Television New Zealand (Separation of Transmission Business) Order 2003

Reprint
as at 21 November 2003

Crest

Television New Zealand (Separation of Transmission Business) Order 2003

(SR 2003/323)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 17th day of November 2003

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 Ministry for Culture and Heritage.


Pursuant to section 9 of the Television New Zealand Act 2003 and section 10A of the State-Owned Enterprises Act 1986, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the shareholding Ministers, makes the following order.

Order

1 Title
  • This order is the Television New Zealand (Separation of Transmission Business) Order 2003.

2 Commencement
  • This order comes into force on 31 December 2003.

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

    separation proposal means the document prepared by TVNZ in accordance with section 8 of the Act entitled Separation Proposal, dated 4 November 2003, and submitted by TVNZ to the shareholding Ministers on 6 November 2003

    TVNZ means the company Television New Zealand Limited.

4 Approval of separation proposal
  • The separation proposal, providing for Transmission Holdings Limited to be separated from TVNZ and to become a new State enterprise subject to the State-Owned Enterprises Act 1986, is approved.

5 Effective date for separation of transmission business
  • The effective date for Transmission Holdings Limited to be separated from TVNZ is on 31 December 2003.

6 Transmission Holdings Limited becomes subject to Ombudsmen Act 1975
  • Amendment(s) incorporated in the Act(s).

7 Transmission Holdings Limited becomes subject to Official Information Act 1982
  • Amendment(s) incorporated in the Act(s).

8 Transmission Holdings Limited becomes subject to Schedule 18 of Income Tax Act 1994
  • Amendment(s) incorporated in the Act(s).

9 Transmission Holdings Limited added to Schedules 1 and 2 of State-Owned Enterprises Act 1986
  • Amendment(s) incorporated in the Act(s).

Diane Morcom,
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 comes into force on 31 December 2003, provides for Transmission Holdings Limited (THL) (the company which, through its subsidiaries, holds and operates the transmission business of Television New Zealand Limited (TVNZ)) to be separated from TVNZ, and to become a State enterprise, on 31 December 2003.

The order does this by approving the separation proposal prepared by TVNZ in accordance with section 8 of the Television New Zealand Act 2003, dated 4 November 2003, and submitted by TVNZ to the shareholding Ministers on 6 November 2003.

The effect of this is that, under that Act, on 31 December 2003,—

  • THL becomes a State enterprise; and

  • all of the shares in THL transfer to the shareholding Ministers; and

  • the property, rights, and liabilities held by THL and its subsidiary companies are transferred out of TVNZ.

Also, under the order, on 31 December 2003,—

  • THL becomes subject to the Ombudsmen Act 1975; and

  • THL becomes subject to the Official Information Act 1982; and

  • THL is added to Schedule 18 of the Income Tax Act 1994, which means that it will be taxed as a State enterprise; and

  • THL is added to Schedules 1 and 2 of the State-Owned Enterprises Act 1986.


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

Date of notification in Gazette: 20 November 2003.


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 (Separation of Transmission Business) Order 2003. The reprint incorporates all the amendments to the order as at 21 November 2003, 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.

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/legislation/reprints.shtml or Part 8 of the Tables of 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)