State-Owned Enterprises Amendment Act 1987
State-Owned Enterprises Amendment Act 1987
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State-Owned Enterprises Amendment Act 1987
State-Owned Enterprises Amendment Act 1987
Public Act |
1987 No 117 |
|
Date of assent |
1 July 1987 |
|
Contents
An Act to amend the State-Owned Enterprises Act 1986
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the State-Owned Enterprises Amendment Act 1987, and shall be read together with and deemed part of the State-Owned Enterprises Act 1986 (hereinafter referred to as the principal Act).
(2)
Except as provided in sections 10 and 11 of this Act, this Act shall be deemed to have come into force on the 1st day of April 1987.
2 Interpretation
(1)
Section 2 of the principal Act is hereby amended by inserting, after the definition of the term “Crown”
, the following definition:
“‘Equity bond’ means a State enterprise equity bond issued pursuant to section 12 of this Act:”
(2)
Section 2 of the principal Act is hereby further amended by adding to paragraph (a) of the definition of the term “share”
the words “(but, except in sections 14 and 22 of this Act, does not include an equity bond)”
.
3 Ministers may hold shares and equity bonds in new State enterprises
The principal Act is hereby amended by repealing section 10, and substituting the following section:
“10
“(1)
The Minister of Finance and the responsible Minister may from time to time, on behalf of the Crown, subscribe for or otherwise acquire shares or equity bonds, or both, in the companies named, or to be formed with the names specified, in the Second Schedule to this Act.
“(2)
The number of shares, and the number of equity bonds, held by a shareholding Minister in a company named in the Second Schedule to this Act shall be the same as the number of shares or equity bonds, as the case may be, in that company held by the other shareholding Minister thereof.
“(3)
Any money required to be paid by a shareholding Minister on subscribing for or otherwise acquiring shares or equity bonds pursuant to subsection (1) of this section shall be paid out of money appropriated by Parliament for the purpose.”
4 State enterprise equity bonds
(1)
Section 12(1) of the principal Act is hereby amended by omitting the words “section 11 of this Act or any other enactment”
, and substituting the words “any other enactment or rule of law”
.
(2)
Section 12(2) of the principal Act is hereby amended by adding to paragraph (e) the words “or as are determined by the shareholding Ministers for the company issuing the bonds”
.
5 Provision of information by State enterprises
Section 18 of the principal Act is hereby amended—
(a)
By inserting in subsection (1), after the words “affairs of the State enterprise”
, the words “or any of its subsidiaries”
:
(b)
By omitting from subsection (2) the words “or any other person”
, and substituting the words “or of any subsidiary thereof, or any other person,”
.
6 Transfer of Crown assets and liabilities to State enterprises
(1)
Section 23(1) of the principal Act is hereby amended by inserting, after paragraph (b), the following paragraph:
“(ba)
Vest in the State enterprise any rights conferred by designations under operative district schemes applying to land transferred to the State enterprise:”.
(2)
Section 23 of the principal Act is hereby further amended by repealing subsection (9), and substituting the following subsections:
“(9)
Where a designation under an operative district scheme is vested in a State enterprise pursuant to this Act—
“(a)
The designation shall remain in force until the next review of the district scheme, and shall then lapse; and
“(b)
Sections 82 and 83 and Part VI of the Town and Country Planning Act 1977 shall apply to the designation as if the State enterprise were a local authority and had made the requirement consequent upon which the designation was made:
“Provided that where the designation was made under section 43(1)(d) or section 118(1)(d) of the Town and Country Planning Act 1977 the designation shall be included in the district scheme when it is next reviewed.
“(9a)
Where any land is transferred under this section but the designation in respect of that land is not vested pursuant to this Act, any use of that land which is established at the date of the transfer shall be deemed to be a use permitted as of right under the Town and Country Planning Act 1977 until the next review of the operative district scheme. To the extent that any use which would be lawful under the designation has not been established by the date of the transfer of the land, the designation shall be deemed to be a consent under Part IV of the Town and Country Planning Act 1977 granted as at the date of transfer and section 70 of that Act shall apply accordingly.
“(9b)
Where any requirement has been made under section 43 or section 118 of the Town and Country Planning Act 1977 in respect of any work which has been transferred to a State enterprise pursuant to this Act, the procedures specified in the Town and Country Planning Act 1977 may be completed as if the Minister of Works and Development continued to be financially responsible for the work and as if the work were a public work.”
7 Provisions relating to transfer of land
(1)
Section 24(2) of the principal Act is hereby amended by adding the words “pursuant to section 23(1)(a) of this Act”
.
(2)
Section 24 of the principal Act is hereby further amended by adding the following subsection:
“(5)
Nothing in this Act or in any transfer of land to a State enterprise pursuant to this Act shall derogate from the provisions of—
“(a)
Section 3 of the Petroleum Act 1937:
“(b)
Section 8 of the Atomic Energy Act 1945:
“(c)
Section 3 of the Geothermal Energy Act 1953:
“(d)
Sections 6 and 8 of the Mining Act 1971:
“(e)
Sections 5 and 261 of the Coal Mines Act 1979.”
8 Land certification
Section 26 of the principal Act is hereby amended by inserting in subsection (1), and also in subsection (2), after the words “Director-General of Survey and Land Information”
, the words “or any Chief Surveyor”
.
9 Transitional arrangements
(1)
Section 32(2) of the principal Act is hereby amended by adding the following proviso:
“Provided that where any negotiations or action had been commenced before the close of the 31st day of December 1987 in respect of the taking or acquisition of any land that is to be transferred by the Crown to a State enterprise pursuant to section 23 of this Act, the taking or acquisition may be continued and concluded as if the land were required for a public work.”
(2)
Section 32 of the principal Act is hereby amended by adding the following subsections:
“(5)
Notwithstanding subsection (2) of this section, the Governor-General may by Order in Council declare that Part III of the Fourth Schedule to this Act or any part thereof shall continue to have effect after the 31st day of December 1987 until a date specified in the order, being a date no later than the 31st day of December 1988; and any such Order in Council shall have effect according to its tenor.
“(6)
Notwithstanding anything in this or any other Act, or any rule of law, any proceedings commenced (whether before or after the commencement of this Act) in any Court or Tribunal, in respect of the exercise or intended exercise of any power to which this section applies, may be continued and determined in respect of land (whether or not the land is transferred to a State enterprise) as if the land were still owned by the Crown.”
10 First Schedule
(1)
The First Schedule to the principal Act is hereby amended by omitting the words “Petroleum Corporation of New Zealand Limited”
.
(2)
This section shall come into force on the day on which this Act receives the Governor-General’s assent.
11 Consequential amendments
(1)
The enactments specified in the First Schedule to this Act are hereby amended in the manner indicated in that Schedule.
(2)
Part A of the First Schedule to this Act shall be deemed to have come into force on the 1st day of April 1987.
(3)
Part B of the First Schedule to this Act shall come into force on the day on which this Act receives the Governor-General’s assent.
(4)
Part C of the First Schedule to this Act shall come into force on the 1st day of January 1988.
12 Repeals consequential upon provisions of principal Act
The enactments specified in the Second Schedule to this Act are hereby repealed.
SCHEDULES
FIRST SCHEDULE Enactments Amended
Section 11(1)
Part A (Which is deemed to have come into force on the 1st day of April 1987)
| Title | Amendment |
|---|---|
| 1937, No. 27—The Petroleum Act 1937 (R.S. Vol. 7, p. 647) | By omitting from section 4(2)(b) (as amended by section 65(1) of the Conservation Act 1987), the words “the Minister within the meaning of section 2(1a) of the Harbours Act 1950”, and substituting the words “the Ministers of Transport and Conservation”. |
| 1947, No. 35—The Masterton Licensing Trust Act 1947 (R.S. Vol. 3, p. 445 | By omitting from section 42(b) the words “Post Office Savings Bank”, and substituting the words “Post Office Bank Limited”. |
| 1948, No. 63—The Valuers Act 1948 (R.S. Vol. 11, p. 723) | By omitting from section 37(7) the words “in the Post Office Savings Bank or”. |
| 1948, No. 64—The Land Act 1948 (Reprinted 1972, Vol. 2, p. 1557) | By inserting in section 116, after the words “Director-General of Survey and Land Information”(as inserted by section 32(1) of the State-Owned Enterprises Act 1986), wherever they occur, the words “or any Chief Surveyor”. |
By inserting in section 167(1) (as amended by section 65(1) of the Conservation Act 1987), after the words “may from time to time”, the words “with the prior consent in writing of the Minister of Lands”. | |
| 1949, No. 24—The Education Lands Act 1949 (R.S. Vol. 6, p. 237) | By omitting from section 18 the words “Commissioner of Crown Lands for the land district in which the land is situated”, and substituting the words “Director-General of Lands”. |
| 1949, No. 43—The Licensing Trusts Act 1949 (R.S. Vol. 3, p. 289) | By omitting from section 42(b) the words “Post Office Savings Bank”, and substituting the words “Post Office Bank Limited”. |
| 1950, No. 33—The Invercargill Licensing Trust Act 1950 (R.S. Vol. 3, p. 19) | By omitting from section 44(b) the words “Post Office Savings Bank”, and substituting the words “Post Office Bank Limited”. |
| 1950, No. 34—The Harbours Act 1950 (R.S. Vol. 2, p. 551) | By repealing section 117(1)(d). |
By omitting from sections 165(1) (as amended by section 65(1) of the Conservation Act 1987), 165(10)(c) (as amended by section 65(1) of the Conservation Act 1987) and 165(10A) (as amended by section 65(1) of the Conservation Act 1987) the words “of Conservation”. | |
By omitting from section 165(9) the word “Minister”, and substituting the words “Ministers of Conservation and Transport jointly”. | |
|
By repealing paragraph (b) of section 175(3) (as substituted by section 65(1) of the Conservation Act 1987), and substituting the following paragraphs: “(b)The Order in Council is made on the recommendation of the Minister of Conservation with the approval of the Minister of Transport, where the reclamation is proposed outside port boundaries: “(c)The Order in Council is made on the recommendation of the Ministers of Conservation and Transport jointly in every other case:”. | |
By omitting from section 175(3A) (as inserted by section 65(1) of the Conservation Act 1987) the words “subsection (3)”, and substituting the words “subsection (3)(b)”. | |
By inserting in section 175, after subsection (3A) (as inserted by section 65(1) of the Conservation Act 1987), the following subsection: “(3B) The Minister of Transport shall not make a recommendation under subsection (3)(a) of this section unless satisfied that the reclamation concerned will not interfere with or adversely affect the interest of the public, or interfere with or restrict any public right of navigation.” | |
By omitting from sections 238(1) (as amended by section 65(1) of the Conservation Act 1987) and 241a(1) (as amended by section 65(1) of the Conservation Act 1987) the words “Conservation made after consultation with the Minister of Transport”, and substituting the words “Transport made after consultation with the Minister of Conservation”. | |
| 1951, No. 19—The Valuation of Land Act 1951 (Reprinted 1970, Vol. 3, p. 2615) | By omitting from section 31(1)(b) the words “The Post Office”. |
| 1952, No. 52—The Land Transfer Act 1952 (Reprinted 1970, Vol.3, p. 1991) | By omitting from the definition of the term “Surveyor-General”in section 2 and from section 167(1) the words “Land Act 1948”, and substituting in each case the words “Survey Act 1986”. |
| 1953, No. 31—The Wildlife Act 1953 (R.S. Vol. 7, p. 819) | By omitting from section 34(1) (as amended by section 8 of the Wildlife Amendment Act 1983) the words “and to the Director-General of Agriculture and Fisheries”. |
| 1953, No. 94—The Maori Affairs Act 1953 (R.S. Vol. 8, p. 13) | By inserting in section 376A(1)(b), after the words “Minister of Forests”, the words “or New Zealand Forestry Corporation Limited”. |
| 1956, No. 61—The Trustee Act 1956 (R.S. Vol. 15, p. 615) | By omitting from section 4(3) the words “Land Settlement Board”, and substituting the words “Director-General of Lands or Lands Corporation Limited”. |
| 1957, No. 36—The Public Trust Office Act 1957 (Reprinted 1976, Vol. 5, p. 4361) | By repealing section 18(3)(a). |
By omitting from section 32(1)(g) the words “the Post Office Savings Bank established under the Post Office Act 1959”, and substituting the words “Post Office Bank Limited”. | |
By omitting from paragraph (k) of section 32(1) the words “Land Settlement Board”, and substituting the words “Director-General of Lands or Lands Corporation Limited”. | |
By omitting from section 33 the words “Land Settlement Board”wherever they occur, and substituting in each case the words “Director-General of Lands or Lands Corporation Limited”. | |
| 1959, No. 90—The Maori Purposes Act 1959 (R.S. Vol. 8, p. 547) | By omitting from the definition of the term “the said stream”in section 3 the words “Department of Lands and Survey”, and substituting the words “Department of Survey and Land Information”. |
By omitting from section 4(7)(h) the words “section 34 of the Land Act 1948”, and substituting the words “section 61 of the Survey Act 1986”. | |
| 1959, No. 100—The Iron and Steel Industry Act 1959 (R.S. Vol. 9, p. 187) | By omitting from section 11 (as amended by section 6(2)(a) of the Ministry of Transport Amendment Act 1972) the word “Transport”, and substituting the word “Conservation” |
By adding to section 11 (as so amended) the words “or in order to preserve aquatic life”. | |
| 1962, No. 135—The Transport Act 1962 (R.S. Vol. 16, p. 659) | By omitting from section 81(1) the words “by telegram”. |
| By repealing section 81(2). | |
| 1962, No. 139—The Sale of Liquor Act 1962 (R.S. Vol. 9, p. 201) | By omitting from section 19(b) the words “Post Office Savings Bank”, and substituting the words “Post Office Bank Limited”. |
| 1964, No. 135—The Education Act 1964 (Reprinted 1975, Vol. 3, p. 1699) | By omitting from section 147(1) the words “the Post Office”, and substituting the words “New Zealand Post Limited”. |
| 1966, No. 19—The Customs Act 1966 (R.S. Vol. 2, p. 57) | By omitting from section 305(3) the words “the Post Office under the Post Office Act 1959”, and substituting the words “New Zealand Post Limited”. |
| 1969, No. 52—The Administration Act 1969 | By omitting from the definition of the term “bank”in section 65(1) the words “the Post Office Savings Bank established under the Post Office Act 1959”, and substituting the words “Post Office Bank Limited”. |
| 1971, No. 15—The Marine Reserves Act 1971 | By omitting from sections 4(3) and 4(5) (as amended by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972) the words “of Agriculture and Fisheries”. |
By omitting from section 5(1)(a) (as amended by section 80(1) of the National Parks Act 1980) the words “or the Director-General of Lands”. | |
| 1971, No. 25—The Mining Act 1971 (R.S. Vol. 17, p. 355) | By omitting from the definition of the term “Chief Surveyor”in section 5(1) the words “Land Act 1948”, and substituting the words “Survey Act 1986”. |
| By repealing section 26(10) (as substituted by section 65(1) of the Conservation Act 1987). | |
By omitting from section 27(1) (as amended by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972 and section 14(2)(b) of the Mining Amendment Act 1981 and section 65(1) of the Conservation Act 1987) the words “given with the concurrence of the Minister of Agriculture and Fisheries and the Minister of Conservation has”, and substituting the words “, and the written consent of the Minister of Conservation given with the concurrence of the Minister of Agriculture and Fisheries, each have”. | |
By repealing section 27(2) (as amended by section 6(1) of the Ministry of Agriculture and Fisheries Amendment Act 1972 and section 65(1) of the Conservation Act 1987), and substituting the following subsection: “(2) The Minister of Transport, and the Minister of Conservation acting with the concurrence of the Minister of Agriculture and Fisheries, may each refuse to consent or may give their consent unconditionally or subject to such terms and conditions as they each think fit to impose.” | |
| 1971, No. 28—The Unclaimed Money Act 1971 | By omitting from the definition of the term “savings bank”(as amended by section 14(4) of the State Services Conditions of Employment Amendment Act 1987) the words “New Zealand Post Limited, a company duly incorporated under the Companies Act 1955 pursuant to the State-Owned Enterprises Act 1986”, and substituting the words “Post Office Bank Limited”. |
| 1971, No. 29—The Marine Farming Act 1971 | By inserting in sections 3(5)(a) (as amended by section 65(1) of the Conservation Act 1987), 13(9)(a) (as amended by section 65(1) of the Conservation Act 1987), 28(3)(a) (as amended by section 65(1) of the Conservation Act 1987), 28(5) (as amended by section 65(1) of the Conservation Act 1987), after the words “Minister of Conservation”, the words “and the Minister of Transport”. |
By omitting from section 6(3)(b) (as amended by section 80(1) of the National Parks Act 1980) the words “the Minister of Lands and”. | |
By omitting from section 30(2), and also from section 31(2), the words “and the head office of the Department of Conservation at Wellington”(as inserted by section 65(1) of the Conservation Act 1987), and substituting in each case the words “and the regional office of the Department of Conservation, the territorial boundary of which encompasses the leased or licensed area”. | |
| 1971, No. 51—The Stamp and Cheque Duties Act 1971 | By repealing section 79(1)(i). |
| 1974, No. 45—The Farm Ownership Savings Act 1974 (Reprinted 1977, Vol. 5, p. 3685) | By repealing paragraph (a) of the definition of the term “(a)Post Office Bank Limited:”. |
| 1974, No. 51—The Home Ownership Savings Act 1975 (Reprinted 1977, Vol. 5, p. 3893) | By repealing paragraph (a) of the definition of the term “(a)Post Office Bank Limited:”. |
| 1974, No. 66—The Local Government Act 1974 (R.S. Vol. 5, p. 77) | By omitting from section 243(1) the words “Land Act 1948”, and substituting the words “Survey Act 1986”. |
By omitting from section 289 (as amended by section 65(1) of the Conservation Act 1987) the word “Lands”wherever it occurs, and substituting in each case the word “Conservation”. | |
| 1975, No. 31—The New Zealand Walkways Act 1975 | By omitting from section 4(2)(a) the words “of Lands”. |
By repealing paragraphs (a) and (b) of section 28(2), and substituting the following paragraph: “(a)An officer of the Department of Conservation, on the recommendation of the Director-General:”. | |
| 1976, No. 9—The Real Estate Agents Act 1976 | By adding to section 3(2) the following paragraph: “(e)On or before the 31st day of March 1989, being Government Property Services Limited or any subsidiary thereof or in either case an employee thereof, he, she or it acts for reward as agent for the Crown or any State enterprise within the meaning of the State-Owned Enterprises Act 1986 in respect of the sale or other disposal of land or of businesses (either with or without any interest in land) or the purchase or other acquisition of land or of businesses (either with or without any interest in land) or in respect of the leasing or letting of land or in respect of the collection or receipt of rent money.” |
| 1976, No. 64—The Land Tax Act 1976 | By adding to section 27(1)(a) the following subparagraph: “(vi)Any person specified in the Fourteenth Schedule to the Income Tax Act 1976 (as substituted by section 23(1) of the State Services Conditions of Employment Amendment Act 1987):”. |
| 1976, No. 65—The Income Tax Act 1976 (R.S. Vol. 12, p. 1) | By inserting in section 2, after the definition of the term “‘Government Superannuation Fund’ means the fund established under the Government Superannuation Fund Act 1956:”. |
By repealing paragraph (f) of section 150(1), and substituting the following paragraph: “(f)The term ‘subsidised employee superannuation scheme’ means— “(i)A superannuation scheme that is approved by the Government Actuary under Part II of the Superannuation Schemes Act 1976 and classified by the Government Actuary as— “(A)A subsidised employee lump sum superannuation scheme class A fund; or “(B)A subsidised employee lump sum superannuation scheme class B fund; or “(C)A subsidised employee pension superannuation scheme; and “(ii)The Government Superannuation Fund.” | |
| 1977, No. 62—The Fishing Vessel Ownership Savings Act 1977 | By repealing paragraph (a) of the definition of the term “(a)Post Office Bank Limited:”. |
| 1977, No. 66—The Reserves Act 1977 | By repealing section 72(2). |
By omitting from section 72 the words “the Land Settlement Board”wherever they occur, and substituting in each case the words “another person or body”. | |
| 1977, No. 71—The Beer Act 1977 | By omitting from section 50(2) the words “, or before any postmaster or person for the time being lawfully acting in the place of a postmaster,”. |
| 1977, No. 102—The Queen Elizabeth the Second National Trust Act 1977 | By omitting from section 22(3) (as inserted by section 65(1) of the Conservation Act 1987) the words “Land Settlement Board”and “Board”where they appear, and substituting in each case the words “Minister charged with the administration of the land”. |
| 1977, No. 111—The Wild Animal Control Act 1977 | By inserting in section 2 (as amended by section 65(1) of the Conservation Act 1987), in its appropriate alphabetical order, the following definition: “‘Minister’ means the Minister of Conservation:”. |
By omitting from sections 8(4) and 17 the words “State forest land”, and substituting in each case the words “administered by the Department of Conservation under the Conservation Act 1987 or any other enactment”. | |
By omitting from section 43 the words “Forests Act 1949”, and substituting the words “Conservation Act 1987”. | |
| 1978, No. 80—The Marine Mammals Protection Act 1978 | By omitting from section 18(1)(a) (as amended by section 65(1) of the Conservation Act 1987) the word “nearest”. |
| 1979, No. 21—The Coal Mines Act 1979 | By omitting from the definition of the term “Chief Surveyor”in section 2(1) the words “Land Act 1948”, and substituting the words “Survey Act 1986”. |
By inserting, after section 20, the following section: “20a Disposal of Crown coal mining or prospecting operations(1) Notwithstanding any of the provisions of the State-Owned Enterprises Act 1986 or this Act, the Minister may, in respect of any prospecting operation or coal mining operation which is carried on by the Minister under Part IV of this Act before the 1st day of April 1987 and which is not included in any agreement entered into between the Coal Corporation of New Zealand Limited and shareholding Ministers under section 23 of the State-Owned Enterprises Act 1986, sell or otherwise dispose of any such operation on such terms and conditions and in such manner and to such persons as the Minister thinks fit. “(2) Every person to whom a prospecting operation or coal mining operation is sold or otherwise disposed of under subsection (1) of this section is hereby granted a prospecting or mining licence, as the case may be, for that operation for such period and for such area as may be specified by the Minister and otherwise on the same terms and conditions as those applying to licences that may be granted to the Coal Corporation of New Zealand Limited under section 101b of this Act: “Provided that payment of the prescribed deposit or bond shall become due on the date specified by the Minister.” | |
| By repealing section 21(9) (as inserted by section 65(1) of the Conservation Act 1987). | |
By omitting from section 101h (as inserted by section 32(1) of the State-Owned Enterprises Act 1986) the words “coal mining operations”, and substituting the words “coal prospecting operations, coal mining operations, or ancillary coal mining operations”. | |
By omitting from sections 101H(1), 101H(2) and 101H(3) (as inserted by section 32(1) of the State-Owned Enterprises Act 1986) the words “coal mining licence”, and substituting in each case the words “coal prospecting licence under section 33 of this Act, a coal mining licence under section 41 of this Act, or an ancillary coal mining licence under section 56 of this Act, as the case may be,”. | |
By adding to section 101H (as so inserted) the following subsection: “(5) The holder of a coal prospecting licence granted by subsection (1) of this section shall be entitled to apply for and be granted a coal mining licence under section 41 of this Act in respect of land to which the prospecting licence relates, in all respects as if that land was Crown land that is not subject to Part IV of this Act.” | |
By inserting in paragraph (b) of section 110(1), after the word “licences”, the words “(being coal prospecting licences, coal mining licences and ancillary coal mining licences issued pursuant to Part III of this Act)”. | |
By inserting in section 121a(1) (as inserted by section 32(1) of the State-Owned Enterprises Act 1986), after the word “powers”, the words “to carry on the business of coal mining”. | |
| 1981, No. 35—The Public Works Act 1981 | By inserting, after section 187, the following section: “187a Control of use of land transferred to State enterprises“(1) This section applies to any notice issued under section 187 of this Act before the 1st day of April 1987, which relates to a Government work which is transferred (as defined in section 29 of the State-Owned Enterprises Act 1986) pursuant to section 23 of the State-Owned Enterprises Act 1986. “(2) For the purposes of any appeal under section 187(7) of this Act in relation to a notice to which this section applies, section 187(7) of this Act shall apply as if the work were still a Government work, but in all other respects the notice shall be treated as if it related to a local work and as if the State enterprise were a local authority.” |
| 1982, No. 118—The Friendly Societies and Credit Unions Act 1982 | By omitting from the definition of the term “bank”in section 2 the words “the Post Office Savings Bank”, and substituting the words “Post Office Bank Limited”. |
| 1982, No. 181—The Accident Compensation Act 1982 | By omitting from section 9(3)(b) the words “the Post Office Savings Bank”, and substituting the words “Post Office Bank Limited”. |
| 1983, No. 14—The Fisheries Act 1983 | By omitting from section 6(2)(b) (as inserted by section 65(T) of the Conservation Act 1987) the expression “71a”, and substituting the expression “75a”. |
By inserting in section 85(1), after the words “Director-General”, the words “, after consulting the Director-General of Conservation,”. | |
By omitting from the definition of the term “acclimatisation district”in section 2 the words “Internal Affairs”, and substituting the word “Conservation”. | |
By repealing section 75a (as inserted by section 65(1) of the Conservation Act 1987), and substituting the following section: “75a Part V administered in Department of Conservation“(1) This Part of this Act is administered in the Department of Conservation. “(2) In this Part of this Act, unless the context otherwise requires, the term ‘Director-General’ means the Director-General of Conservation.” | |
By inserting in section 104(6) (as substituted by section 27 of the Fisheries Amendment Act 1986), after the words “Director-General”, the words “or of the Minister of Conservation or the Director-General of Conservation”. | |
| 1983, No. 36—The Air Services Licensing Act 1983 | By omitting from section 39(2) the words “the Post Office”in both places where they occur, and substituting in each case the words “New Zealand Post Limited”. |
| 1987, No. 17—The State Services Conditions of Employment Amendment Act 1987 | By omitting from section 14 the words “or the Coal Mines Act 1979”, and substituting the words “the Coal Mines Act 1979, or the New Zealand Railways Corporation Act 1981”. |
| By omitting from the Fourth Schedule the item relating to section 2 of the Unclaimed Money Act 1971. | |
| 1987, No. 65—The Conservation Act 1987 | By repealing the definition of the term “‘Ship’ means a ship, boat, hovercraft, raft, or vessel of any other description used, or designed to be used, in navigation:”. |
By inserting in section 52(3)(e), after the word “natural”, the words “and historic”. | |
By adding to section 65 the following subsection: “(14) Notwithstanding the repeal or amendment of any provision in the Marine Farming Act 1971, the validity, invalidity, effect, or consequences of any thing already done or suffered in respect of any licence, permit, approval, or consent under that Act, shall not be affected: “Provided that any change in requirements as to any consent, renewal, amendment, or any other such matter relating thereto and either provided for by this Act or occurring on or after the 1st day of April 1987 shall be deemed to apply to such licences, permits, approvals, or consents under the Marine Farming Act 1971 as appropriate.” | |
By omitting from the item relating to the Petroleum Act 1937 in the Second Schedule the expression “4(2)(a)”, and substituting the expression “4(2)(b)”. | |
By omitting from the item relating to the Harbours Act 1950 in the Second Schedule the expression “8a(10a), 8a(13),”in the first place where it occurs. | |
By omitting from the item relating to the Hauraki Gulf Maritime Park Act 1967 in the Second Schedule the expression “19(3)”, and substituting the expression “10(3)”. | |
By omitting from the item relating to the Noxious Plants Act 1978 in the Second Schedule— (a)The expression (b)The expression | |
By omitting from the item relating to the Marine Mammals Protection Act 1978 in the Second Schedule— (a)The expression (b)The expression | |
By omitting from the item relating to the Fisheries Act 1983 in the Second Schedule the words “sections 85(1) and”, and substituting the word “section”. | |
By omitting so much of the Second Schedule as relates to— (a)Sections 26(10), 27(1), and 27(2) of the Mining Act 1971: (b)Sections 30(2) and 31(2) of the Marine Farming Act 1971: (c)Section 21(9) of the Coal Mines Act 1979: (d)Section 75a of the Fisheries Act 1983. |
Part B (Which comes into force on the day on which this Act receives the governor-General’s assent)
| Title | Amendment |
|---|---|
| 1977, No. 33—The Ministry of Energy Act 1977 | By repealing section 27, and substituting the following section: “27 Annual report and accounts of Petroleum Corporation of New Zealand Limited“(1) As soon as practicable after the end of each financial year of the Petroleum Corporation of New Zealand Limited, that company shall send to the Minister a report of its operations for that financial year together with a copy of its audited financial statements for that financial year. “(2) A copy of the report and financial statements shall be laid before the House of Representatives.” |
| By repealing the Third Schedule. | |
| 1977, No. 110—The Higher Salaries Commission Act 1977 | By omitting from Part I of the First Schedule (as substituted by section 3 of the Higher Salaries Commission Amendment Act 1980) the following items: “Natural Gas Corporation of New Zealand Limited. “Offshore Mining Company Limited. “Petroleum Corporation of New Zealand Limited. “Petroleum Corporation of New Zealand (Exploration) Limited.” |
| 1982, No. 156—The Official Information Act 1982 | By omitting from the First Schedule (as substituted by section 23(1) of the Official Information Amendment Act 1987) the following items: “Natural Gas Corporation of New Zealand Limited. “Offshore Mining Company Limited. “Petrochemical Corporation of New Zealand Limited. “Petroleum Corporation of New Zealand (Exploration) Limited. “Petroleum Corporation of New Zealand Limited.” |
Part C (Which comes into force on the 1st day of January 1988)
| Title | Amendment |
|---|---|
| 1956, No. 104—The Waikato Valley Authority Act 1956 (R.S. Vol. 11, p. 819) | By omitting from section 4(2)(a) the words “and one to represent the New Zealand Electricity Department”. |
By omitting from section 10(1) the words “as to two-thirds”and also the words “, and as to one-third from money appropriated by Parliament for the purpose out of the Electric Supply Account established under section 8 of the State Supply of Electrical Energy Act 1917”. | |
| 1976, No. 132—The Broadcasting Act 1976 (R.S. Vol. 13, p. l) | By omitting from section 70(1) the words “the Post Office Act 1959”, and substituting the words “Part II of the Telecommunications Act 1987”. |
By omitting from section 76(3) the words “Director-General of the Post Office”, and substituting the words “Secretary of Trade and Industry”. | |
By omitting from section 76(3) the words “of the Post Office under the Post Office Act 1959 and the Radio Regulations made under that Act”, and substituting the words “for licensing under Part II of the Telecommunications Act 1987”. | |
By omitting from section 76a(2) (as inserted by section 6 of the Broadcasting Amendment Act 1979) and section 76a(5) the words “Director-General of the Post Office”, and substituting in each case the words “Secretary of Trade and Industry”. | |
By omitting from section 76a(5) (as so inserted), the words “of the Post Office under the Post Office Act 1959 and the Radio Regulations made under that Act”, and substituting the words “for licensing under Part II of the Telecommunications Act 1987”. | |
By omitting from section 77(1) and (2) the words “the Post Office Act 1959”, and substituting in each case the words “Part II of the Telecommunications Act 1987”. | |
By omitting from section 77(2) the word “Postmaster-General”in both places where it occurs, and substituting in each case the words “Secretary of Trade and Industry”. | |
By omitting from section 78(1) the words “Director-General of the Post Office”, and substituting the words “Secretary of Trade and Industry”. | |
By repealing section 78(3), and substituting the following subsection: “(3) No application for a warrant shall be granted until the Secretary of Trade and Industry certifies that the application complies with the technical requirements for licensing under Part II of the Telecommunications Act 1987”. | |
By omitting from section 81(4) the words “Director-General of the Post Office”, and substituting the words “Secretary of Trade and Industry”. | |
By omitting from the proviso to section 81(4) the words “of the Post Office under the Post Office Act 1959 and the Radio Regulations made under that Act”, and substituting the words “for licensing under Part II of the Telecommunications Act 1987”. | |
| 1977, No. 65—The Public Finance Act 1977 | By omitting from the First Schedule clause (i) relating to the Post Office Account. |
| 1977, No. 121—The Town and Country Planning Act 1977 (R.S. Vol. 16, p.521) | By repealing paragraph (b) of section 64(1), and substituting the following paragraph: “(b)Lines as defined in section 11(3) of the Telecommunications Act 1987:”. |
SECOND SCHEDULE Enactments Repealed
Section 12
1950, No. 91—The Statutes Amendment Act 1950: Sections 10 and 11. (R.S. Vol. 18, p. 195.)
1960, No. 62—The Forests Amendment Act 1960: Subsection (1) of section 2, and so much of subsection (3)(a) of section 2 as relates to sections 17, 25, and 26 of the Forests Acts 1949. (R.S. Vol. 18, p. 196.)
1965, No. 13—The Forests Amendment Act 1965: Sections 2, 3, and 4. (R.S. Vol. 18, p. 197.)
1965, No. 48—The Land Amendment Act 1965: Sections 2 and 3. (1972, Vol. 2, p. 1739.)
1965, No. 102—The Oaths and Declarations Amendment Act 1965: Paragraph (b) of section 2. (R.S. Vol. 4, p. 17.)
1967, No. 37—The Forests Amendment Act 1967: Sections 3 to 5. (R.S. Vol. 18, p. 197.)
1971, No. 25—The Mining Act 1971: So much of the First Schedule as relates to the Forests Act 1949. (R.S. Vol. 17, p. 355.)
1971, No. 99—The Forests Amendment Act 1971: Section 2 and subsections (2) and (3) of section 3. (R.S. Vol. 18, p. 198.)
1972, No. 60—The Forests Amendment Act 1972: Section 3. (R.S. Vol. 18, p. 199.)
1974, No. 3—The Rural Banking and Finance Corporation Act 1974: So much of the Schedule as relates to the Land Act 1948.
1974, No. 92—The Land Amendment Act 1974.
1976, No. 45—The Forests Amendment Act 1976: Subsection (3) of section 2, section 4, section 5 (excluding subsection (5)), sections 6 to 11, sections 13 to 15, and section 16 (excluding subsection (1)(b)). (R.S. Vol. 18, p. 200.)
1979, No. 123—The Forests Amendment Act 1979: Section 2. (R.S. Vol. 18, p. 203.)
1981, No. 44—The Lana Amendment Act 1981: Subsections (1), (3), and (4) of section 2.
1981, No. 69—The Forests Amendment Act 1981: Section 2. (R.S. Vol. 18, p. 203.)
1983, No. 136—The Forests Amendment Act 1983: Subsection (2)(a) and (b) of section 5 and subsection (2) of section 6. (R.S. Vol. 18, p. 204.)
1985, No. 193—The Tourist Hotel Corporation Amendment Act 1985.
This Act is administered in the Treasury
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Versions
State-Owned Enterprises Amendment Act 1987
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