New Zealand Railways Corporation Restructuring Act 1990

1: Short Title
This Act may be cited as the New Zealand Railways Corporation Restructuring Act 1990.
2: Interpretation
1: In this Act, unless the context otherwise requires,— assets section 29(1) Corporation section 4 Crown transferee company debt security section 2(1) liabilities section 29(1) Ministers railway operator ( see railways assets
a: assets of the Corporation:
b: assets of a Crown transferee company:
c: assets of the Crown that are—
i: used by the Corporation or a Crown transferee company; or
ii: held for railways purposes railways liabilities
a: liabilities of the Corporation:
b: liabilities of a Crown transferee company:
c: liabilities of the Crown incurred—
i: in relation to the Corporation or a Crown transferee company; or
ii: for railways purposes security section 2(1) share Companies Act 1955 Companies Act 1993 transfer day section 6 transferee company section 4 (including a company formed and registered under that section as in force before the commencement of the Company Law Reform (Transitional Provisions) Act 1994
2: Terms or expressions that are not defined in this Act, but that are defined in the New Zealand Railways Corporation Act 1981
3: A declaration under the definition of railway operator in subsection (1) is secondary legislation ( see Part 3
3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) railway operator amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) share substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) transferee company amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(3) repealed 15 May 1991 Employment Contracts Act 1991
3: Act to bind the Crown
This Act binds the Crown.
1: Formation of transferee companies and vesting of railways assets and liabilities
4: Formation of transferee companies
1: Notwithstanding the New Zealand Railways Corporation Act 1981 Companies Act 1993
a: has such name as the Ministers shall decide; and
b: has a constitution in such form as the Ministers may determine.
2: The Ministers may acquire shares in a transferee company to be issued on its incorporation.
3: The Ministers may, from time to time subscribe for or acquire shares issued by a transferee company.
4: The constitution of a transferee company shall be laid before the House of Representatives by the Minister for State Owned Enterprises within 12 sitting days after the incorporation of the company.
5: All money required to be paid by the Ministers on subscribing for, or acquiring, securities of a transferee company shall be paid out of a Crown Bank Account Section 4 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 4(5): amended 25 January 2005 section 65R(3) Public Finance Act 1989
5: Crown shareholding
1: Securities of a transferee company that are registered in the name of a person described as the Minister of Finance or the Minister for State Owned Enterprises shall be held by the person for the time being holding the office of the Minister of Finance or the Minister for State Owned Enterprises, as the case may be.
2: Notwithstanding any other enactment or rule of law, it shall not be necessary to complete or register a transfer of securities of a transferee company consequent upon a change in the person holding office as the Minister of Finance or the Minister for State Owned Enterprises, as the case may be.
3: Each Minister may exercise all the rights and powers attaching to the securities of a transferee company held by that Minister.
6: Vesting of railways assets and liabilities
1: The Ministers may, at any time or times, prepare a list or lists specifying the railways assets and railways liabilities which, in the opinion of the Ministers, should be vested in the Crown or in a Crown transferee company in accordance with this Act.
2: Every list shall,—
a: except in the case of contracts of service, contain a description of each asset and liability, either individually or as a group or class and, for the purposes of this paragraph, a class of railways assets or railways liabilities may comprise all or any of the railways assets or railways liabilities for the time being of the Corporation or the Crown or of a Crown transferee company; and
b: in the case of contracts of service, identify either individually or as a group or class, those contracts that are to be vested in the Crown or in a Crown transferee company; and
c: except in the case of contracts of service, state the value attributed by the Ministers to each asset and liability, either individually or as a group or class; and
d: if the assets or liabilities are to be vested in the Crown, state that fact, or, if the assets or liabilities are to be vested in a Crown transferee company, state the name of the company; and
e: be signed by the Ministers; and
f: be laid before the House of Representatives by the Minister for State Owned Enterprises within 12 sitting days of its being signed.
3: The Governor-General may, at any time or times, by Order in Council, vest in the Crown or in a Crown transferee company named in the order, on a date specified in the order, the railways assets and railways liabilities specified in the order, being assets and liabilities set out in a list prepared pursuant to subsection (1) and which is referred to in the order.
4: Every Order in Council under subsection (3) that vests railways assets or railways liabilities in a Crown transferee company shall—
a: specify the kind, number, nominal value or consideration for the issue
b: specify the kind, number, nominal value, and terms (including interest) of the debt securities, if any, that shall be issued by the transferee company consequent upon the vesting in it of the railways assets and railways liabilities referred to in the order; and
c: specify the date on which the shares and debt securities shall be issued.
5: If the Crown transferee company is registered under the Companies Act 1955
5A: If the Crown transferee company is registered under the Companies Act 1955
5B: If the Crown transferee company is a company registered under the Companies Act 1993
5C: On the date specified in the Order in Council, the Crown transferee company shall issue to the Minister of Finance debt securities of such kind, number, nominal value, and terms as are specified in the order.
6: Nothing in subsections (1)﻿(b) and (2) of section 60 of the Companies Act 1955 or subsection (5A)
7: Nothing in this section prevents railways assets or railways liabilities vesting in a Crown transferee company for a consideration other than the issue of equity securities or debt securities.
8: Assets that have been fixed to, or placed under or over, any land may vest in the Crown or in a Crown transferee company under this Act notwithstanding that no interest in the land also vests in the Crown or in the Crown transferee company, as the case may be, under this Act, and in any such case—
a: the assets and the land shall be regarded as separate assets each capable of separate ownership; and
b: the assets shall for the purposes of this Act and, in particular, sections 38 39 40
9: Where, pursuant to an Order in Council under this section, railways assets of the Corporation are vested in the Crown or in any Crown transferee company and the aggregate value of those assets exceeds the aggregate value of railways liabilities of the Corporation vested in the Crown or any Crown transferee company pursuant to that order the Crown shall indemnify the Corporation to the extent of that excess.
10: Nothing in this section authorises the making of an Order in Council in relation to the vesting of railways liabilities that arise under an agreement that is governed by the law of a country other than New Zealand.
11: An Order in Council under this section is secondary legislation ( see Part 3 1987 No 195 s 6 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(4)﻿(a) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5) substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5A) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5B) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(5C) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(6) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 6(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Additional provisions relating to vesting of railways assets and railways liabilities
1: Nothing effected or authorised by this Act—
a: shall be regarded as placing the Crown, the Corporation, or any other person in breach of, or default under, any contract, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong:
b: shall be regarded as giving rise to a right for any person to—
i: terminate or cancel or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance:
c: shall be regarded as placing the Crown, the Corporation, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information:
d: shall release any surety from any obligation:
e: shall invalidate or discharge any contract or security.
2: Where a railways asset or a railways liability that is an asset or liability of the Crown or the Corporation vests in a Crown transferee company under this Act,—
a: the Crown or the Corporation, as the case may be, shall remain liable to any third party as if the asset or liability had not been so vested, and in any such case the Crown transferee company shall indemnify the Crown or the Corporation, as the case may be, in respect of any liability arising under this subsection:
b: satisfaction or performance by the Crown transferee company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown or the Corporation, as the case may be:
c: satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Crown transferee company shall be deemed to be also to the benefit of the Crown or the Corporation, as the case may be.
3: District Land Registrars are hereby authorised and directed to make such entries in their respective registers and do everything necessary to give effect to the vesting of any land or any estate or interest in land under this Act.
4: The vesting pursuant to this Act of railways assets or railways liabilities in the Crown or in a Crown transferee company shall take effect notwithstanding any enactment, or rule of law, or agreement and, in particular, but without limitation, the vesting pursuant to this Act of any land in the Crown or in a Crown transferee company shall take effect notwithstanding any provision contained in the Land Act 1948 Reserves Act 1977 Public Works Act 1981
5: Nothing in subsection (4) limits or affects the Conservation Act 1987
6: A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that land described in the certificate or described in a document on which the certificate appears, is land in relation to which subsection (4) applies, shall be sufficient evidence, in the absence of proof to the contrary, that that subsection applies in relation to the land.
7: Land that vests in the Crown or in a Crown transferee company pursuant to this Act vests in the Crown or that Crown transferee company, as the case may be, subject to all leases, agreements to lease, and easements existing in respect of any part of that land immediately before the land vests in the Crown or the Crown transferee company. 1987 No 195 s 7
8: Provisions relating to vesting of land
Notwithstanding any other provision of this Act, Crown land within the meaning of the Land Act 1948 Land Transfer Act 1952
a: be identified by an adequate legal description, or on plans lodged in the office of the Chief Surveyor for the land district in which the land is situated (being plans certified as correct for the purposes of this section by that Chief Surveyor); and
b: as so identified, vest in the Crown or the Crown transferee company pursuant to and on a date specified in the Order in Council made under section 6 1986 No 124 s 24 1987 No 117 s 7
9: Title to land
1: A District Land Registrar shall, on written application by any person authorised by either of the Ministers and on payment of the prescribed fee,—
a: register a Crown transferee company as the proprietor, in substitution for the Crown, or the Corporation or a Crown transferee company, of the estate or the interest of the Crown or the Corporation or a Crown transferee company in any land that is incorporated in the register or otherwise registered in the land registry office of the land registration district concerned and that is vested in the Crown transferee company pursuant to this Act; and
b: make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
2: The powers conferred by subsection (1) may be exercised in respect of any estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or been determined.
3: A District Land Registrar shall, on written application by any person authorised by either of the Ministers, and on payment of the prescribed fee, issue a certificate of title for land to which section 8 Schedule 1
4: A District Land Registrar shall, on written application by a person authorised by either of the Ministers, issue a certificate of title for land that is subject to the Land Transfer Act 1952 Schedule 1
5: Every application under this section shall—
a: specify the name of the Crown transferee company; and
b: specify the Order in Council under which the land is vested; and
c: contain a description of the land that is sufficient to identify it; and
d: in the case of an application under subsection (3), be accompanied by a certificate by the Chief Surveyor for the district concerned as to the correctness of the description. 1986 No 124 s 26 1989 No 57 s 2
10: Land certification
1: Before a District Land Registrar issues a certificate of title in respect of any land to which section 8 Director-General within the meaning of section 2 of the Survey Act 1986 Schedule 2
2: A certificate in accordance with subsection (1) shall be filed by the District Land Registrar in the Land Registry Office and shall be conclusive evidence to the District Land Registrar of the matters required to be stated in it. 1986 No 124 s 26 1987 No 117 s 8 1989 No 57 s 3 Section 10(1) amended 1 July 1996 Survey Amendment Act 1996
11: Designations
Section 11 repealed 23 July 1993 New Zealand Railways Corporation Restructuring Amendment Act 1993
12: Ancillary powers to grant leases and other rights to use railways assets
1: The Ministers or the Corporation, as the case may be, may grant to a transferee company or a railway operator leases, licences, easements, and permits or rights of any kind in respect of railways assets owned by the Crown or the Corporation for such consideration and on such terms and conditions as the Ministers or the Corporation, as the case may be, may agree with the transferee company or railway operator.
2:
3: Section 11(1) Section 12(2) repealed 1 July 2003 section 262 Local Government Act 2002 Section 12(3) added 1 October 1991 section 362 Resource Management Act 1991
13: Continuity of employment
Where the rights and liabilities arising under a contract of service between a worker and the Corporation or between a worker and a Crown transferee company are vested in a Crown transferee company pursuant to this Act—
a: for the purposes of every enactment or rule of law, every collective employment contract
b: the worker is not entitled to receive any payment or other benefit by reason only of that worker ceasing to be employed by the Corporation or the Crown transferee company and being employed by the Crown transferee company in which those rights and liabilities are vested. Section 13(a) amended 15 May 1991 Employment Contracts Act 1991
14: Union coverage
Section 14 repealed 15 May 1991 Employment Contracts Act 1991
15: Collective employment contracts
1: Every collective employment contract that, immediately before a transfer day, applies to any workers employed by the Corporation whose contracts of service are vested in a transferee company pursuant to this Act, shall, on and after that day and while it continues in force, be deemed to apply to those workers as if the collective employment contract had been made between the workers and the transferee company.
2: Where, pursuant to subsection (1), a collective employment contract is deemed to apply to any worker employed by a transferee company, that transferee company shall be deemed to be a party to the collective employment contract. Section 15 substituted 15 May 1991 Employment Contracts Act 1991
16: Contributors to Government Superannuation Fund
1: Any person employed by a transferee company who, immediately before the transfer day, was employed by the Corporation or another transferee company and was a contributor to the Government Superannuation Fund under the Government Superannuation Fund Act 1956
2: Subject to the Government Superannuation Fund Act 1956
3: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
17: Application of Income Tax Act 1976
Section 17 repealed 1 April 1995 Income Tax Act 1994
18: Application of Public Finance Act 1989
Section 18 repealed 18 July 2013 section 57 Public Finance Amendment Act 2013
18A: Half-yearly reports
1: Within 2 months after the end of the first half of each financial year of every transferee company in which the Crown holds 50% or more of the issued ordinary shares, the board of the company shall deliver to Ministers a report of its operations during that half-year.
2: Each report required by this section shall include the information required by the statement of intent to be included therein. Section 18A inserted 21 December 1992 section 42 Public Finance Amendment Act 1992
19: Application of Ombudsmen Act 1975 and Official Information Act 1982
1: Every transferee company in which the Crown holds 50% or more of the ordinary shares shall be deemed to be—
a: a person named in Part 2
b: a person named in Schedule 1
c:
2: For the purposes of this section, a date specified by the Governor-General, by Order in Council, as the date on which the Crown ceased to hold 50% or more of the ordinary shares in a transferee company shall be taken to be the date on which the Crown ceased to hold those shares.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(1)﻿(c) repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 19(2) 20 October 1993 New Zealand Railways Corporation Restructuring Order 1993 Section 19(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20: Corporation not to acquire Crown land without consent
The Corporation shall not, without the prior consent of the Ministers, exercise the powers conferred on it—
a: by section 24(b)
b: by section 32(1)
21: Application of Public Works Act 1981
Notwithstanding section 30 sections 40 to 42
a: land that is held or occupied by the Crown for railway purposes:
b: land that is held by the Corporation, or by a transferee company, or by a railway operator.
22: Interpretation
For the purposes of this section and sections 23 24 26 affected land
a: land held under the Public Works Act 1981 Public Works Amendment Act (No 2) 1987
b: land that has been vested in a Crown transferee company pursuant to section 6
i: has at all times since being so vested or sold been held by a transferee company or a railway operator; and
ii: before being so vested in the Crown transferee company or sold to the railway operator, was held under the Public Works Act 1981 Public Works Amendment Act (No 2) 1987 local authority section 2 public work section 2 successor
23: Disposal of affected land by Corporation
1: Where the Corporation proposes to sell any affected land to a person other than a railway operator, it shall offer to sell the land by private contract to the person from whom it was acquired by the Crown or the Corporation, or to the successor of that person, at the current market value of the land determined by a valuation carried out by a registered valuer appointed by the Corporation unless—
a: the Corporation considers that it would be impracticable, unreasonable, or unfair to do so; or
b: there has been a significant change in the character of the land for the purposes of, or in connection with, the public work or other activities for which it was acquired or is held; or
c: the person from whom it was acquired, or the successor of that person, was, or is, a local authority.
2: The person to whom an offer is made may, within 20 working days after receipt of the offer, give notice to the Corporation that that person requires the current market value of the land to be determined by the Land Valuation Tribunal and the Corporation shall, on receipt of the notice, refer the matter to that Tribunal for determination.
3: If—
a: an offer under subsection (1) is not accepted within 40 working days after the making of the offer or, if an application is made to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal, whichever is later, and the parties have not agreed on other terms for the sale of the land; or
b: paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) the Corporation may sell or otherwise dispose of the land to any person on such terms and conditions as it thinks fit.
4: Notwithstanding anything in this section, where the Corporation believes on reasonable grounds that, because of the size, shape, or situation of the land it could not expect to sell the land to any person who did not own land adjacent to the land to be sold, the land may be sold to an owner of adjacent land at a price negotiated between the parties.
24: Disposal of affected land by transferee company or railway operator
1: Where a transferee company or a railway operator proposes to sell any affected land to a person other than a railway operator, it shall give notice to the Director-General within the meaning of section 2 of the Survey Act 1986
2: The Director-General shall, within 20 working days, or such further time as he or she considers on reasonable grounds is required to make the determination, determine—
a: whether it would be impracticable, unreasonable, or unfair to require the land to be offered for sale to the person from whom it was acquired or that person's successor; or
b: whether there has been a significant change in the character of the land for the purposes of, or in connection with, a railway— and shall notify the transferee company or railway operator in writing of that determination.
3: The Director-General shall give notice in writing to the transferee company or railway operator of the period of any extension under subsection (2) and shall state in the notice the reasons for the extension.
4: Unless the Director-General gives notice to the transferee company or railway operator that he or she has determined that—
a: it would be impracticable or unreasonable or unfair to do so; or
b: there has been a significant change in the character of the land for the purposes of, or in connection with, a railway,— the transferee company or railway operator shall offer to sell the land by private contract to the person from whom it was acquired by the Crown or the Corporation, or to the successor of that person, at the current market value of the land as determined by a valuation carried out by a registered valuer appointed by the transferee company or railway operator.
5: The person to whom an offer is made may, within 20 working days after receipt of the offer, give notice in writing to the transferee company or railway operator that that person requires the current market value of the land to be determined by the Land Valuation Tribunal and the transferee company or railway operator, as the case may be, shall, on receipt of the notice, refer the matter to that Tribunal for determination.
6: If—
a: an offer made under subsection (4) is not accepted within 40 working days after the making of the offer, or if an application has been made to the Land Valuation Tribunal, within 20 working days after the determination of the Tribunal, whichever is later, and the parties have not agreed on other terms for the sale of the land; or
b: the Director-General gives notice to the transferee company or railway operator under subsection (4)﻿(a) or subsection (4)﻿(b) the transferee company or the railway operator may sell or otherwise dispose of the land to any person on such terms and conditions as it thinks fit.
7: Nothing in this section applies—
a: in relation to affected land that was acquired from a local authority; or
b: in a case where the successor of the person from whom any affected land was acquired is a local authority.
8: Nothing in this section applies where the chief executive of Land Information New Zealand Section 24(1) amended 1 July 1996 Survey Amendment Act 1996 Section 24(8) amended 1 July 1996 section 4(a) Survey Amendment Act 1996
25: Disposal of land
1: Any land disposed of under section 23 section 24 Land Transfer Act 1952
2: Any such memorandum of transfer may contain a recital that the land being transferred shall be amalgamated with any other land in an existing certificate of title; and that recital shall be sufficient authority to the District Land Registrar to amend such certificate of title accordingly, without fee.
3: On such amendment the land transferred shall become subject to and, where applicable, receive the benefit of, all encumbrances, easements, and other interests noted on the certificate of title.
4: Within 1 month after the registration of the memorandum of transfer, the transferor shall give to the Chief Surveyor written notice of the registration and of the full name, address, and occupation of the transferee.
25A: Subdivision
1: Subject to the provisions of this section, section 11 Part 10 section 23 section 24 section 26
2: Every transfer or other disposition to which subsection (1) applies, shall be deemed to be subject to a condition that—
a: the land being transferred or disposed of shall be held in one certificate of title with the owner's adjoining land; or
b: where subsection (4) applies, a covenant shall be entered into between the owner of the adjoining land and the territorial authority that the land being transferred or disposed of shall not, otherwise than in accordance with a subdivision consent under the Resource Management Act 1991
3: The Corporation, transferee company, or the railway operator (as the case may be) shall consult with the District Land Registrar as to the practicality of a condition of a kind referred to in subsection (2)﻿(a).
4: If the District Land Registrar advises the Corporation, transferee company, or railway operator (as the case may be) that a condition of a kind referred to in subsection (2)﻿(a) is not practical, then any transfer or disposal of land to which subsection (1) applies shall be deemed to be subject to a condition of a kind referred to in subsection (2)﻿(b).
5: Every condition of a kind referred to in subsection (2)﻿(a) or (b) shall be endorsed on the survey plan giving effect to the subdivision to which subsection (1) applies, and the District Land Registrar shall not deposit that survey plan unless—
a: he or she is satisfied that any condition of the kind referred to in subsection (2)﻿(a) has been complied with as fully as may be possible in the office of the Registrar; or
b: a covenant of a kind referred to in subsection (2)﻿(b) has been lodged for registration.
6: Where a condition of a kind referred to in subsection (2)﻿(a) has been complied with—
a: the separate parcels of land included in the certificate of title in accordance with the condition shall not be capable of being disposed of individually or being held under separate certificates of title, otherwise than in accordance with a subdivision consent under the Resource Management Act 1991
b: on the issue of a certificate of title, the District Land Registrar shall enter on the certificate of title a memorandum that the land is subject to this subsection.
7: Every covenant of a kind referred to in subsection (2)﻿(b) shall be in writing, be signed by the owner of the adjoining land, have affixed to it the common seal of the territorial authority, and be deemed—
a: to be an instrument capable of registration under the Land Transfer Act 1952 section 62
b: to run with the land and bind subsequent owners.
8: The territorial authority may at any time, after a survey plan giving effect to a subdivision to which subsection (1) applies has been deposited in the Land Registry Office, cancel in whole or in part—
a: any condition of a kind referred to in subsection (2)﻿(a); or
b: any covenant of a kind referred to in subsection (2)﻿(b).
9: Where a territorial authority cancels, in whole or in part, a condition or covenant in accordance with subsection (8), the territorial authority shall forward an authenticated copy of the resolution of the territorial authority cancelling or partially cancelling that condition or covenant to the District Land Registrar, who shall note the records accordingly.
10: Where—
a: for the purpose of complying with conditions of a kind referred to in subsection (2)—
i: a covenant of a kind referred to in subsection (2)﻿(b) is registered in accordance with this section; or
ii: the land being transferred or disposed of is amalgamated in one certificate of title with adjoining land in accordance with this section; and
b: the adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation of purchase is lawfully conferred or imposed; and
c: that power, right, or obligation becomes exercisable but is not able to be exercised or fully exercised because of subsection (5) or subsection (6)— the land being transferred or disposed of shall be deemed to be and always to have been part of the adjoining land that is subject to that instrument; and all rights and obligations in respect of, and encumbrances on, that adjoining land shall be deemed also to be rights and obligations in respect of or encumbrances on, the land being transferred or disposed of; and the District Land Registrar shall enter upon all relevant certificates of title a memorandum to the effect that the land therein is subject to this subsection.
11: Where any instrument to which subsection (10) applies is a mortgage, charge, or lien, it shall be deemed to have priority over any mortgage, charge, or lien against the land being transferred or disposed of which is registered subsequent to the issue of the certificate of title pursuant to subsections (5) and (6), or the registration of the covenant entered into pursuant to subsections (5) and (7), as the case may be; and the District Land Registrar shall enter upon all relevant certificates of title a memorandum to the effect that the land therein is subject to this subsection.
12: For the purposes of this section— allotment section 218 amalgamated territorial authority Local Government Act 2002 Section 25A inserted 23 July 1993 New Zealand Railways Corporation Restructuring Amendment Act 1993 Section 25A(12) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002
26: Disposal of former Maori land
Where any affected land was, immediately before it became affected land,—
a: Maori freehold land or general land owned by Maori (as those terms are defined in section 2 of the Maori Affairs Act 1953
b: beneficially owned by more than 4 persons; and
c: not vested in any trustee or trustees— the Corporation or the transferee company, or railway operator, as the case may be, may, instead of making an offer under section 23 section 24 section 436 of the Maori Affairs Act 1953
27: Sections 21 to 26 not to affect existing rights
Nothing in sections 21 to 26
a: the application of sections 40 to 42 section 41(e)
b: the determination of any issue relating to the existence of an obligation or entitlement under sections 40 to 42
c: the application of sections 40 to 42
28: Exercise of powers under Public Works Act 1981 by Corporation
Without limiting section 30 section 2 of the New Zealand Railways Corporation Amendment Act 1988 Public Works Act 1981
2: General
29: Authority for railway operators
Railway operations carried on by a railway operator shall be deemed for the purposes of the law of nuisance to be authorised by Act of Parliament.
30: Conflict with New Zealand Railways Corporation Act 1981
1: Nothing in the New Zealand Railways Corporation Act 1981 section 6
2: Without limiting subsection (1), nothing in section 12
31: Application of New Zealand Railways Corporation Act 1981
The provisions of the New Zealand Railways Corporation Act 1981 Schedule 1
32: Regulations relating to railway operators
1: Regulations may, on the recommendation of the Minister, be made under section 110
2: The Governor-General may, by Order in Council, on the recommendation of the Minister, declare that regulations made pursuant to section 110
3: The Minister shall not make a recommendation under subsection (1) or subsection (2) unless the Minister has consulted with all railway operators who, in the Minister's opinion, are likely to be affected by the proposed regulations or by regulations made under section 110
4: The failure to comply with the requirements of subsection (3) shall not invalidate any regulations or Order in Council made under this section.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Amendment to Land Tax Act 1976
1: Amendment(s) incorporated in the Act(s)
2: This section shall apply with respect to land tax for the year of payment commencing on 1 April 1990 and for every subsequent year.
34: Amendments to New Zealand Railways Corporation Act 1981
The New Zealand Railways Corporation Act 1981 Schedule 2
35: Amendments to other Acts
The enactments specified in Schedule 3
36: Repeals
The enactments specified in Schedule 4
37: Savings
1: The repeal by section 36 New Zealand Railways Corporation Act 1981 section 3
2: The repeal by section 36
3: Maori land claims
38: District Land Registrar to register necessary memorial
1: Where land owned by the Crown or an interest owned by the Crown in land is vested in a Crown transferee company under section 6 Subject to section 39
2: Subsection (1) shall not apply in relation to any piece of land or interest in land that is excluded from section 39 1986 No 124 s 27A 1988 No 105 s 10
39: Resumption of land on recommendation of Waitangi Tribunal
1: Where the Waitangi Tribunal has, under section 8A(2)﻿(a) section 8HJ section 6 section 8B section 40
2: This section shall not apply in relation to any piece of land that, at the date of its vesting in a Crown transferee company under section 6
a: a deferred payment licence issued under the Land Act 1948
b: a lease under which the lessee had the right of acquiring the fee simple.
3: This section shall not apply in relation to any piece of land or interest in land in respect of which a certificate issued under section 8E(1)
4: Subject to subsection (5), this section shall not apply in relation to land or an interest in land that is for the time being held by a railway operator and used for the purposes of a railway.
5: Where land or an interest in land in relation to which the Waitangi Tribunal has made a recommendation for the return to Maori ownership—
a: ceases to be held by a railway operator; or
b: ceases to be used by a railway operator for the purposes of a railway— the land or interest in land shall be resumed by the Crown and returned to Maori ownership as soon as practicable after it ceases to be so held or used.
40: Resumption of land to be effected under Public Works Act 1981
1: Where section 39 Part 2 Parts 2 4 5 6 7 Schedules 1 3 4 5 Schedule 5
2: The existence on the certificate of title to any land or interest in land acquired pursuant to subsection (1) of a memorial under section 38 Public Works Act 1981
3: The power conferred by this section does not include the power to acquire or take and to hold under section 28 section 8A(6) section 8HJ
4: Amendments to Treaty of Waitangi Act 1975
41: This Part to be read with Treaty of Waitangi Act 1975
This Part shall be read together with and deemed part of the Treaty of Waitangi Act 1975
42: Functions of Tribunal
Amendment(s) incorporated in the Act(s)
43: Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990
Amendment(s) incorporated in the Act(s)