New Zealand Legislation: Acts

3A Powers of Crown and local authorities

• (1) Notwithstanding any other enactment or rule of law—

  • (a) The Minister for State-Owned Enterprises and the Minister of Finance (on behalf of the Crown); and

  • (b) Any local authority; and

  • (c) Any local authorities, jointly; and

  • (d) Those Ministers (on behalf of the Crown) and any local authority or local authorities, jointly—

  may form a company that is, or is intended to become, an airport company; and may subscribe for, hold, acquire, and dispose of any equity securities or debt securities issued by any such company.

  (2) Nothing in subsection (1) of this section limits the persons who may subscribe for, hold, acquire, or dispose of any equity securities or debt securities issued by a company that is, or is intended to become, an airport company.

  (3) [Repealed]

  (4) The Minister of Finance may from time to time, from the Crown Bank Account (out of money appropriated by Parliament for the purpose), pay for the acquisition on behalf of the Crown of any equity securities or debt securities under subsection (1) of this section.

  (5) The Minister for State-Owned Enterprises and the Minister of Finance, on behalf of the Crown, may from time to time exercise all or any of the Crown's rights and powers as the holder of any equity securities or debt securities acquired under subsection (1) of this section.

  (6) Notwithstanding any other enactment or rule of law, the Crown or any local authority may transfer to an airport company, on such terms and conditions as the Crown or local authority thinks fit, the business or undertaking of any airport authority, and any real or personal property owned by the Crown or local authority which at the time of transfer is being used for the purposes of an airport or is held for future use for the purposes of an airport.

  (6A) Nothing in sections 40 to 42 of the Public Works Act 1981 shall apply to the transfer of land to an airport company under this Act, but sections 40 and 41 of that Act shall after that transfer apply to the land as if the airport company were the Crown and the land had not been transferred under this Act.

  (7) Subject to subsection (7A), if any land proposed to be transferred to an airport company pursuant to subsection (6) of this section is subject to the Reserves Act 1977—

  • (a) It may be so transferred without complying with that Act; and

  • (b) On that transfer occurring the land shall no longer be subject to that Act.

  (7A) A local authority cannot transfer to an airport company land that was vested in the local authority under the Reserves Act 1977 (or that is treated by that Act as having been vested in the local authority under that Act) unless—

  • (a) the Minister has given his or her written consent to the local authority transferring the land to the airport company and the local authority has given a copy of that consent to the Registrar-General of Land; or

  • (b) the Chief Surveyor of the land district within which the land is situated has given a written certificate that the vesting of the land in the local authority was not done by the Crown and the local authority has given a copy of that certificate to the Registrar-General of Land.

  (7B) In considering whether to give consent for the purposes of subsection (7A), the Minister may take into account any matters he or she considers appropriate.

  (7C) Neither this Act, nor the Reserves Act 1977, limits subsection (7B).

  (8) A certificate, signed by the Chief Surveyor for the land district in which the land is situated, that any land described in the certificate, or described in any document on which the certificate appears, is land to which subsection (7) of this section applies shall be sufficient evidence, in the absence of proof to the contrary, that that subsection applies to the land.

  Sections 3A, 3B, 3C, and 3D were inserted, as from 18 December 1986, by section 4 Airport Authorities Amendment Act 1986 (1986 No 128).

  Subsection (1) was amended, as from 1 February 1998, by section 2(1) Airport Authorities Amendment Act 1996 (1996 No 93) by inserting the words “for State-Owned Enterprises”. See clause 2 Airport Authorities Amendment Act Commencement Order 1997 (SR 1997/362).

  Subsection (2) was substituted, as from 12 September 1990, by section 27 Finance Act (No 2) 1988 (1988 No 128). See clause 2 Finance Act Commencement Order (No 2) 1990 (SR 1990/193).

  Subsection (3) was repealed, as from 12 September 1990, by section 27 Finance Act (No 2) 1988 (1988 No 128).

  Subsection (4) was amended, as from 1 July 1989, pursuant to section 83(1) Public Finance Act 1989 (1989 No 44) by substituting the words “Crown Bank Account” for the words “Consolidated Account” and “Loans Account”.

  Subsection (5) was amended, as from 1 February 1998, by section 2(1) Airport Authorities Amendment Act 1996 (1996 No 93) by inserting the words “for State-Owned Enterprises”. See clause 2 Airport Authorities Amendment Act Commencement Order 1997 (SR 1997/362).

  Subsection (6A) was inserted, as from 10 August 1992, by section 39 Civil Aviation Amendment Act 1992 (1992 No 75).

  Subsection (7) was amended, as from 26 September 2000, by section 4 Airport Authorities Amendment Act 2000 (2000 No 37), by substituting the words “Subject to subsection (7A), if” for the word “If”.

  Subsections (7A), (7B) and (7C) were inserted, as from 26 September 2000, by section 4 Airport Authorities Amendment Act 2000 (2000 No 37).