Reprint as at 1 January 2009
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the New Zealand Railways Corporation.
Title
1 Short Title and commencement
2 Interpretation
Part 1New Zealand Railways Corporation
3 Minister of Railways
3A Relationship to Resource Management Act 1991
4 New Zealand Railways Corporation
5 Transfer of property contracts and liabilities to Corporation
6 Meetings of directors
7 Disclosure of interests
8 Corporation procedure
9 General Manager of Corporation
10 Delegation of functions and powers
10A Directions to carry out functions and exercise powers of Corporation
11 Remuneration of directors
Part 2Functions and powers of Corporation
12 Functions of Corporation
13 Powers of Corporation
14 Power to alter operations and services
15 Financial contributions
16 Carriage of passengers and goods otherwise than by rail
17 Carriage of passengers and goods by water
18 Carriage of goods
19 [Repealed]
20 Power to sell goods left by unknown owner
21 Power to act as agent of consignor of any goods to collect the price thereof
22 Power to retain goods received for conveyance if subject to unpaid Customs duties
23 Power to produce, sell, hire, and operate
24 Power in relation to property
25 Acquisition and disposal of shares, stock, or interest in company or business
26 [Repealed]
27 [Repealed]
28 Disposal of railways
29 Powers of Corporation as to use of railways, wharves, etc
30 Powers of Minister of Railways and Corporation under Public Works Act 1981
31 Power to protect railway
31A [Repealed]
32 Certificates of title for railway land
33 Lands and buildings may be leased
34 Development licences may be granted in respect of unused railway land or buildings
35 Grant of easements
Part 3Financial provisions
36 Capital of Corporation
37 Borrowing by and loans to Corporation
37A Power to enter into swaps or other financial arrangements
37B Financial provisions relating to liability of the Crown in respect of Corporation's debt
38 Investments
39 Bank accounts
40 Capital works expenditure programme
41 Unauthorised expenditure
42 Dividends on capital
43 [Repealed]
Part 4Inquiries
44 Appointment of Board of Inquiry as to matters affecting administration of railways [Repealed]
45 Corporation inquiries [Repealed]
Part 5Railway operations
46 Safety of Corporation railways [Repealed]
47 New Corporation railways [Repealed]
48 Corporation may agree to work branch railway or siding in connection with railway
49 Corporation may agree with companies for running powers over lines
50 Railway crossings [Repealed]
51 Local authorities may contribute towards cost of railway bridge or subway [Repealed]
52 Lights, etc, liable to be confused with railway signals [Repealed]
53 Warning devices at level crossings [Repealed]
54 Traffic at level crossings [Repealed]
55 Rail traffic to have right of way [Repealed]
56 Employee may impound trespassing cattle
57 No railways to cross Corporation railways without consent [Repealed]
58 Gates and cattle stops [Repealed]
Part 6Wellington to Johnsonville and Hutt Valley railways
59 Application of this Part [Repealed]
60 Interpretation [Repealed]
61 Restriction upon the carrying on of passenger services [Repealed]
62 Offences [Repealed]
63 Corporation to carry on passenger services within prescribed area [Repealed]
64 Information for offences [Repealed]
65 Hutt Valley passenger services [Repealed]
Part 7Staff administration
66 Appointment and dismissal of officers and employees of the Corporation
67 Salaries and conditions of employment [Repealed]
68 Application of State Services Conditions of Employment Act 1977 [Repealed]
69 Application of State Services Act 1962 [Repealed]
70 Labour Relations Act 1987 not to apply [Repealed]
71 Officers and employees of New Zealand Government Railways [Repealed]
72 Superannuation of officers and employees
73 Classification of Corporation [Repealed]
74 Compulsory membership of service organisations [Repealed]
75 Method of appointment to Corporation [Repealed]
75A Appointment of officers under contract [Repealed]
76 Limiting power of making new appointments to Corporation [Repealed]
77 Officers may be transferred from State Services or Education service to Railways Corporation [Repealed]
78 Power to reappoint employees of service organisations [Repealed]
79 Effective date of appointments [Repealed]
80 Annual determinations as to suitability for promotion [Repealed]
81 Engagement of apprentices [Repealed]
82 Indentures of apprenticeship [Repealed]
83 Transfer of apprentices [Repealed]
84 Establishment of apprenticeship advisory committee [Repealed]
Promotions and transfers within Corporation
85 Positions may be filled by transfer of members already in Corporation [Repealed]
86 Appointments to be provisional [Repealed]
87 Provisional appointment may at any time be cancelled by Corporation [Repealed]
88 Continuous review of classification and grading [Repealed]
89 Review of grading [Repealed]
90 Grading Committee [Repealed]
91 Successful application for review of grading [Repealed]
92 Railway employees responsible for damage [Repealed]
93 Penalties for breach of regulations or rules [Repealed]
Constitution of Appeal Board and rights of appeal
94 Railways Corporation Appeal Board [Repealed]
95 Election of members of Appeal Board [Repealed]
96 Procedure as to appeals [Repealed]
97 Costs of appeals [Repealed]
98 Rights of appeal of members [Repealed]
98A Rights of appeal in respect of enterprise units and positions for which range of rates of remuneration is prescribed [Repealed]
99 Rights of appeal of temporary employees [Repealed]
100 Notice of appeal, jurisdiction, etc [Repealed]
101 Offence to attempt to influence improperly Appeal Board or any member thereof [Repealed]
102 Regulations [Repealed]
Part 8New Zealand Railways Staff Welfare Society
103 Interpretation [Repealed]
104 Constitution and membership of society [Repealed]
105 Functions of society [Repealed]
106 New Zealand Railways Staff Welfare Board [Repealed]
107 Meetings of Welfare Board [Repealed]
108 Miscellaneous financial provisions [Repealed]
109 Contracts of Welfare Board [Repealed]
Part 9Regulations, scales of charges, and codes of practice
Regulations
110 Regulations
111 Scales of charges
Codes of practice
112 Codes of practice
113 Codes of practice to be approved by Minister
114 Citation and proof of codes of practice
Part 10General provisions
115 Offences
116 Penalties for damage to railways
117 Certificate by Corporation to be evidence of certain facts
118 Fees for preparation of documents, etc
119 Authorisation of reclamation
119A Application of certain transport Acts to Corporation
120 Repeals and amendments
Schedule 1Appointments of officers
[Repealed]
Schedule 2Wellington to Johnsonville and Hutt Valley railways
Schedule 3Reclamation authorised
Schedule 4Enactments repealed
Public Transport Management Act 2008
Reprint notes
An Act to establish a corporation to maintain, operate, and develop the services at present carried on by the New Zealand Government Railways Department and to consolidate and amend the law relating thereto
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: