Port Companies Act 1988

Reprint as at 1 December 2014

Port Companies Act 1988

Public Act1988 No 91
Date of assent29 April 1988
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Special provisions where more than 1 regional council or territorial authority succeeds Harbour Board

3 Act to bind Crown

Part 1
Port companies

4 Amendment of documents constituting port companies

4A Harbour Board may hold securities in port company

5 Principal objective to be successful business

6 Directors of port companies

7 Shareholding of port companies

7A Restrictions on holding equity securities

8 Statement of corporate intent

9 Contents of statement of corporate intent

10 Completion of statement of corporate intent

11 Modifications of statement of corporate intent

12 Obligation to make statement of corporate intent available

13 Circumstances in which statement of corporate intent not required

14 Power of Minister to direct certain provisions not to apply

15 Saving of certain transactions

16 Reports and financial statements

17 Protection from disclosure of sensitive information

18 Non-commercial activities

19 Auditor-General to be auditor of port companies and subsidiaries

20 Application of Act to related and associated companies

Part 2
Establishment procedures

21 Establishment Units

22 Determination of port company plan and port related commercial undertakings to be transferred

23 Port related commercial undertakings to be transferred to port company

24 Abrogation of restrictions on transfer

25 Transfer of reserves

26 Modification of provisions of Public Works Act 1981

27 Effect of registration under Land Transfer Act 1952

28 Exclusion of Public Bodies Leases Act 1969

29 Liabilities in respect of port related commercial undertakings

30 Certain matters not affected by transfer of undertakings to port company

31 Consequential provisions on transfer of port related commercial undertakings to port company

32 Employment deemed to be continuous

33 Duty to act in furtherance of objects of Act

34 Supply of information

Part 3
Miscellaneous provisions

35 Public availability of documents

36 Power of other persons to operate ports

37 Stamp duty exemption

38 Application of Income Tax Act 1976 and Goods and Services Tax Act 1985

39 Designations under district schemes [Repealed]

40 Special provision in relation to Gisborne, Greymouth, and Wanganui Harbour Boards

41 Repeal of New Zealand Ports Authority Act 1968

42 Transitional provision in respect of applications before Ports Authority

43 Amendment to Ministry of Transport Act 1968 [Repealed]

44 Repeals

45 Repeals taking effect on 1 October 1988

Schedule 1
Specified Harbour Boards

Schedule 2
Enactments repealed

Schedule 3
Enactments repealed

Schedule 4
Enactments repealed on 1 October 1988

Reprint notes


An Act to promote and improve efficiency, economy, and performance in the management and operation of the commercial aspects of ports and, to this end,—

  • (a) to provide for the formation of port companies to carry out port related commercial activities and control the ownership thereof; and

  • (b) to establish requirements concerning the accountability and ownership of such companies and the responsibilities of Harbour Boards; and

  • (c) to repeal the New Zealand Ports Authority Act 1968 and certain other enactments relating to ports and harbours