Southland Electricity Act 1993

1: Short Title and commencement
1: This Act may be cited as the Southland Electricity Act 1993.
2: Except as provided in subsection (3), this Act shall come into force on the day after the date on which it receives the Royal assent.
3: Sections 32 34 35 36
4: A date may be appointed under subsection (3) to bring sections 32 34 35
5: Section 1(3) brought into force 30 June 1994 Southland Electricity Act Commencement Order 1994 Section 1(3) brought into force 20 March 1998 Southland Electricity Act Commencement Order 1998 Section 1(3) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 1(5) repealed 1 April 2005 section YA 2 Income Tax Act 2004
2: Interpretation
1: In this Act, unless the context otherwise requires,— agreement assets
a: any estate or interest in any land, including all rights of occupation of land or buildings:
b: all buildings, vehicles, plant, equipment, and machinery, and any rights therein:
c: all livestock, products from livestock, and crops:
d: all securities within the meaning of the Securities Act 1978
e: all rights of any kind, including rights under Acts, deeds, agreements, or licences, and all applications, objections, submissions, and appeals in respect of such rights:
f: all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law:
g: goodwill, and any business undertaking:
h: all natural gas, petroleum, and other hydrocarbons board company Companies Act 1955 Crown designated Minister District Land Registrar Land Transfer Act 1952 liabilities
a: liabilities and obligations under any Act or agreement; and
b: deposits and other debt securities within the meaning of the Securities Act 1978
c: contingent liabilities rights rules shareholding Ministers sitting day statement of intent Public Finance Act 1989 subsidiary section 158 of the Companies Act 1955 transfer
a: assign and convey; and
b: vest by Order in Council or notice in the Gazette
c: confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and
d: grant leases, rights, and interests in any real or personal property; and
e: in the case of liabilities, the assumption thereof by the company.
2: In this Act, a reference to transfer authorise grant
3: For the purposes of this Act, to hold a controlling interest in the company means to hold at least 50% of the ordinary shares in the capital of the company. 1986 No 124 s 29 1991 No 69 s 362 1992 No 27 s 10
3: Act to bind the Crown
This Act binds the Crown.
1: Principles
4: Principal objective of company
1: The principal objective of the company shall be to operate as a successful business and, to this end, to be—
a: as profitable and efficient as comparable businesses that are not owned by the Crown; and
b: a good employer; and
c: an organisation that exhibits a sense of social responsibility by having regard to the interests of the community in which it operates and by endeavouring to accommodate or encourage these when able to do so.
2: In seeking to attain its principal objective, the company shall have regard, among other things, to the desirability of ensuring the efficient use of energy.
3: For the purposes of this section, a good employer
a: good and safe working conditions; and
b: an equal employment opportunities programme; and
c: the impartial selection of suitably qualified persons for appointment; and
d: opportunities for the enhancement of the abilities of individual employees. 1986 No 124 s 4 1992 No 56 s 36(2)
5: Responsibility of Ministers
The shareholding Ministers of the company shall be responsible to the House of Representatives for the performance of the functions given to them by this Act or the rules. 1986 No 124 s 6
6: Directors and their role
1: The directors of the company shall be persons who, in the opinion of those appointing them, will assist the company to achieve its principal objective.
2: All decisions relating to the operation of the company shall be made by or pursuant to the authority of the board of the company in accordance with its statement of intent.
3: The board of the company shall be accountable to the shareholding Ministers in the manner set out in this Act and in the rules. 1986 No 124 s 5
7: Non-commercial activities
Where the Crown wishes the company to provide goods or services to any persons, the Crown and the company shall enter into an agreement under which the company will provide the goods or services in return for the payment by the Crown of the whole or part of the price of the goods or services. 1986 No 124 s 7
8: Collective agreements
Before entering into any collective agreement under the Employment Relations Act 2000 Section 8 substituted 2 October 2000 section 240 Employment Relations Act 2000
9: Saving of certain transactions
Failure by the company to comply with any provision contained in this Part shall not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the company. 1986 No 124 s 21
2: Acquisition by the Crown of shares in the company
10: Acquisition by the Crown of shares in company
1: The Minister of Finance and the designated Minister may, on behalf of the Crown, subscribe for or otherwise acquire shares in the capital of the company.
2: The number of shares in the capital of the company held by each shareholding Minister shall be the same. 1986 No 124 s 10 1987 No 117 s 3
11: Application of Companies Act 1955
In the application of the Companies Act 1955
a: section 41
b: section 211(4)﻿(c) Section 11 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994
12: Shareholding Ministers may subscribe for additional shares
Subject to subsection (2) of section 10 1992 No 76 s 11
13: Payment for shares
Any money required to be paid by a shareholding Minister on subscribing for or otherwise acquiring shares in the capital of the company shall be paid out of money appropriated by Parliament for the purpose. 1986 No 124 s 10(3) 1987 No 117 s 3
14: Further provisions relating to Ministers' shareholding
1: Shares in the capital of the company held in the name of a person described as the Minister of Finance or the designated Minister shall be held by the person for the time being holding the office of Minister of Finance or designated Minister, 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 shares of the kind referred to in subsection (1) consequent on a change in the person holding the office of Minister of Finance or designated Minister, as the case may be.
3: Each shareholding Minister may exercise all the rights and powers attaching to the shares in the company held by that Minister.
4: A shareholding Minister may at any time or times, by written notice to the secretary of the company, authorise (on such terms and conditions as are specified in the notice) such person as the Minister thinks fit to act as the Minister's representative at any or all of the meetings of shareholders of the company or of any class of such shareholders, and any person so authorised shall be entitled to exercise the same powers on behalf of the Minister as the Minister could exercise if present at the meeting or meetings. 1986 No 124 s 22
15: Shareholding Ministers may determine dividend
1: Notwithstanding any other provision of this Act or the rules of the company, the shareholding Ministers may, by written notice to the board, determine the amount of dividend payable by the company, and the board shall comply with the notice.
2: Before giving a notice under this section, the shareholding Ministers shall—
a: have regard to Part 1
b: consult the board as to the matter to be referred to in the notice.
3: Within 12 sitting days after a notice is given to the board pursuant to this section, the designated Minister shall lay a copy of the notice before the House of Representatives.
4: The power conferred by subsection (1) may be exercised only where all the shares in the capital of the company are held by the shareholding Ministers. 1986 No 124 s 13
3: Transfer of assets to the company
16: Transfer of Crown assets and liabilities to company
1: Notwithstanding any Act, rule of law, or agreement, the shareholding Ministers may, on behalf of the Crown, do any 1 or more of the following:
a: transfer to the company assets and liabilities of the Crown:
b: authorise the company to act on behalf of the Crown in providing goods or services, or in managing assets or liabilities of the Crown:
c: grant to the company leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown— for such consideration, and on such terms and conditions, as the shareholding Ministers may agree with the company.
2: Nothing in this section applies to any assets or liabilities of the Crown other than assets or liabilities that form part of—
a: the undertaking referred to in section 9 of the Southland Electric Power Supply Act 1936
b: any extension of that undertaking.
3: The designated Minister shall lay before the House of Representatives any contract or other document entered into pursuant to subsection (1) within 12 sitting days after the date of that contract or document. 1986 No 124 s 23(1), (2) 1987 No 117 s 6(1)
17: Assets relating to land and interests in land may be transferred separately
1: Assets that are fixed to, or are under or over, any land may be transferred to the company pursuant to this Act whether or not any interest in the land is also transferred.
2: Where any such asset is so transferred, the asset and the land shall be regarded as separate assets each capable of separate ownership. 1986 No 124 s 23(3)
18: Further provisions relating to transfer of assets and liabilities
1: Any asset or liability of the Crown may be transferred to the company pursuant to this Act whether or not any Act or agreement or rule of law relating to the asset or liability permits such transfer or requires any consent to such a transfer.
2: Where a transfer of the kind described in subsection (1) takes place,—
a: the transfer shall not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown, or the company, under any Act or agreement:
b: where the transfer is registrable, the person responsible for keeping the register shall register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for this purpose by the designated Minister:
c: the laying before the House of Representatives of any contract or other document relating to the transfer shall be deemed to be notice of the transfer, and any third party shall after the date of such contract or document deal with the company in place of the Crown:
d: the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the company in respect of any liability to any third party:
e: any satisfaction or performance by the company in respect of the asset or liability shall be deemed to be also satisfaction or performance by the Crown:
f: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the company shall be deemed to be also to the benefit of the Crown.
3: No provision in any agreement limiting the Crown's right to sell any assets to third parties, or for determining the consideration for the sale of any assets to third parties, or obliging the Crown to account to any person for the whole or part of the proceeds of sale by the Crown of any assets to third parties, or obliging the Crown to pay a greater price than otherwise by reason of or as a consequence of the sale of any assets to third parties, shall have any application or effect in respect of any agreement or transfer entered into or effected pursuant to or under this Act or pursuant to such an agreement or transfer. 1986 No 124 s 23(4)–(6) 1990 No 23 s 3
19: Provisions relating to transfer of land
1: 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: vest in the company—
i: pursuant to and on a date specified in an Order in Council made for the purposes of this section; or
ii: pursuant to and on a date specified in a notice in the Gazette
2: Every notice given under subsection (1)﻿(b)﻿(ii) may be given on such terms and conditions as the shareholding Ministers or a person authorised in writing by those Ministers, as the case may be, thinks fit, and shall have effect according to its tenor.
3: Notwithstanding any other provision of this Act, no land that is subject to a lease or licence pursuant to section 66 section 66AA section 16(1)﻿(a)
4: Subject to subsection (5), but notwithstanding any other provision of this Act, no land for the time being held, managed, or administered under the Conservation Act 1987 Schedule 1 section 16(1)﻿(a)
5: Nothing in subsection (4) prevents the granting, to the company, of a licence to occupy any land to which that subsection applies if the Minister of Conservation consents to the granting of that licence.
6: All land that is subject to the Land Act 1948 Forests Act 1949
7: Nothing in this Act or in any transfer of land to the company pursuant to this Act shall derogate from the provisions of section 10 section 11 1986 No 124 s 24 1987 No 117 s 7(1), (2) 1990 No 31 s 37 1991 No 70 s 121 1992 No 27 s 5
20: Modification of provisions of Public Works Act 1981
1: This section applies to the transfer of land or an interest in land to the company pursuant to this Act.
2: Nothing in sections 40 to 42 sections 40 41
3: If, in relation to land or an interest in land that has been transferred to the company (being a transfer to which this section applies), an offer made under subsection (2) of section 40
a: within 40 working days after the making of the offer or such further period as the chief executive of the department within the meaning of section 2 of the Survey Act 1986
b: if an application has been made pursuant to subsection (2A) of that section 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 interest, the company may sell or otherwise dispose of the land or interest to any person on such terms and conditions as it thinks fit.
4: For the purposes of subsection (3), the term working day section 2 1990 No 52 s 9(4) Section 20(3)﻿(a) amended 1 July 1996 Survey Amendment Act 1996
21: Obligation to lodge caveat
1: Where land or an interest in land is transferred to the company pursuant to this Act, the Crown shall, for the purpose of protecting the rights of persons from whom that land or interest was acquired and their successors to have that land or interest offered to them under section 40(2) Land Transfer Act 1952
2: For the purposes of this section, the rights of persons from whom the land or an interest in land was acquired and their successors to have that land or interest offered to them under section 40(2) section 137
3: In stating, in a caveat lodged pursuant to subsection (1), the interest claimed by the caveator, it shall be sufficient, for the purposes of section 138 sections 40 to 42 1974 No 66 s 594ZG 1989 No 29 s 34(1)
22: Transfer of land not to constitute a subdivision or development
Nothing in section 11 Part 10
23: Uses deemed to be permitted activity
Where any land is transferred to the company pursuant to this Act, the use of that land which is established at the date of the transfer shall be deemed to be a permitted activity under the Resource Management Act 1991 1974 No 66 s 594ZN 1989 No 29 s 34(1) 1991 No 69 s 362
24: Title to land
1: A District Land Registrar shall, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee,—
a: register the company as the proprietor, in substitution for the Crown, of the estate or the interest of the Crown 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 transferred to the 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 an estate or interest that is incorporated in the register by virtue of a lease or licence that has expired or has been determined.
3: A District Land Registrar shall, on written application by any person authorised by a shareholding Minister and on payment of the prescribed fee, issue a certificate of title for land vested in the company pursuant to section 19(1) form 1
4: As soon as registration is accomplished in accordance with subsection (1) or a certificate of title is issued in accordance with subsection (3), the company shall, except where the interest acquired is either an easement in gross or an estate as lessee or mortgagee, be deemed to be seized of an estate in fee simple in possession in respect of that land.
5: Applications in accordance with subsections (1) and (3) shall specify the name of the company and the date of the agreement, together with a description of the land sufficient to identify it and, in the case of applications under subsection (3), a certificate by the Chief Surveyor for the district concerned as to the correctness of such description. 1986 No 124 s 25 1989 No 57 s 2
25: Land certification
1: Before a District Land Registrar issues a certificate of title in respect of any land vested in the company pursuant to section 19(1) 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 that certificate. 1986 No 124 s 26 1987 No 117 s 8 1989 No 57 s 3(1), (2) Section 25(1) amended 1 July 1996 Survey Amendment Act 1996
26: Certification of easements
1: Where land is vested in the company pursuant to section 19(1) Land Transfer Act 1952 Director-General within the meaning of section 2 of the Survey Act 1986 section 25(1)
2: The District Land Registrar shall enter a memorial of the easement upon the relevant certificate of title by reference to the certificate in which it is described as if that certificate were the instrument creating the easement.
3: Where a memorial of an easement is entered upon the relevant certificate of title under subsection (2), the easement shall be treated for all purposes including all subsequent dealings as if it had been created under the Land Transfer Act 1952 1986 No 124 s 26A 1992 No 27 s 6 Section 26(1) amended 1 July 1996 Survey Amendment Act 1996
27: Orders in Council relating to transfer of assets and liabilities
1: For the purpose of facilitating the transfer of assets and liabilities to the company pursuant to this Act, the Governor-General may from time to time, by Order in Council, do any 1 or more of the following:
a: vest in or impose on the company any asset or liability (other than land to which section 19(1)
b: vest land in the company for the purposes of section 19(1)
c: declare that a reference to the Crown or a Minister, officer, employee, department, or instrument of the Crown in any or all regulations, orders, notices, or documents shall be deemed to be or to include a reference to the company:
d: declare that the company shall assume or continue to have the rights and obligations of the Crown or a Minister, officer, employee, department, or instrument of the Crown in respect of applications for rights, objections, or proceedings before any court, authority, or other person, being rights and obligations that the company has agreed to assume:
e: declare, in respect of any assets or liabilities transferred to the company pursuant to this Act, that the company shall be deemed to have specified rights or obligations in respect of those assets or liabilities, being rights or obligations that are required in respect of those assets or liabilities as a result of the change of ownership or responsibility from the Crown to the company:
f: declare that any Order in Council made under this section shall be deemed to be notice to all persons, and that specific notice need not be given to any authority or other person:
g: direct any authority or other person to register or record any such vesting or declaration.
2: Every Order in Council made under this section may be made on such terms and conditions as the Governor-General thinks fit, and shall have effect according to its tenor. 1986 No 124 s 28 1991 No 69 s 362
28: Relationship with other enactments
1: This Part shall have effect, and assets and liabilities may be transferred pursuant to this Act, notwithstanding any restriction, prohibition, or other provision contained in any Act, rule of law, or agreement that would otherwise apply.
2: Nothing in this Act shall limit any powers or rights that the Crown or a Minister has other than pursuant to this Act. 1986 No 124 s 29(3), (4)
4: Miscellaneous provisions
29: Half-yearly reports
1: In addition to the obligations of the company under the Public Finance Act 1989
2: Within 12 sitting days after a half-yearly report is given to the designated Minister pursuant to this section, the designated Minister shall lay a copy of the report before the House of Representatives. 1986 No 124 s 16
30: Auditor-General
1: Subject to subsections (3) and (4), the Auditor-General sections 163 to 165 of the Companies Act 1955 Public Audit Act 2001
2: The company shall pay to the Auditor-General
3: Without limiting subsection (1) or subsection (2), the board may, after consultation with the Auditor-General
4: Upon a controlling interest in the company ceasing to be held by Ministers of the Crown on behalf of the Crown,—
a: the Auditor-General
b: the directors of the company and of every subsidiary of the company shall appoint an auditor or auditors of the company and of every subsidiary of the company, and every such appointment shall be deemed to have been made by the directors to fill a casual vacancy in the office of auditor under section 163(5) of the Companies Act 1955
5: Notwithstanding anything in subsection (4)﻿(a), where, in respect of the company and its subsidiaries (if any), consolidated financial accounts have been submitted to the Auditor-General Auditor-General 1986 No 124 s 19 Section 30 heading amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(1) amended 1 July 2001 section 54(1)﻿(a) Public Audit Act 2001 Section 30(2) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(3) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(4)﻿(a) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(5) amended 1 July 2001 section 52 Public Audit Act 2001
31: Certain provisions not to apply if Crown ceases to hold controlling interest in company
Upon a controlling interest in the company ceasing to be held by Ministers of the Crown on behalf of the Crown, sections 4 5 6(3) 7 8 29
32: Amendment to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s)
33: Amendment to Income Tax Act 1976
Section 33 repealed 1 April 2005 section YA 2 Income Tax Act 2004
34: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
35: Amendment to Public Finance Act 1989
Amendment(s) incorporated in the Act(s)
36: Consequential amendments and repeals
1: The
2: The following enactments are hereby repealed:
a: the Southland Electric Power Supply Act 1936
b: Amendment(s) incorporated in the Act(s)
c: Amendment(s) incorporated in the Act(s)
d: the State-Owned Enterprises Amendment Act (No 2) 1992 Section 36(1) amended 1 April 2005 section YA 2 Income Tax Act 2004
37: Saving
Notwithstanding the repeal, by section 36(2)﻿(a) section 9 of that Act section 9 of the Southland Electric Power Supply Act 1936