any asset in return.
The transfer date is 19 December 2002.
(1) The provisions of this clause constitute obligations of the Council in relation to the larger area of land.
(2) The Council must preserve the open space character of the land.
(3) As soon as practicable after the transfer date, the Council must promote a new classification or purpose of the land under the Reserves Act 1977—
(a) that is consistent with its obligation under subclause (2); and
(b) that, subject to any restrictions that may be imposed under that Act, gives the public access to the land.
(1) The provisions of this clause constitute obligations of the Council in relation to the smaller area of land.
(2) As soon as practicable after the transfer date, the Council must promote a new classification or purpose of the land under the Reserves Act 1977 that is consistent with any lawful restriction on the use of the land.
(3) In the event that the land becomes vacant land, the Council must—
(a) carry out any work required to give the land the character of open space land; and
(b) then preserve the open space character of the land.
(4) As soon as practicable after the occurrence of the event referred to in subclause (3), the Council must promote a new classification or purpose of the land under the Reserves Act 1977—
(a) that is consistent with its obligation under subclause (3)(b); and
(b) that, subject to any restrictions that may be imposed under that Act, gives the public access to the land.
(5) Subclause (4) prevails over subclause (2).
(1) The provisions of this clause constitute obligations of the Council in relation to the reserve lands.
(2) The Council must not seek, and must object to any other person seeking, the revocation of the status of the reserve lands or any portion of those lands as reserves under the Reserves Act 1977.
(3) The Council must not transfer, or agree to transfer, its estates in fee simple in the reserve lands.
This proposal is dated 3 December 2002 and is signed by the transferring Ministers, Annette Faye King, Minister of Health, and Michael John Cullen, Minister of Finance.
Annette Faye King,
Minister of Health
Michael John Cullen,
Minister of Finance
Marie Shroff,
Clerk of the Executive Council.
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 19 December 2002, enables assets or liabilities within the health sector to be transferred to the Wellington City Council by giving the Council the status of a transferee under the Health Sector (Transfers) Act 1993.
The order transfers to the Wellington City Council 2 areas of land that were hospital grounds in the past. Although no longer used for hospital purposes, the areas are included in land classified under the Reserves Act 1977 as a reserve for the health and disability sector.
After the commencement of this order, Wellington City Council will be required to seek reclassifications under the Reserves Act 1977 of the areas of land transferred by this order. For the larger area, which is open land, the Council must seek a classification that preserves the open space character of the land and gives the public access to the land. For the smaller area, the Council may seek a more flexible classification under the Reserves Act 1977. However, in the event that the smaller area becomes vacant land, that area will have to be treated in the same way as the larger area.
Date of notification in Gazette: 12 December 2002.
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)
This is a reprint of the Health Sector Transfers (Wellington City Council) Order 2002. The reprint incorporates all the amendments to the order as at 13 December 2002, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
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.
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.
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).
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