State-Owned Enterprises (Contact Energy Limited) Vesting Order 2010

2010/456

Crest

State-Owned Enterprises (Contact Energy Limited) Vesting Order 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 13th day of December 2010

Present:
His Excellency the Governor-General in Council

Pursuant to section 28(1)(a) and (h) of the State-Owned Enterprises Act 1986, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the State-Owned Enterprises (Contact Energy Limited) Vesting Order 2010.

2 Commencement
  • This order comes into force on the 28th day after the date of its notification in the Gazette.

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

    agreements means the agreements entered into pursuant to section 23(1)(c) of the Act and described in the Schedule

    assets and liabilities means the assets and liabilities referred to in the agreements

    register means, as the context requires,—

    Registrar means the Registrar-General of Land.

4 Vesting of assets and liabilities in Contact Energy Limited
  • (1) For the purpose of facilitating the transfer of the assets and liabilities to Contact Energy Limited pursuant to the Act, the assets and liabilities are vested in Contact Energy Limited.

    (2) To avoid doubt, the vesting under subclause (1) does not affect the status or effect of the agreements, either before or after this order comes into force.

5 Registration
  • (1) For the purpose of facilitating the transfer of the assets and liabilities to Contact Energy Limited pursuant to the Act, the Registrar is directed to—

    • (a) register the agreements; and

    • (b) incorporate a copy of the agreements into the register; and

    • (c) do all other things necessary to facilitate the registration of the agreements.

    (2) To avoid doubt, subclause (1) applies despite the fact that—

    • (a) the Registrar may not otherwise have the power to register the agreements; or

    • (b) the agreements may not otherwise be registrable.


Schedule 
Agreements pursuant to section 23(1)(c) of State-Owned Enterprises Act 1986

cl 3

  • 1The Wairakei Geothermal Special Purpose Lease, dated 8 November 2006 and granted pursuant to section 23(1)(c) of the State-Owned Enterprises Act 1986 by the Minister of Finance and the Minister for State Owned Enterprises to Contact Energy Limited for a term of 99 years from 1 April 1989 on the terms set out in the lease, in respect of the following land in the South Auckland Registry:

    • (a)Area A1, being 324.8800 ha, section 4 SO 355555:

    • (b)Area A2, being 359.8300 ha, section 7 SO 355555:

    • (c)Area A3, being 2.0047 ha, section 15 SO 355555.

  • 2The Wairakei Geothermal and Electricity Easement, dated 8 November 2006 and granted pursuant to section 23(1)(c) of the State-Owned Enterprises Act 1986 by the Minister of Finance and the Minister for State Owned Enterprises to Contact Energy Limited in gross and in perpetuity on the terms and conditions set out in the easement, in respect of the following land (the servient tenement) in the South Auckland Registry:

    • (a)sections 2 to 5 and 7 to 10, SO 61681:

    • (b)sections 1 to 10 and 12 to 16, SO 355555.

  • 3The Variation of Wairakei Geothermal and Electricity Easement, dated 8 November 2006 and granted pursuant to section 23(1)(c) of the State-Owned Enterprises Act 1986 by the Minister of Finance and the Minister for State Owned Enterprises to Contact Energy Limited on the terms and conditions set out in the variation, in respect of the Wairakei Geothermal and Electricity Easement and in respect of the following land (the easement variation area):

    • (a)sections 2 to 5 and 7 to 10, SO 61681:

    • (b)sections 1, 2, 3, 5, 6, 8 to 14, and 16, SO 355555.

  • 4The Wairakei Geothermal Encumbrance, dated 8 November 2006 and granted pursuant to section 23(1)(c) of the State-Owned Enterprises Act 1986 by the Minister of Finance and the Minister for State Owned Enterprises to Contact Energy Limited from 8 November 2006 on the terms set out in the encumbrance, in respect of the following land:

    • (a)Karetoto, 50.2926 ha, being section 12 (4.0274 ha), section 13 (1.5402 ha), section 14 (11.3130 ha), and section 16 (33.4120 ha), SO 355555:

    • (b)South Wairakei Forest, 293.1600 ha, being section 8, SO 355555:

    • (c)Part Aratiatia Flat, 99.6 ha, being section 9, SO 61681.

Rebecca Kitteridge,
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 the 28th day after the date of its notification in the Gazette, is required for the purpose of facilitating the transfer of certain assets and liabilities from the Crown to Contact Energy Limited (Contact) under the State-Owned Enterprises Act 1986 (the Act). Despite the fact that Contact is now a privately owned company, section 3(4) of the State-Owned Enterprises (Contact Energy Limited) Amendment Act 1998 applies, which means that sections 23 to 30 of the Act, and this order, continue to apply to Contact as if it were still a State enterprise.

The assets and liabilities are those that were the subject of grants made by way of 4 agreements entered into by the Crown and Contact under section 23(1)(c) of the Act. The combined effect of the grants and the vesting of the assets and liabilities under this order is to complete the transfer of the assets and liabilities to Contact, and to enable registration of the agreements to take place.

Clause 4(1) vests the assets and liabilities in Contact. Clause 4(2) provides that, to avoid doubt, the vesting under clause 4(1) does not affect the status or effect of the agreements, either before or after this order comes into force.

Clause 5(1) directs the Registrar-General of Land to register the agreements. This provision is necessary because the agreements provide for registration but, as the assets and liabilities relate to interests in Crown land, they may not otherwise be registrable.


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

Date of notification in Gazette: 16 December 2010.

This order is administered by the Treasury.