Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010

Auckland Transport

12 Vestings in Auckland Transport

(1)

On and from 1 November 2010, the assets, liabilities, and other matters described in subclause (2) vest in or otherwise attach to Auckland Transport.

(2)

The assets, liabilities, and other matters of each existing local authority that—

(a)

are vested in or otherwise attached to the local authority immediately before the close of 31 October 2010; and

(b)

at that date and time would fall within the definition of Auckland transport system if Part 4 of the Local Government (Auckland Council) Act 2009 were in force at that date and time.

(3)

Without limiting subclause (2), on and from 1 November 2010 the following vest in or otherwise attach to Auckland Transport:

(a)

the property specified in Schedule 1; and

(b)

the assets, liabilities, and other matters vested in or otherwise attached to each existing local authority immediately before the close of 31 October 2010 in respect of the infrastructure within Auckland associated with buses, ferries, trains, and other transport that runs to a schedule and is available generally to the public.

(4)

Despite subclauses (1) to (3), the following do not vest in or otherwise attach to Auckland Transport:

(a)

any road within the district of each existing local authority; and

(b)

the rights and liabilities of each existing local authority under any contract or agreement that meets the criteria in subclause (2) or (3)(b), if the rights and liabilities are inconsistent with Auckland Transport’s status, functions, or powers under Part 4 of the Local Government (Auckland Council) Act 2009.

(5)

In subclause (4), road has the same meaning as in section 315 of the Local Government Act 1974.