Cityline (NZ) Limited Vesting Order 1992
Reprint
as at 2 September 1992
Cityline (NZ) Limited Vesting Order 1992
(SR 1992/243)
Catherine A Tizard, Governor-General
Order in Council
At Wellington this 31st day of August 1992
Present:
The Right Hon J B Bolger presiding in Council
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This order is administered by the Treasury.
Pursuant to the New Zealand Railways Corporation Restructuring Act 1990, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.
Order
1 Title
This order may be cited as the Cityline (NZ) Limited Vesting Order 1992.
2 Interpretation
-
(1) In this order, unless the context otherwise requires,—
the Act means the New Zealand Railways Corporation Restructuring Act 1990
agreement means the agreement dated 27 July 1992 between the Corporation and Wellington City Transport Limited in connection with the sale of the Business to Wellington City Transport Limited; and includes the letter agreement varying that agreement
book debts means all trade and other debts, accounts, and bills receivable due to the Corporation in respect of the Business
Business means the suburban bus services business carried on by the Corporation known as Cityline Hutt Valley and Cityline Auckland; and includes the ticketing agency business conducted at the Corporation’s premises at Waterloo in the Hutt Valley and at Papakura
closing means the completion date of the sale and purchase of shares pursuant to the agreement
company means Cityline (NZ) Limited
creditors means persons who are creditors of the Corporation in the ordinary course of the Business
employee means a person employed by the Corporation in connection with the Business and who is referred to in clause 3(2)(u)
goodwill means all goodwill of the Corporation in connection with the Business
trade names means the names Cityline Hutt Valley and Cityline Auckland.
(2) Any term or expression that is not defined in this order, but that is defined in the Act, has the meaning given to it by the Act.
3 Vesting of railways assets and railways liabilities in company
-
(1) The railways assets and railways liabilities of the Crown and the Corporation to which this clause applies, being assets and liabilities set out in a list prepared pursuant to section 6 of the Act by the Minister of Finance and the Minister for State Owned Enterprises dated 19 August 1992, shall vest in the Company on 1 September 1992.
(2) This clause applies to—
(a) all rights and obligations of the Corporation under all contracts and agreements, whether oral or written, entered into in the ordinary and normal course of business for the supply of goods and services to, or in connection with, the Business made between the Corporation and any other person, being rights and obligations which arise or are to be performed or discharged on or after the close of business on 31 August 1992:
-
(b) all plant, furniture, and fittings owned by the Corporation and—
(i) situated at the premises used by the Corporation at the Waterloo Interchange at Lower Hutt and used in connection with the Cityline Hutt Valley business of the Corporation (other than the bus wash attached to the maintenance facility):
(ii) situated at the premises used by the Corporation in Papakura for the purposes of the Cityline Auckland business of the Corporation and used in connection with that business:
(iii) situated at the depots in Wainuiomata, Stokes Valley, and Upper Hutt used by the Corporation for the purposes of the Cityline Hutt Valley business of the Corporation and used in connection with that business:
(c) the automatic ticketing machines owned by the Corporation and used in connection with the Business:
(d) all of the Corporation’s rights and obligations under all software licences granted to the Corporation in connection with the Business:
(e) all stores owned by the Corporation and held for use in connection with the Business:
(f) all fuel owned by the Corporation and held for use in connection with the Business:
(g) all other assets owned by the Corporation and used or held for use in connection with the Business (other than land and buildings and the bus wash attached to the maintenance facility at the Waterloo Interchange at Lower Hutt):
-
(h) the following motor vehicles:
Registration number Make and model Cityline location 10561C Hino BG 300 Hutt Valley JE5454 Bedford NFM/D Hutt Valley JE5455 Bedford NFM/D Hutt Valley JE5457 Bedford NFM/D Hutt Valley JX9714 Bedford NFM/D Hutt Valley JX9715 Bedford NFM/D Hutt Valley NA6060 Hino RK176 Hutt Valley NA6947 Hino RK176 Hutt Valley NA6946 Hino RK176 Hutt Valley NA6945 Hino RK176 Hutt Valley NA8507 Hino RK176 Hutt Valley NA7353 Hino RK176 Hutt Valley NA7357 Hino RK176 Hutt Valley NA7358 Hino RK176 Hutt Valley NA7359 Hino RK176 Hutt Valley NL7825 Hino RK176 Hutt Valley NL7826 Hino RK176 Hutt Valley NL7827 Hino RK176 Hutt Valley NL7828 Hino RK176 Hutt Valley NL7829 Hino RK176 Hutt Valley NL7830 Hino RK176 Hutt Valley NL7831 Hino RK176 Hutt Valley NL7832 Hino RK176 Hutt Valley NL7833 Hino RK176 Hutt Valley IQ3922 Bedford KFT Hutt Valley NN4837 Bedford CF Hutt Valley NP7842 Barina Hutt Valley NS6046 Mitsubishi Hutt Valley NL8280 Barina Hutt Valley JP5614 Bedford NFM/D Auckland JX9248 Bedford NFM/D Auckland JX9716 Bedford NFM/D Auckland JZ5550 Bedford NFM/D Auckland JZ6947 Bedford NFM/D Auckland JZ6948 Bedford NFM/D Auckland MI8415 Hino RK176 Auckland NA6078 Hino RK176 Auckland NA7350 Hino RK176 Auckland NA7351 Hino RK176 Auckland NA7361 Hino RK176 Auckland NL7824 Hino RK176 Auckland NL7823 Hino RK177 Auckland NL7790 Hino RK177 Auckland NL7797 Hino RK177 Auckland NL7791 Hino RK177 Auckland NL7792 Hino RK177 Auckland NL8272 Hino RK177 Auckland NL8273 Hino RK177 Auckland NL8873 Hino RK177 Auckland NX9487 Hino RK177 Auckland NX9509 Hino RK177 Auckland NX9507 Hino RK177 Auckland 1055IC Hino BG300 Auckland MK1070 Laser Auckland NL7785 Commodore Auckland OE7914 Sentra Auckland
(i) all the Corporation’s rights and obligations in respect of creditors at the close of business on 31 August 1992:
(j) all the Corporation’s rights and obligations in respect of all book debts at the close of business on 31 August 1992:
(k) all the Corporation’s rights and obligations at the close of business on 31 August 1992 to the Department of Inland Revenue in relation to goods and services tax payable in respect of the Business:
(l) all the Corporation’s rights and obligations under the agency agreement between the Corporation and Icarus Limited pursuant to which the Corporation sells tickets to the public for transport on Intercity coach and rail services as agent for Icarus Limited:
(m) all the Corporation’s rights and obligations under the agency agreement between the operating division of New Zealand Rail Limited, known as Interisland Line, pursuant to which the Corporation sells tickets to the public for transport on the Interisland Line’s Cook Strait ferry services:
(n) all the Corporation’s rights and obligations under the implied agency agreement with the Wellington Regional Council pursuant to which the Corporation sells tickets to the public and provides tickets for resale to agents for transport on suburban bus services in the Hutt Valley:
(o) all the Corporation’s rights and obligations under the agency agreement between the operating division of New Zealand Rail Limited, known as Intercity Rail, pursuant to which the Corporation sells tickets to the public for transport on Intercity Rail’s rail services:
(p) all the Corporation’s rights and obligations under the agency agreement between the operating division of New Zealand Rail Limited, known as Cityrail, pursuant to which the Corporation sells tickets to the public for transport on Cityrail’s rail services:
(q) all the Corporation’s rights and obligations under the agency agreement between the Corporation and Newman’s Coachlines Limited:
(r) all the Corporation’s rights and obligations under all contracts and agreements, whether express or implied, between the Corporation and persons who sell tickets for travel on the services provided by the Corporation in the course of the Business:
(s) all the Corporation’s rights and obligations under all contracts and agreements, whether oral or written, entered into in the ordinary and normal course of business between the Corporation and other persons, for transportation on the bus services provided by the Corporation in the course of the Business; including the contracts with the Wellington Regional Council and the Auckland Regional Council, and all charter services agreed to be provided by the Corporation in the course of the Business after the closing:
(t) all the Corporation’s rights and obligations under the instrument by way of security granted by the Corporation in favour of the Auckland Regional Council:
-
(u) all the Corporation’s rights and obligations under every contract of service with, and every award or agreement relating to, the following employees of the Corporation, being rights and obligations which arise or are to be performed or discharged on or after the close of business on 31 August 1992 including obligations which have accrued as at that date:
Name Position Cityline location R L Smith administration clerk Hutt Valley Bob Kamana administration clerk Hutt Valley J A Dickinson administration clerk Hutt Valley B F J Butcher supervisor Hutt Valley J A Jacobsen administration clerk Hutt Valley A C Hurley inspector Hutt Valley L Blackman garage Hutt Valley W C Greenaway bus driver Hutt Valley R A Jeffries bus driver Hutt Valley M J Watene bus driver Hutt Valley P Sharp bus driver Hutt Valley A W Peterson bus driver Hutt Valley L E J Smith bus driver Hutt Valley Maurice Kapene leading driver Hutt Valley R E Reid bus driver Hutt Valley E T Kaumoana bus driver Hutt Valley L E Espinosa bus driver Hutt Valley R A Horne bus driver Hutt Valley P A Foster bus driver Hutt Valley M K Horne bus driver Hutt Valley L Maiava bus driver Hutt Valley P Paki bus driver Hutt Valley N J Napier bus driver Hutt Valley C J K Murphy bus driver Hutt Valley P H Symonds bus driver Hutt Valley P M Drupe bus driver Hutt Valley G D Phillips bus driver Hutt Valley J Foai bus driver Hutt Valley C E Ornsby bus driver Hutt Valley W W Taute bus driver Hutt Valley R J Chalmers bus driver Hutt Valley J R Puha bus driver Hutt Valley A J Kerr bus driver Hutt Valley H A Cooper bus driver Hutt Valley R K P McMahon bus driver Hutt Valley W R Cornish bus driver Hutt Valley K E Vacher bus driver Hutt Valley J P P Tamahori bus driver Hutt Valley L R Sims leading driver Hutt Valley Charles Aldridge leading driver Hutt Valley Thomas Patuwai bus driver Hutt Valley R B Joseph bus driver Hutt Valley R J Taplin bus driver Hutt Valley R D Rodderkerk bus driver Hutt Valley J T Kerr bus driver Hutt Valley M J Casey bus driver Hutt Valley G J Penney motor mechanic Hutt Valley M W J Blackwood motor mechanic Hutt Valley T Field auto electrician Hutt Valley W B Mulhare leading motor mechanic Hutt Valley L W Blackman garage attendant Hutt Valley T R M Baker operations manager Hutt Valley Richard McChesney accounting manager Hutt Valley D J Bellamy manager Auckland J A Collins administration manager Auckland T E Gilbert operations manager Auckland S A Holmes travel services officer Auckland D A T Simpson operations officer Auckland M M Mason Cityline sales representative Auckland N J McMahon travel services clerk Auckland M J Budd bus driver Auckland P D Cresswell bus driver Auckland A Dong bus driver Auckland M K Harkins bus driver Auckland J H Harris bus driver Auckland W B F Hodder bus driver Auckland B L Lochead bus driver Auckland D W McKinney bus driver Auckland J R Martin bus driver Auckland S R Neilson bus driver Auckland D J O’Brien bus driver Auckland I V G Paerau bus driver Auckland N Pahiri bus driver Auckland J Poa bus driver Auckland R J Prater bus driver Auckland S E Pritchard bus driver Auckland J W Rae bus driver Auckland F Rangiaho bus driver Auckland T M Rickard bus driver Auckland B P Rogers bus driver Auckland J R Spotswood bus driver Auckland E G Williams bus driver Auckland J G Duffy nightwatchman Auckland
(v) all obligations of the Corporation to customers and other persons in respect of ticket agency services in connection with the Business that arise in the ordinary course of business prior to the closing:
(w) all transport service licences held by the Corporation in connection with the Business:
(x) the goodwill:
(y) the Corporation’s rights in the trade names.
Marie Shroff,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order, but is intended to indicate its general effect.
This order, which is made pursuant to the New Zealand Railways Corporation Restructuring Act 1990, vests the assets and liabilities referred to in the order in Cityline (NZ) Limited on 1 September 1992.
In general terms the assets and liabilities are the assets and liabilities of the Corporation’s Cityline bus operation in Auckland and the Hutt Valley.
Date of notification in Gazette: 1 September 1992.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
-
This is a reprint of the Cityline (NZ) Limited Vesting Order 1992. The reprint incorporates all the amendments to the order as at 2 September 1992, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
2 Status of reprints
-
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
-
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
-
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
-
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).