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New Zealand Railways Corporation Restructuring Act 1990  105
Commenced: 28 Aug 1990
THIRD SCHEDULE: Other Enactments Amended




                             THIRD SCHEDULE
 Section 35
                         OTHER ENACTMENTS AMENDED

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        Enactment         |                  Amendment
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 1908, No. 49---The       | By adding to the definition of the term
   District Railways Act  |   ``company'' in section 2 (1) the words ``;
   1908                   |   but does not include a railway operator (as
                          |   that term is defined in section 2 of the
                          |   New Zealand Railways Corporation
                          |   Restructuring Act 1990)''.
                          |
 1971, No. 51---The Stamp | By adding to section 11 (2) the following
   and Cheque Duties Act  |   paragraph:
   1971                   |     ``(s) Section 6 of the New Zealand
                          |           Railways Corporation Restructuring
                          |           Act 1990.''
 1974, No. 66---The Local | By repealing section 279 (8A) (as substituted
   Government Act 1974    |   by section 12 of the Local Government
   (R.S. Vol. 20, p. 1)   |   Amendment Act 1988), and substituting the
                          |   following subsection:
                          |     ``(8A) Where the proposed subdivision or
                          |   any part of it adjoins a railway operated
                          |   by the New Zealand Railways Corporation or
                          |   a railway operator (within the meaning of
                          |   section 2 of the New Zealand Railways
                          |   Corporation Restructuring Act 1990), the
                          |   council shall send a copy of the scheme
                          |   plan to the Chairman of the Corporation or
                          |   the chief executive of the railway
                          |   operator, as the case may be, for his or
                          |   her comments within 35 days after the
                          |   receipt by him or her of a copy of the
                          |   plan.''
 1978, No. 50---The       | By repealing section 3 (1) (c), and
   Fencing Act 1978       |   substituting the following paragraphs:
                          |     ``(c) Land held for railway purposes
                          |           other than for the accommodation of
                          |           employees by the Crown, New Zealand
                          |           Railways Corporation, or a railway
                          |           operator that is a Crown transferee
                          |           company (as those terms are defined
                          |           in section 2 of the New Zealand
                          |           Railways Corporation Restructuring
                          |           Act 1990):
                          |     ``(ca) Land held or occupied for the
                          |           operation of a railway by a railway
                          |           operator, not being a Crown
                          |           transferee company (as those terms
                          |           are defined in section 2 of the New
                          |           Zealand Railways Corporation
                          |           Restructuring Act 1990), other than
                          |           land used principally for car
                          |           parking, the storage of freight,
                          |           materials, and ancillary equipment,
                          |           or administration or residential
                          |           purposes:''.
 1981, No. 35---The       | By repealing the definition of the term
   Public Works Act 1981  |   ``local railway'' in section 176, and
                          |   substituting the following definition:
                          |     `` `Local railway' means all railways and
                          |           tramways, whether constructed under
                          |           the authority of this Act or any
                          |           other Act; but does not include
                          |           railways vested in, or held or
                          |           occupied by, the Crown or a railway
                          |           operator (as that term is defined
                          |           in section 2 of the New Zealand
                          |           Railways Corporation Restructuring
                          |           Act 1990):''.
 1988, No. 97---The       | By adding to Part II of the First Schedule
   Rating Powers Act 1988 |   the following clause:
                          |
                          |     ``24. (1) Land occupied by a railway
                          |   operator that is---
                          |     ``(a) Used as part of the permanent way
                          |           of the railway, being land upon
                          |           which is sited any railway line
                          |           together with such contiguous areas
                          |           of land as are occupied
                          |           incidentally thereto, and are not
                          |           otherwise used; or
                          |     ``(b) Used, or upon which is sited any
                          |           structure or premises used, solely
                          |           or principally for the loading or
                          |           unloading of goods or passengers on
                          |           to or from any train situated on a
                          |           railway line---
                          |   but excluding any land used for
                          |   administrative or other ancillary purposes
                          |   in relation to such use.
                          |     ``(2) For the purposes of this clause---
                          |     `` `Railway line' has the same meaning as
                          |           in the New Zealand Railways
                          |           Corporation Act 1981:
                          |     `` `Railway operator' has the same
                          |           meaning as in the New Zealand
                          |           Railways Corporation Restructuring
                          |           Act 1990.''
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