Reprint as at 1 April 2021

Coat of Arms of New Zealand

Port Companies Act 1988

Public Act
 
1988 No 91
Date of assent
 
29 April 1988
Commencement
 
see 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
1Short Title and commencement
2Interpretation
2ASpecial provisions where more than 1 regional council or territorial authority succeeds Harbour Board
3Act to bind Crown
3AAct is maritime Act
4Amendment of documents constituting port companies
4AHarbour Board may hold securities in port company
5Principal objective to be successful business
6Directors of port companies
7Shareholding of port companies
7ARestrictions on holding equity securities
8Statement of corporate intent
9Contents of statement of corporate intent
10Completion of statement of corporate intent
11Modifications of statement of corporate intent
12Obligation to make statement of corporate intent available
13Circumstances in which statement of corporate intent not required
14Power of Minister to direct certain provisions not to apply
15Saving of certain transactions
16Reports and financial statements
17Protection from disclosure of sensitive information
18Non-commercial activities
19Auditor-General to be auditor of port companies and subsidiaries
20Application of Act to related and associated companies
21Establishment Units
22Determination of port company plan and port related commercial undertakings to be transferred
23Port related commercial undertakings to be transferred to port company
24Abrogation of restrictions on transfer
25Transfer of reserves
26Modification of provisions of Public Works Act 1981
27Effect of registration under Land Transfer Act 1952
28Exclusion of Public Bodies Leases Act 1969
29Liabilities in respect of port related commercial undertakings
30Certain matters not affected by transfer of undertakings to port company
31Consequential provisions on transfer of port related commercial undertakings to port company
32Employment deemed to be continuous
33Duty to act in furtherance of objects of Act
34Supply of information
35Public availability of documents
36Power of other persons to operate ports
37Stamp duty exemption
38Application of Income Tax Act 1976 and Goods and Services Tax Act 1985
39Designations under district schemes [Repealed]
40Special provision in relation to Gisborne, Greymouth, and Wanganui Harbour Boards
41Repeal of New Zealand Ports Authority Act 1968
42Transitional provision in respect of applications before Ports Authority
43Amendment to Ministry of Transport Act 1968 [Repealed]
44Repeals
45Repeals taking effect 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