Preliminary

2 Interpretation

In this Act, unless the context otherwise requires,—

aerodrome means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, movement, and servicing of aircraft; and includes any buildings, installations, roads, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration; and also includes any defined air space required for the safe operation of aircraft using the aerodrome; and also includes a military airfield

airport authority has the same meaning as in the Airport Authorities Act 1966

Chief Surveyor means the Chief Surveyor appointed for the land district in which is situated any land to be dealt with under this Act; and includes his deputy

common marine and coastal area has the meaning given in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011

construction and execution, in relation to a work, include the establishment, constitution, operation, maintenance and undertaking of the work; and construct and execute have corresponding meanings

Crown land means all land included within that term in the Land Act 1948, except lands held or occupied by any person under the Crown on deferred payment, occupation with right of purchase, perpetual lease, lease in perpetuity, renewable lease, or under any other kind of lease or licence, or for any other estate or interest

defence work means—

(a)

any naval establishment, army camp, or air force base:

(b)

any arsenal and any other structure or place used for the purpose of constructing, repairing, making, or storing munitions or equipment for or belonging to the Armed Forces:

(c)

any other fortification, camping ground, training ground, parade ground, rifle, artillery, tank, weapon, or bomb range, or other work however designated which is constructed or intended to be used for the purpose of defence, and all roads or other works which may be requisite for approach to or otherwise necessary or convenient for the purposes of any such defence work

drain means a passage, channel, or pipe on, over, or under the ground for the reception and discharge of stormwater or pollutants, whether continuously or intermittently

eligible infrastructure has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020

Environment Court means the Environment Court constituted under the Resource Management Act 1991

Government work means a work or an intended work that is to be constructed, undertaken, established, managed, operated, or maintained by or under the control of the Crown or any Minister of the Crown for any public purpose; and includes land held or to be acquired for the purposes of the Conservation Act 1987 or any of the Acts specified in Schedule 1 of that Act (except the common marine and coastal area), even where the purpose of holding or acquiring the land is to ensure that it remains in an undeveloped state

intellectual property includes all property rights constituted by the Patents Act 2013, the Designs Act 1953, the Trade Marks Act 2002, and the Plant Variety Rights Act 1987, and includes any trade secret; but does not include any property rights constituted by the Copyright Act 1994

land includes any estate or interest in land

local authority means—

(a)

any regional council, territorial authority, catchment authority or regional water board, harbour board, or electric power board:

(b)

any of the following as constituted, established, or continued by the Education and Training Act 2020:

(i)

a board:

(ii)

the council of a university:

(iii)

a wānanga:

(iv)

Te Pūkenga—New Zealand Institute of Skills and Technology or any of its subsidiaries that provide education or training (or both):

(c)

an airport authority:

(d)

any other person or body (however designated) having authority, under any Act, to undertake the construction or execution of any public work

local SPV work means eligible infrastructure—

(a)

that is constructed or intended to be constructed by or under the control of an SPV, or for the time being under the control of an SPV; and

(b)

for which a local authority is the responsible infrastructure authority

local work means—

(a)

a work constructed or intended to be constructed by or under the control of a local authority, or for the time being under the control of a local authority; and

(b)

a local SPV work

motorway means a motorway declared as such by the Governor-General in Council under section 138; and includes all bridges, drains, culverts, or other structures or works forming part of any motorway so declared; but does not include any local road, access way, or service lane (or the supports of any such road, way, or lane) that crosses over or under a motorway on a different level

notice means a statement conveying the general effect of a matter or thing done or intended to be done

protected Māori land has the same meaning as in section 11 of the Infrastructure Funding and Financing Act 2020

public notice means a notice published in a newspaper circulating in the area in which the subject matter of the notice arises, or to which it relates; and, if there is no such newspaper, then by a printed or written placard posted in some conspicuous place on the land or works affected by such notice or to which it relates; and publicly notified has a corresponding meaning

public reserve and reserve have the same meaning as in the Reserves Act 1977

public work and work mean—

(a)

every Government work or local work that the Crown or any local authority is authorised to construct, undertake, establish, manage, operate, or maintain, and every use of land for any Government work or local work which the Crown or any local authority is authorised to construct, undertake, establish, manage, operate, or maintain by or under this or any other Act; and include anything required directly or indirectly for any such Government work or local work or use:

(b)

every Government work or local work constructed, undertaken, established, managed, operated, or maintained by any board (as defined in section 10(1) of the Education and Training Act 2020) and every use of land for any Government work or local work that the board constructs, undertakes, establishes, manages, operates, or maintains, and includes anything required (whether directly or indirectly) for any such Government work or local work or use:

(c)

any Government work or local work that is, or is required, for—

(i)

a university or wānanga as defined in section 10(1) of the Education and Training Act 2020; or

(ii)

the New Zealand Institute of Skills and Technology (as continued by that Act) or any of its subsidiaries that provide education or training (or both)

railway includes—

(a)

the land upon which any railway is made or authorised to be made under this Act, and all buildings and erections of every kind thereon, and all land held for railway purposes; and

(b)

all buildings, erections, wharves, jetties, works, rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or moveable property of every description or kind capable of being used in respect of a railway, and situated or to be situated on any such land or held or used, or reputed to be held or used in connection with or for the purposes of a railway; and

(c)

all telephone, electric telegraph, or other communications installations used in connection with a railway

Registrar-General of Land means the Registrar-General of Land referred to in section 231 of the Land Transfer Act 2017, and includes the Registrar of Deeds

responsible infrastructure authority has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020

road means a road as defined in section 121

SPV means an SPV that is identified by a levy order made under the Infrastructure Funding and Financing Act 2020 as having responsibility for the construction of eligible infrastructure

State highway means a State highway declared as such under section 103 of the Land Transport Management Act 2003

stopping, in relation to a road, includes diverting

telecommunications installation includes any equipment, apparatus, structure, tunnel, manhole, pit, pole, wire, cable, tube, conduit, fibre, waveguide, or other physical medium used or intended to be used for or in connection with a telecommunications service

territorial authority means a territorial authority within the meaning of the Local Government Act 2002; and, in relation to land that does not form part of the district of any such territorial authority, means the Minister of the Crown responsible for the administration of that Act

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

Compare: 1928 No 21 s 2

Section 2 airport authority: inserted, on 18 December 1986, by section 9 of the Airport Authorities Amendment Act 1986 (1986 No 128).

Section 2 common marine and coastal area: inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2 District Land Registrar: repealed, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 2 eligible infrastructure: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 2 Environment Court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 2 essential work: repealed, on 31 March 1987, by section 2(1) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 2 Government work: substituted, on 31 March 1987, by section 2(2) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 2 Government work: amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2 Government work: amended, on 25 November 2004, by section 103(1) of the Foreshore and Seabed Act 2004 (2004 No 93).

Section 2 Government work: amended, on 10 April 1990, by section 37 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 2 intellectual property: inserted, on 31 March 1987, by section 2(3) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 2 intellectual property: amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 2 intellectual property: amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

Section 2 intellectual property: amended, on 1 January 1995, by section 236(1) of the Copyright Act 1994 (1994 No 143).

Section 2 intellectual property: amended, on 16 June 1988, pursuant to section 41(1) of the Plant Variety Rights Act 1987 (1987 No 5).

Section 2 local authority: replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 2 local authority paragraph (b)(iv): amended, on 25 September 2020, by clause 4(2) of the Education (Name Change for NZIST) Order 2020 (LI 2020/260).

Section 2 local SPV work: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 2 local work: replaced, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 2 Minister: repealed, on 1 April 1988, by section 2(1) of the Public Works Amendment Act 1988 (1988 No 43).

Section 2 Ministry: repealed, on 1 April 1988, by section 2(1) of the Public Works Amendment Act 1988 (1988 No 43).

Section 2 National Roads Board: repealed, on 1 October 1989, by section 116(4) of the Government Roading Powers Act 1989 (1989 No 75).

Section 2 Planning Tribunal: repealed, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 2 protected Māori land: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 2 public foreshore and seabed: repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 2 public work and work: substituted, on 31 March 1987, by section 2(5) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 2 public work and work paragraph (b): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 2 public work and work paragraph (c): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 2 railway paragraph (b): substituted, on 31 March 1987, by section 2(6) of the Public Works Amendment Act (No 2) 1987 (1987 No 67).

Section 2 Registrar-General of Land: inserted, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).

Section 2 responsible infrastructure authority: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 2 SPV: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 2 State highway: amended, on 13 June 2013, by section 72 of the Land Transport Management Amendment act 2013 (2013 No 35).

Section 2 territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 Transit New Zealand: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 2 urban area: repealed, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2 working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).