1981 No 119 New Zealand Railways Corporation · B-13 20. Power to sell goods left by un known owner 21. Power to act as agent of consignor of any goods to collect the price thereof

1981, No. 119 New Zealand Railways Corporation 1093

ANALYSIS

Title 1. Short Title and commencement 2. Interpretation

PART I

NEW ZEALAND RAILWAYS CORPORATION

3. Minister of Railways 4. New Zealand Railways Cor

poration 5. Transfer of property contracts and

liabilities to Corporation 6. Meetings of directors 7. Disclosure of interests 8. Corporation procedure 9. General Manager of Corporation

10. Delegation of functions and powers

11. Remuneration of directors

PART II

FUNCTIONS AND POWERS OF CORPORATION

12. Functions of Corporation 13. Powers of Corporation 14. Power to alter operations and

services 15. Financial contributions 16. Carriage of passengers and goods

otherwise than by rail 17. Carriage of passengers and goods

by water 18. Carriage of goods 19. Conveyance of hazardous sub

stances and dangerous goods

B-13

20. Power to sell goods left by unknown owner

21. Power to act as agent of consignor of any goods to collect the price thereof

22. Power to retain goods received for conveyance if subject to unpaid Customs duties

23. Power to produce, sell, hire, and operate

24. Power in relation to property 25. Acquisition and disposal of shares,

stock, or interest in company or business

26. Power to purchase and authorise sale of liquor on railway

27. Food and entertainment licences under Sale of Liquor Act in respect of railway restaurants

28. Disposal of railways 29. Powers of Corporation as to use of

railways, wharves, etc. 30. Powers of Corporation under Pub-

lic Works Act 31. Power to protect railway 32. Certificates of title for railway land 33. Unused lands and buildings may

be leased 34. Development licences may be

granted in respect of unused railway land or buildings

35. Grant of easements

PART III

FINANCIAL PROVISIONS

36. Capital of Corporation 37. Borrowing by and loans to Cor

poration

1094 New Zealand Railways Corporation 1981, No. 119

38. Investments 39. Bank accounts 40. Capital works expenditure pro-

gramme 41. Unauthorised expenditure 42. Dividends on capital 43. Financial statements and annual

report

PART IV INQUIRIES

44. Appointment of Board of Inquiry as to matters affecting administration of railways

45. Corporation inquiries

PART V

RAILWAY OPERATIONS

46. Safety of Corporation railways 47. New Corporation railways 48. Corporation may agree to work

branch railway or siding in connection with railway

49. Corporation may agree with companies for running powers over lines

50. Railway crossings 51. Local authorities may contribute

towards cost of railway bridge or subway

52. Lights, etc., liable to be confused with railway signals

53. Warning devices at level crossings 54. Traffic at level crossings 55. Rail traffic to have right of way 56. Employee may impound trespass

ing cattle 57. No railways to cross Corporation

railways without consent 58. Gates and cattle stops

PART VI WELLINGTON TO JOHNSONVILLE AND

HUTT VALLEY RAILWAYS

59. Application of this Part 60. Interpretation 61. Restriction upon the carrying on

of passenger services 62. Offences 63. Corporation to carry on passenger

services within prescribed area 64. Information for offences 65. Hutt Valley passenger services

PART VII

STAFF ADMINISTRATION

66. Appointment and dismissal of officers and employees of the Corporation

67. Salaries and conditions of employment

68. Application of State Services Conditions of Employment Act 1977

69. Application of State Services Act 1962

70. Industrial Relations Act 1973 not to apply

71. Officers and employees of New Zealand Government Railways

72. Superannuation of officers and employees

73. Classification of Corporation 74. Compulsory membership of service

organisations 75. Method of appointment to Cor

poration 76. Limiting power of making new

appointments to Corporation 77. Officers may be transferred from

State Services or Education service to Railways Corporation

78. Power to reappoint employees of service organisations

79. Effective date of appointments 80. Annual determinations as to suit

ability for promotion

Apprentices 81. Engagement of apprentices 82. Indentures of apprenticeship 83. Transfer of apprentices 84. Establishment of apprenticeship

advisory committee

Promotions and Transfers Within Corporation

85. Positions may be filled by transfer of members already in Corporation

86. Appointments to be provisional 87. Provisional appointment may at

any time be cancelled by Corporation

88. Continuous review of classification and grading

89. Review of grading 90. Grading Committee 91. Successful application for review

of grading 92. Railway employees responsible for

damage 93. Penalties for breach of regulations

or rules

Constitution of Appeal Board and Rights of Appeal

94. Railways Corporation Appeal Board

95. Election of members of Appeal Board

1981, No. 119 New Zealand Railways Corporatl.On 1095

96. Procedure as to appeals 97. Costs of appeals 98. Rights of appeal of members 99. Rights of appeal of temporary

employees 100. Notice of appeai, jurisdiction, etc. 101. Offence to attempt to influence

improperly Appeal Board or any member thereof

102. Regulations

PART VIII

NEW ZEALAND RAILWAYS STAFF WEl-FARE SOCIETY

) 03. Interpretation 104. Constitution and membership of

society 105. Func-tions of society 106. New Zealand Railways Staff Wel-

fare Board 107. Meetings of Welfare Board 108. Miscellaneous financial provisions 109. Contracts of Welfare Board

PART IX REGULATIONS, SCALES OF CHARGES,

AND CODES OF PRACTICE

Regulations 110. Regulations 111. Scales of charges

Codes of Practice 112. Codes of practice 113. Codes of practice to be approved

by Minister 114. Citation and proof of codes of

practice

PART X GENERAL PROVISIONS

115. Offences 116. Penalties for damage to railways 117. Certificate by Corporation to be

evidence of certain facts 118. Fees for preparation of documents,

etc. 119. Authorisation of reclamation 120. Repeals and amendments

Schedules

1981, No. 119

An Act to establish a corporation to maintain, operate, and develop the services at present carried on by the New Zealand Government Railways Department and to consolidate and amend the law relating thereto

[23 October 1981

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. Short Title and commencement-( 1) This Act may be cited as the New Zealand Railways Corporation Act 1981.

(2) This Act shall come into force on the 1st day of April 1982.

2. Interpretation-In this Act, unless the context otherwise requires,-

"Apprentice" means any person indentured to learn a trade under the guidance of a master:

"Approved urban transport scheme" means an urban transport scheme approved in accordance with the Urban Transport Act 1980:

"Charges" includes rates and fares: "Corporation" means the New Zealand Railways Cor

poration as constituted under section 4 of this Act:

B-13*


"Department" means the New Zealand Government Railways Department as constituted by the Government Railways Act 1949:

"Director" means a director of the Corporation appointed under section 4 (2) of this Act:

"Employee" means any person employed in the service of the Corporation, whether as a member or as an apprentice or on probation or temporarily but does not include any master, officer, or seaman who is employed pursuant to section 17 of this Act:

"General Manager" means the General Manager of the Corporation appointed pursuant to section 9 of this Act:

"Goods" means goods, baggage, and chattels of any description; and includes animals and plants; and also includes money, documents, and all other things of value:

"Level crossing" means any place where a railway line crosses a road on the level or where the public is permitted to cross a railway line on the level; and includes a bridge used for both railway and road traffic:

"Local authority" means a territorial authority within the meaning of the Local Government Act 1974; and includes a regional council and a united council:

"Master" means any employee to whom an apprentice is indentured, and includes the successor in office of that employee:

"Member" means any person employed in the service of the Corporation, but does not include any person serving on probation or any person temporarily employed in any capacity or any master, officer, or seaman who is employed pursuant to section 17 of this Act:

"Minister" means the Minister of Railways: "Notice" means a statement conveying the general effect

of a matter or thing done or intended to be done: "Officer" means any person appointed to a position in

the Corporation specified in the First Schedule to this Act:

"Official circular" means any circular issued by or under the direction of the Corporation, and includes any list printed under any regulations relating to the

classification and pay of employees:


"Open railway" means any railway line open for traffic at or after the commencement of this Act:

"Person" includes a corporation sole and also a body of persons, whether incorporated or not:

"Prescribed" means prescribed by this Act, or by regulations or scales of charges made under this Act:

"Promotion" means advancement to a higher grade or subgrade or to a position carrying a higher rate of salary or wages, and includes progression from the minimum to the maximum salary or wage of any class, subclass, grade, or sub grade:

"Public notice" means a notice published in some newspaper circulating in the locality in which the subjectmatter of the notice arises or to which it relates, or posted in some conspicuous place in any goods office, on any goods shed, or on any railway station in that locality:

"Publicly notified" means notified by public notice: "Railway" includes-

( a) All land belonging to the Crown, or forming part of any public reserve within the meaning of the Reserves Act 1977, upon which any Corporation railway is constructed, or which is or is reputed to be held or used in connection with or for the purposes of the Corporation, and all land which is under the control of the Corporation or which is held by the Corporation or under lease, licence, or otherwise for the purposes of the Corporation; and

(b) All buildings, erections, wharves, jetties, works, rolling stock, motor vehicles, vessels, plant, machinery, goods, chattels, and other fixed or movable property of every description or kind belonging to the Corporation and situate on any such land or held or used, or reputed to be held or used, in connection with or for the purposes of the Corporation:

"Railway line" means any set of rails; and includes the area within 3 metres of a line drawn midway between those rails:

"Service organisation" means anyone of the following organisations:

(a) The National Union of Railwaymen of New Zealand:

(b) The Locomotive Engineers' Association:


(c) The New Zealand Railway Officers' Institute (Incorporated) :

(d) The New Zealand Railway Tradesmen's Association:

"Station" includes any bus terminal, officered railway station, flag station, platform, stopping place, or crossing-siding, and also includes the area within the station limits as defined by the Corporation:

"Ticket" includes any ticket, document, medallion, or pass issued by the Corporation or its agents in connection with the use of any railway.

Cf. 1949, No. 40, s. 2; 1971, No. 41, s. 2 (2) (a); 1972, No. 64, s. 3 (a); 1973, No. 65, s. 2 (1) (a); 1979, No. 59, s. 8 (3)

PART I

NEW ZEALAND RAILWAYS CORPORATION

3. Minister of Railways-The Governor-General may from time to time appoint a Minister of the Crown to be Minister of Railways.

Cf. 1949,No.40,s.4

4. New Zealand Railways Corporation-( 1) There shall be a Corporation to be called the New Zealand Railways Corporation, which shall be an instrument of the Executive Government of New Zealand.

(2) The Corporation shall consist of not more than 7 directors, to be appointed by the Governor-General on the recommendation of the Minister.

(3) The Governor-General shall, on the recommendation of the Minister, appoint one of the directors to be the Chairman of the Corporation.

(4) Subject to this section, every director shall be appointed for a term not exceeding 3 years, and may from time to time be reappointed.

(5) Any director may at any time resign from office by written notice given to the Minister.

(6) Any director may at any time be removed from office by the Governor-General for disability, bankruptcy, neglect of duty, conflict of interest, or misconduct proved to the satisfaction of the Governor-General.


(7) If any director dies or resigns his office or is removed from office, the vacancy shall, as soon as practicable, be filled by the appointment of another director; and, if the term of the vacating director has not expired at the time of the appointment, the director appointed to fill the vacancy shall hold office by virtue of that appointment for the residue of the term of the vacating director.

(8) The powers of the Corporation shall not be affected by any vacancy in its membership.

(9) No person shall be deemed to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956, or in the State services for the purposes of the State Services Act 1962 or of the State Services Conditions of Employment Act 1977, by reason only of his being a director of the Corporation.

(10) The Corporation shall be a body corporate with perpetual succession and a common seal and, subject to this Act, is capable of acquiring, holding, and disposing of real and personal property, and of suing and being sued, and of doing and suffering all other acts and things that bodies corporate may do and suffer.

(11) No company or other body shall be incorporated or registered under any Act or otherwise with a name that is identical with the name of the Corporation or that, in the opinion of the Registrar of Companies, so nearly resembles that name as to be likely to deceive.

5. Transfer of property contracts and liabilities to Corporation-( 1) All real property or interests in land vested in or held or occupied by the Crown for railway purposes immediately before the date of commencement of this Act shall, on that date, be occupied, and used by the Corporation for railway purposes, subject to any leases, rights, easements, and interests subsisting in respect of that land.

(2) All personal property, and rights or privileges relating thereto, vested in or held on behalf of the Crown for the purposes of or in connection with any Government railway carried on by the Minister under the Government Railways Act 1949 immediately before the date of the commencement of this Act shall, on that date, be vested in or held by the Corporation for the purposes of or in connection with any Corporation railway, subject to all interests, liabilities, charges, obligations, and trusts subsisting in respect of that property, and those rights or privileges.


(3) All the contracts, debts, engagements, and liabilities of the Department immediately before the date of the commencement of this Act shall, on that date, become the contracts, debts, engagements, and liabilities of the Corporation.

( 4) All money payable to the Department shall, on the commencement of this Act, become payable to the Corporation.

(5) The registrar of any property which is transferable only in books kept by a company or other body or in a manner directed by or under any Act shall on written application under the seal of the Corporation register it as the holder of any such property that is vested in it under this section.

( 6) All proceedings pending by or against the Crown in respect of any activity carried on by the Minister under the Government Railways Act 1949 shall be carried on by or against the Corporation.

6. Meetings of directors- ( 1) The first meeting of the directors after the commencement of this Act shall be held on a day to be appointed by the Minister.

(2) Subsequent meetings of the directors shall be held at such times and places as the directors from time to time appoint.

(3) Notwithstanding subsection (2) of this section, the Chairman or any 4 directors may call a meeting of the directors.

(4) At all meetings of the directors, 4 directors shall constitute a quorum.

(5) The Chairman shall preside at every meeting of the directors at which he is present.

( 6) If the Chairman is absent from any meeting the directors present shall appoint one of their number to preside at that meeting.

(7) Every question before a meeting shall be decided by a majority of the votes of the directors present at the meeting.

(8) On every question before a meeting, the person presiding shall have a deliberative vote, and, in the case of an equality of votes, he shall also have a casting vote.

7. Disclosure of interests-( 1) Any director who, otherwise than as a director, is directly or indirectly interested in any agreement made or entered into, or proposed to be made or entered into, by the Corporation shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Corporation.

1981, No. 119 New Zealand Railways CorporatIon 1101

(2) A disclosure under this section shall be recorded in the minutes of the Corporation, and, except as otherwise provided by resolution of the Corporation, the director-

( a) Shall not take part or be present after the disclosure in any deliberation or decision of the Corporation relating to the agreement; and

(b) Shall be disregarded for the purpose of forming a quorum of the Corporation for any deliberation or decision.

8. Corporation procedure-Subject to sections 4, 6, and 7 of this Act, the Corporation may regulate its own procedure as it thinks fit.

9. General Manager of Corporation-( 1) The Corporation shall appoint, as an officer of the Corporation, a General Manager, who shall be the chief executive officer of the Corporation and shall be responsible to it for the safe, efficient, and effective administration of its functions and the supervision of its staff employed pursuant to section 17 of this Act and its officers and employees:

Provided that the first General Manager of the Corporation shall be the General Manager of Railways appointed under section 5 of the Government Railways Act 1949.

(2) The General Manager, until such time as a formal delegation of its powers and functions is made by the Corporation, shall have all the functions and powers of the Corporation.

(3) On the occurrence from any cause of a vacancy in the office of General Manager (whether by reason of death or resigna tion or otherwise), or if the General Manager is absent from duty or from his headquarters for any reason whatever, the functions, duties, and powers of the General Manager may be exercised and performed by any person authorised in that behalf by the Corporation.

(4) The fact that any person exercises or performs any function, duty, or power of the General Manager with the concurrence of the Corporation shall be conclusive evidence of his authority to do so.

( 5) For the purposes of subsection (3) of this section the functions and powers of the General Manager shall be deemed to include such of the powers of the Corporation as


the General Manager may for the time being be authorised to exercise pursuant to a delegation under section 10 of this Act.

Cf. 1949,~0.40,s.5;1956,~0.55,s. 10

10. Delegation of functions and powers-( 1) The Corporation may from time to time appoint a committee comprising 2 or more directors of the Corporation, and may from time to time delegate to any such committee any of the functions or powers of the Corporation, other than the power of delegation conferred by this subsection or under subsection (2) of this section.

(2) The Corporation may from time to time delegate to any director or to the General Manager of the Corporation any of its functions and powers, other than the power of delegation conferred by this subsection.

(3) Subject to any instructions given in that behalf by the Corporation, the General Manager may from time to time delegate to any other officer or employee of the Corporation any of his functions and powers, except his power of delegation conferred by this subsection.

(4) Subject to any general or specific directions given or conditions imposed by the Corporation or, as the case may require, by the General Manager, the committee or person to whom any function or power is delegated under this section may exercise that function or power in the same manner and with the same effect as if it had been conferred on it or him directly by this Act.

(5) Every committee or person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.

( 6) Any delegation under subsection (3) of this section may be made to a specified person or to persons of a specified class, or may be made to the holder for the time being of a specified office or appointment, or to the holders of offices or appointments of a specified class.

(7) Any delegation made under this section may be revoked at any time.

(8) ~o delegation of any function or power under this section shall prevent the exercise of that function or power by the Corporation or, as the case may require, by the General Manager.


(9) Any delegation under this section shall, until revoked, continue in force according to its tenor, notwithstanding that the person by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the person for the time being holding the same office; and in the event of the holder of a specified office to whom any such delegation has been made ceasing to hold office the delegation shall continue to have effect as if made to the person for the time being holding that office.

Cf. 1949, No. 40, ss. 6, 7; 1956, No. 55, ss. 11, 12

11. Remuneration of directors- ( 1 ) There shall be paid to the directors of the Corporation, remuneration by way of fees, travelling allowances, and expenses as may be approved from time to time by the Minister of Finance.

(2) The fees, travelling allowances, and expenses payable to the directors of the Corporation shall be paid from the Consolidated Account out of money appropriated by Parliament for the purpose:

Provided that any money paid from the Consolidated Account shall be repaid to that account by the Corporation.

PART II

FUNCTIONS AND POWERS OF CORPORATION

12. Functions of Corporation-( 1) The functions of the Corporation shall be-

(a) To establish, maintain, and operate, or otherwise arrange for, safe and efficient rail freight and passenger transport services within New Zealand:

(b) To establish, maintain, and operate, or otherwise arrange for, safe and efficient road passenger and freight transport services within New Zealand:

(c) To establish, maintain, and operate, or otherwise arrange for, a safe and efficient ferry service for freight, including the carriage of passengers and vehicles between the North and South Islands:

(d) To provide or otherwise arrange for those ancillary services which, in. the op~on of the Corporation, are necessary for It to effiCIently carry out its functions:


(e) To endeavour to carry on the operations of the Corporation in such a way that revenue exceeds costs, including interest and depreciation; and to provide for a return on capital that may be specified from time to time by the Minister of Finance.

(2) The Corporation shall also have such other functions, powers, and duties in relation to the Corporation's activities as are conferred or imposed on the Corporation by this or any other enactment.

13. Powers of Corporation-( 1) The Corporation shall have all the powers that are reasonably necessary or expedient to enable it to carry out its functions.

(2) Without limiting the generality of subsection (1) of this section the Corporation may from time to time for the purposes of carrying out its functions do all or any of the things provided for in this Act, subject to the limitations provided therein.

14. Power to alter operations and services-( 1) Subject to this Act the Corporation may from time to time alter, cease, withdraw from, reduce, increase, or expand any service or operation provided or undertaken by it in the exercise of its functions and powers:

Provided that the Corporation shall adhere to the provisions of any approved urban transport scheme.

(2) The Corporation shall comply with any directions that may be given by the Minister in writing in respect of the provision or curtailment of any passenger services by the Corporation.

(3) No Corporation railway line open for traffic on or after the commencement of this Act shall be closed to traffic without the approval of the Minister:

Provided that this subsection shall not apply in respect of any siding, crossing loop, or marshalling yard.

( 4) The Corporation shall not undertake any substantial new activity, whether or not that activity is specifically authorised under this Act and whether or not that activity relates to operations or services already being carried on by the Corporation, without first obtaining the approval of the Minister.


(5) The Corporation shall not cease, or withdraw from, or considerably reduce any substantial service, operation, or activity without first obtaining the approval of the Minister.

(6) A copy of every direction given; and details of any approval given or declined by the Minister to the Corporation under this section in any financial year shall be included in the annual report of the Corporation for that year laid before Parliament under section 43 (4) of this Act.

15. Financial contributions-( 1) The Corporation may from time to time for the purposes of carrying out its functions enter into arrangements with the Crown, and agreements with any local authority, or any person whatsoever in respect of financial contributions towards the costs of carrying on any service or activity by the Corporation.

(2) In any case where, by virtue of the proviso to section 14 (1) of this Act, the effect of any urban transport scheme is to--

( a) Prohibit the continuation of an existing rail passenger service; or

(b) Alter, in such a way as to adversely affect the Corporation, the conditions under which an existing rail passenger service may be carried on,-

the regional authority that prepared the scheme shall give the Corporation such assistance, including financial assistance, as the regional authority considers appropriate to alleviate the effect of the scheme on the Corporation.

(3) Where-(a) The Corporation is required to provide any service

under section 14 (2) ofthis Act; or (b) The approval of the Minister is withheld under section

14 (3) or 14 (5) ofthis Act; or (c) The Corporation provides any service or activity that

does not generate sufficient revenue to cover all costs associated with the service or activity,-

the Corporation shall be entitled to such contribution from the Crown as shall be determined by the Minister of Finance and the Minister of Transport in consultation with the Minister of Railways and the Corporation.

( 4) Any contribution payable under subsection (3) of this section shall be payable out of money appropriated by Parliament for the purpose.


16. Carriage of passengers and goods otherwise than by rail- ( 1) Section 12 (1) (cl) of this Act shall authorise the Corporation to arrange for the carriage of passengers and of goods by aircraft maintained and operated by any authority or person for the time being authorised to operate in New Zealand any service for the carriage by aircraft of passengers or of goods.

(2) With respect to the carriage of passengers or goods otherwise than by rail, the Corporation shall have the same powers and (except as may be otherwise provided by contract or by notice published in the Gazette) the same liabilities, obligations, rights, and protection as it has in the case of the carriage of passengers and goods by railway.

(3) The provisions of this Act and any regulations under this Act shall be read subject to the provisions of any Act for the time being in force and binding on the Corporation relating to the licensing or control of services for the carriage of passengers or goods.

( 4) Every continuous goods service licence or continuous passenger service licence, issued pursuant to Part VII of the Transport Act 1962, held by or on behalf of the Minister at the commencement of this Act shall be deemed to be held by or on behalf of the Corporation.

(5) The Corporation shall obtain the approval of the Minister before any application is made by it for any licence to be issued under Part VII of the Transport Act 1962:

Provided that this subsection shall not apply in respect of licences for road services that are ancillary to rail services or with respect to any temporary licence.

Cf. 1949, No. 40 s. 13

17. Carriage of passengers and goods by water- (1) The powers conferred on the Corporation under section 12 (1) (c) of this Act shall include the power-

(a) To employ such masters of ships, officers, and seamen as the Corporation considers necessary or expedient for the purpose:

(b) To enter into any agreement under the Industrial Relations Act 1973 with any industrial union or association of workers employed in connection with the carriage of passengers or goods by water, and to be a party to any conciliation proceedings under


that Act, and to be bound by any award or agreement made under that Act to which any such union or association of workers is a party:

(c) To enter into any agreement under section 141 of the Industrial Relations Act 1973 with any society of workers employed in connection with the carriage of passengers or goods by water.

(2) For the purposes of this section, the Corporation may, by notice in writing to the Registrar of the Arbitration Court, elect to become a party to, and be bound by, any specified collective agreement or award under the Industrial Relations Act 1973 or agreement under Part X of that Act in force at the commencement of this Act, subject to such exceptions, amendments, and additions as may be specified in the notice, and thereupon the Corporation shall become a party to, and be bound by, that industrial agreement or award or agreement, subject to any such exceptions, amendments, and additions.

(3) Except as provided in section 70 of this Act, nothing in Part VII or Part VIII of this Act shall apply with respect to any master, officer, or seaman who is employed pursuant to this section, or with respect to any application for such employment made by an employee to whom the said Part VII applies.

( 4) The Governor-General may from time to time, by Order in Council, make regulations not inconsistent with the Shipping and Seamen Act 1952 for all or any of the following purposes:

( a) Determining the manner in which and the terms and conditions on which applicants for employment under this section may enter the service of the Corporation:

(b) Prescribing the respective duties to be performed by persons employed under this section and the discipline to be observed in the performance of those duties:

( c) Providing how and by whom charges of inefficiency or misconduct may be made against any person employed under this section:

(d) Prescribing penalties for breaches of the regulations not exceeding a fine of $20: '

(e) Generally providing for any matters that may be necessary in order to give full effect to this section.


( 5) All persons employed under this section shall in the performance of their duties observe instructions issued from time to time by the Corporation with respect to those duties.

( 6) In this section the terms "master", "officer", and "seaman" have the same meanings as in the Shipping and Seamen Act 1952.

Cf. 1949, No. 40, s. 13B; 1971, No. 41

18. Carriage of goods- ( 1 ) The provisions of the Carriage of Goods Act 1979, so far as they are applicable, shall apply with respect to the receipt, custody, carriage, and delivery of goods under this Act, and, in respect of such matters, the provisions of this Act shall be read subject to the provisions of that Act.

(2) Nothing in subsection (1) of this section shall limit or affect subsections (8) and (9) of this section or section 20 of this Act.

(3) All goods received by the Corporation shall, subject to any conditions or regulations in that behalf, be deemed to be in the custody of the Corporation until delivered to the consignee.

(4) No person shall be entitled to recover from the Corporation or any employee, or from any agent of the Corporation for the purposes of this Act, for any loss of or damage to or in connection with any goods any greater amount than that provided for in the Carriage of Goods Act 1979.

(5) When any goods have been received by the Corporation for carriage, and the time during which the goods may, in accordance with any contract or under any terms and conditions imposed by the Corporation under section 111 of this Act, remain on the premises of the Corporation has expired, then, notwithstanding anything in this Act, the Corporation shall be responsible only as a warehouseman for any loss of or damage to the goods that may occur between the time of the expiry and the time of their removal by the consignee or owner of the goods:

Provided that nothing in this Act shall impose on the Corporation any liability in respect of the goods left on the premises of the Corporation if, by virtue of any such terms and conditions, they are so left, or deemed to be so left, at the risk of the person leaving them.

(6) The Corporation may make special agreements with any person for insuring any goods delivered upon the railway against all loss or damage from any cause whatever or for


insuring the Corporation against all liability in respect of any such loss or damage; and, for the purposes of the premiums in respect of any such insurance, may increase or diminish the charges payable on the goods.

(7) The Corporation may enter into any kind of contract for the carriage of goods described in section 8 of the Carriage of Goods Act 1979.

(8) Every person who makes or procures to be made any false statement in regard to any goods delivered upon the railway (whether in respect of their nature, quantity, weight, measurement, value, or otherwise howsoever) in any consignment note, waybill, or other document delivered in respect of those goods, commits an offence and shall, in respect of each offence, be liable on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $2,000.

(9) If in any such document there is any understatement of the quantity, weight, measurement, or value of the goods, or any misdescription of their nature, which if undetected might lead to their being charged for at less than the proper rate, then, in lieu of charges at the ordinary rate, and irrespective of any person's liability under the last preceding subsection, and whether the understatement or misdescription is wilful or not, charges at a special rate to be fixed by the Corporation, not exceeding double the ordinary rate on the whole consignment, shall be payable in respect of the goods.

Cf. 1949, No. 40, ss. 23, 25; 1979, No. 43, s. 31 (1)

19. Conveyance of hazardous substances and dangerous goods-( 1) For the purposes of this Act the expression "hazardous substances or dangerous goods" includes any substances or goods or any class or classes of substances or goods declared to be hazardous substances or dangerous goods by-

(a) Regulations made under this Act; or (b) Codes of practice issued under section 112 of this Act;

or (c) The Corporation by notice in the Gazette. (2) Subject to section 111 of this Act and any regulations

made under this Act, no person shall send by or bring upon or knowingly permit to be sent by or brought upon a railway or other service carried on by the Corporation any hazardous substances or dangerous goods without distinctly marking the contents on the outside of the package, and giving notice in writing of the contents to the officer in charge of the


station, goods shed, or other place at which the package is left, and any person who fails to comply with this section commits an offence and that person shall be liable on summary conviction to imprisonment for any term not exceeding 3 months or a fine not exceeding $2,000.

(3) The Corporation may refuse to accept any hazardous substances or dangerous goods or any package or parcel which any employee suspects to contain any hazardous substances or dangerous goods and may require it to be opened to ascertain the fact.

( 4) The provisions of this Act relating to the carriage of hazardous substances and dangerous goods shall be deemed to be in addition to and not in substitution for or in restraint of the provisions of any other enactment for the like object, except that nothing in the said provisions shall be deemed to authorise any person to be sued or prosecuted twice in the same matter.

Cf. 1949, No. 40, s. 24; 1980, No. 15, s. 3

20. Power to sell goods left by unknown owner- (1) If any goods are left on railway premises and the owner thereof or the person liable for the charges thereon is not known, the Corporation may cause it to be publicly notified that, unless in the meantime they are removed and the charges thereon paid, they will be sold upon a day named in the notice, being not iess than one month from the publication thereof.

(2) If the goods are not removed and the charges thereon paid before that day, they may be sold in terms of the notice.

( 3) The balance of the proceeds of any such sale, after paying the charges and expenses as specified in the last preceding section, shall be paid into any bank account opened by the Corporation, and shall be paid by the Corporation to any person establishing a lawful claim thereto within one year of the date of the sale.

Cf. 1949, No.40,s. 18

21. Power to act as agent of consignor of any goods to collect the price thereof-( 1) The Corporation may act as the agent of the consignor of any goods to collect from the consignee the price of those goods, and to give a valid discharge in respect thereof.


(2) The terms of any such contract of agency under this section shall be as agreed between the parties, or, in the absence of any special agreement, shall be in accordance with conditions published by the Corporation in the Gazette.

Cf. 1949,~0.40,s. 16

22. Power to retain goods received for conveyance if subject to unpaid Customs duties- ( 1) When any goods have been received for conveyance upon a railway, and the consignee or owner has not complied with all the provisions of any law relating to the charge or collection of duties by the Customs Department, or has not paid all charges incurred by the Corporation on account of the goods that have accrued upon or prior to receipt of the goods by the Corporation, or if the goods are held awaiting the consignor's order to deliver, they may all be held and detained by the Corporation until all such provisions are complied with, and all such charges (if any) are paid, and the consignor's order to deliver (if necessary) is given.

(2) During the time the goods are so held and detained the Corporation shall be responsible only as a warehouseman in respect of any loss or damage that may occur thereto.

(3) The powers by this section conferred upon the Corporation shall not affect the powers vested in it by section 20 of this Act.

Cf. 1949,~0.40,s. 19

23. Power to produce, sell, hire, and operate-The Corporation may from time to time do any of the following things:

(a) Establish, maintain, and operate or otherwise arrange for the operation of metal and gravel producing works:

(b) Undertake the production and sale of advertising or advertising space in any form whatever:

(c) Act as the agent of any travel operator, whether within or outside ~ew Zealand, in respect of the sale of any ticket, reservation, or travel arrangement whatever:

(d) Establish, maintain, and operate or otherwise arrange for the operation of engineering and mechanical workshops and any other works which produce materials, goods, or services required by the Corporation:


( e) Acquire, hire, or lease, or let on hire or lease any materials, machinery, or equipment, including locomotives, wagons, vessels, and vehicles of all descriptions which may be used in connection with the Corporation's operations and services, whether by the Corporation or any other person:

(f) Enter into contracts or joint ventures for the supply or execution of works, the provision of labour, or the marketing of materials, goods, equipment or services (whether for sale, hire purchase, or hire), whether or not they are systems, products, by-products, or manufactures of any branch of the Corporation.

Cf. 1949,~0.40,s. 14

24. Power in relation to property-Subject to this Act, the Corporation may from time to time for the purposes of carrying out its functions and exercising its powers do all or any of the following things-

(a) Occupy, use, manage, and receive any revenues from, and dispose of and receive the proceeds of, the disposal of any property vested in or held or occupied by the Crown for railway purposes without any authority other than this paragraph:

Provided that this paragraph shall not apply to the disposal of any public reserve within the meaning of the Reserves Act 1977:

Provided also that no land shall be disposed of by way of sale, conveyance, transfer, or assignment without the prior written consent of the Minister, who shall have due regard to the future development of the railways:

(b) Purchase, take on lease, be granted, accept, or otherwise acquire any property, either by agreement or subject to section 30 of this Act, compulsorily, whether by or on behalf of the Crown, or on its own behalf and to acquire in its own name without further payment any property vested in or held or occupied by the Crown for railway purposes:

(c) Hold, furnish, equip, develop, improve, alter, extend, repair, and maintain any property:

( d) Subdivide any land, whether by or on behalf of the Crown or on its own behalf and plan, design, construct, and provide buildings, facilities, amenities, works, and services on any land:


(e) Enter into covenants or agreements in respect of any property:

(f) Administer, manage, and control any property: (g) Except as otherwise provided in this or any other Act,

sell, exchange, convey, transfer, assign, lease, dispose of, turn to account, or otherwise deal with any property:

(h) Mortgage or otherwise charge any property held in its own name:

(i) Except as otherwise provided in this or any other Act, generally exercise any rights or undertake any liabilities in respect of any property that could be carried on, exercised, or undertaken by any individual owning such property.

25. Acquisition and disposal of shares, stock, or interest in company or business-( 1) The Corporation may, from time to time, with the approval of the Minister of Finance, subscribe for or otherwise acquire shares, stocks, debentures, or any interest in any company, body corporate, organisation, or business.

(2) The Corporation or any person authorised in that behalf by it may from time to time exercise on behalf of the Corporation all or any of the rights and powers of the Corporation as the holder of any shares, stock, debentures, or interest specified in subsection (1) of this section.

(3) The Corporation may sell or otherwise dispose of any shares, stock, debentures, or interest specified in subsection (1) of this section in such manner and on such terms as it thinks fit.

Cf. 1949,~0.40,s. 13c; 1974,~0.38,s.2

26. Power to purchase and authorise sale of liquor on railway-( 1) Subject to this section, the Corporation may from time to time-

(a) Purchase such quantities of liquor of any description as may be necessary for the purposes of this section:

(b) Establish and maintain liquor facilities in any railcar or railway carriage, or in any part of any railcar or railway carriage, that is suitably constructed and equipped for the purpose:


( c) During such hours as it may determine and subject to such terms and conditions as it may direct, authorise and make provision for the sale and disposal of any liquor so purchased to any person for consumption in any such railcar or railway carriage.

(2) Where the Corporation maintains liquor facilities in any railcar or carriage, it shall designate a member of the Corporation to be the manager of those facilities.

(3) Sections 238, 243 to 248, 259, except subsection (6), 260, and 269 of the Sale of Liquor Act 1962 shall, so far as they are applicable and with any necessary modifications, apply to every railcar and carriage in which liquor facilities are established and maintained and to every manager designated under subsection (2) of this section in the same manner as if the railcar or carriage were licensed premises within the meaning of section 2 of the Sale of Liquor Act 1962 and as if the manager of the liquor facilities were a licensee within the meaning of that section.

( 4) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $100, who, without lawful excuse, takes away from any railcar or carriage in which liquor facilities are established and maintained any liquor sold in that railcar or carriage, as the case may be.

(5) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $20, who, in any railcar or carriage in which liquor facilities are established and maintained, consumes any liquor knowing that it has not been sold in the railcar or carriage, as the case may be.

(6) Where liquor facilities are established and maintained only in part of a railcar or carriage, every reference in this section to a railcar or carriage shall be construed as meaning that part of the railcar or carriage in which the facilities are established and maintained.

(7) For the purposes of this section-"Liquor" means liquor as defined in section 2 of the

Sale of Liquor Act 1962: "Liquor facilities", or "facilities", means any facilities

or amenities for the sale, dispensing, supply, or consumption of liquor:

"Sale" includes keeping for sale, exposing for sale, and offering for sale.

C£. 1949, No. 40, s. 14A; 1968, No. 40, s. 2 (1); 1969, No. 129, s. 2 (3)


27. Food and entertainment licences under Sale of Liquor Act in respect of railway restaurants- ( 1) The Corporation, or any restaurant manager nominated by it, may from time to time apply under section 107 of the Sale of Liquor Act 1962 to the Licensing Control Commission for a food and entertainment licence in respect of any railway station restaurant. In making any such application it shall not be necessary to comply with the requirements of subsection (2) of the said section 107; but, subject to subsection (2) of this section, all the other provisions relating to the application for, and the granting and issuing of, a food and entertainment licence under the Sale of Liquor Act 1962 shall apply so far as they are applicable.

(2) Where a licence is applied for under subsection (1) of this section, the licensee of any premises conducted under a food and entertainment licence may object under section 109 of the Sale of Liquor Act 1962 to the granting of the licence on any ground specified in that section or on the ground that his business will be prejudicially affected if the licence is granted. Where any such licensee makes such an objection, the Commission shall, in addition to the considerations to which it must have regard under section 110 of the Sale of Liquor Act 1962, have regard to the effect that the licence might have on the business of the objector, if the Commission thinks it fair and equitable to do so, having regard to all the circumstances of the case.

(3) If the Commission decides to grant the application, it may, notwithstanding section 67 A of the Sale of Liquor Act 1962 authorise the Corporation or the restaurant manager, as the case may be, to sell and serve table wine, beer, and stout in the restaurant to any person actually partaking of a meal therein, for consumption by that person as part of the meal on any day at any time between such hours, being not earlier than 10 a.m. and not later than 11 p.m. as the Commission may order.

( 4) The opening and closing times for the sale and service of liquor in the restaurant shall be specified in the licence.

(5) The Commission may from time to time, on the application of the licensee, make an order varying, within the limits specified in subsection (3) of this section, the hours within which liquor may be sold and served under the licence; and the provisions of the licence shall be read subject to any such order.


(6) No more than 5 food and entertainment licences may be in force in respect of railway station restaurants at anyone time.

(7) Subject to this section and any order made by the Commission under this section, while a food and entertainment licence continues in force in respect of any railway station restaurant, all the provisions of the Sale of Liquor Act 1962, so far as they are applicable to premises conducted under a food and entertainment licence, and with any necessary modifications, shall apply in respect of the restaurant.

Cf. 1949, No. 40, s. 14B; 1968, No. 40, s. 3 (1)

28. Disposal of railways- ( 1) In this section, unless the context otherwise requires,-

"Company" means a company or any other body incorporated in New Zealand or elsewhere, and having authority by virtue of its memorandum of association or othenvise to acquire and work any railway in accordance with this section:

"Railway" includes any defined portion of a railway. (2) Where the operation of any railway has ceased, the

Corporation may with the approval of the Minister sell or otherwise dispose of that railway to any company willing to take and work the same, and may in like manner sell or dispose of any other property of the Corporation held in respect of that railway.

(3) In making any disposition under subsection (2) of this section, the Corporation may impose such terms and conditions as it thinks fit, including conditions as to the working and maintenance of the railway, and it shall not be lawful for the company to work the railway save in accordance with the conditions so imposed.

( 4) Where work in connection with the construction of any railway has been suspended or abandoned the Corporation may, with the approval of the Minister, by sale, lease, or othenvise, dispose of the same and of all or any property of the Corporation held in connection therewith to any company willing to complete the construction and thereafter to work the railway.

(5) In making any disposition under subsection (4) of this section, the Corporation may impose such terms and conditions as it thinks fit, including conditions as to the completion of the work of construction and as to the working and maintenance of the railway on the completion thereof,


and it shall not be lawful for the company to undertake the work or to work or maintain the railway save in accordance with the conditions so imposed.

(6) The Corporation may require any such company as aforesaid to find good and sufficient security for the due performance of any conditions imposed under this section to such amount as the Corporation directs.

(7) The powers conferred by this section are in addition to and not in substitution for any other powers as to the disposal of Corporation railways conferred by this or any other Act, and nothing in this Act or in any other Act imposing any restrictions on the sale or other disposal of property of the Corporation or of the Crown shall have any application to or in any way restrict the exercise of any of the powers conferred by this section.

Cf. 1949,~o.40,s.60

29. Powers of Corporation as to use of railways, wharves, etc.-The Corporation may from time to time enter into any agreement or contract with any person for all or any of the following things:

(a) Providing that the person may, for such term as the Corporation thinks fit, use any works, buildings, wharves, and jetties constructed and used for the purposes of the Corporation:

(b) Providing that the Corporation or any person authorised by the Corporation may use any works, buildings, wharves, and jetties belonging to any such person:

(c) For laying down any tramway or line of rails in or upon any wharf, quay, or dock, or upon any land vested in any such person, for the conveyance of goods and passengers to and from a railway:

( d) For the use of cranes, hoists, weighing and other machines, weights and measures, conveniences, or appliances belonging to any such person:

(e) For the use by any such person of cranes, hoists, weighing and other machines, weights and measures, conveniences, or appliances used for the purposes of the Corporation:

(f) For the charges to be payable for services performed by or on behalf of any person:


(g) For the collection of the charges and for payment of the charges to any person with whom that agreement is made:

(h) As to the payment to be made by the one party to the other party of such charges as may be fixed, the time and mode of payment, and the keeping of accounts between the parties:

(i) Generally for the settlement of such terms and conditions as may be necessary to give effect to the foregoing provisions.

Cf. 1949, No. 40, s. 54; 1971, No. 41, s. 6

30. Powers of Corporation under Public Works Act-The powers and duties conferred and imposed on the Minister of Works and Development by the Public Works Act 1981 are, so far as they are applicable and with any necessary modifications, hereby conferred and imposed-

(a) In relation to the compulsory acquisition of land, on the Minister; and

(b) In relation to all other matters and works on the Corporation,-

in respect of all matters and works under the control of or being carried out by the Corporation, but without in any way limiting or interfering with the powers and duties of the Minister of Works and Development under the said Act.

Cf. 1949, No. 40, s. 10 (1)

31. Power to protect railway-( 1) Without in any way limiting the powers conferred upon the Minister of Works and Development by section 166 of the Public Works Act 1981, it is hereby declared that either the Corporation or the Minister of Works and Development, for the purpose of protecting any Corporation railway, or preventing or lessening any risk of damage thereto, may from time to time construct, maintain, alter, or reconstruct any embankment, groyne, or other protective work on any land or on the bank of any river or stream, or divert, impound, or take away any part or the whole of the water of any river or stream, or alter the course of any river or stream; and may also discontinue or abandon any such work as and when it or he thinks fit.


(2) The Corporation may, by notice in writing, require the occupier or, where there is no occupier, the owner of any land abutting upon a railway to do any of the following acts:

(a) To remove, lower, or trim to the satisfaction of the Corporation any tree or hedge where, in the opinion of the Corporation, the removal, lowering, or trimming is necessary in order to prevent injury to the railway or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto:

(b) To remove, lower, or trim to the satisfaction of the Corporation any tree or hedge, or to lower any fence or wall, if in the opinion of the Corporation, the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other railway.

(3) Within 10 days after service of the notice the occupier or owner may apply to a District Court for an order setting aside the notice.

( 4) On the hearing of the application, the Court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.

(5) In the case of a notice which is not set aside, if the occupier or owner fails to do any such act in compliance therewith within one month after the service thereof, or, where the application has been heard, within one month after the giving of the decision of the Court, the Corporation may enter on the land and do that act and recover the cost from him.

(6) The said cost shall be a charge upon the land. (7) Except with the written consent of the Corporation

or of the Minister of Works and Development, it shall not be lawful for any local authority, or for any person other than the Corporation or the Minister of Works and Development, to exercise upon any railway land any of the powers conferred by this section upon the Corporation or the Minister of Works and Development.

(8) All claims for compensation in respect of the exercise of any of the powers conferred by this section shall, unless settled by agreement, be determined in the manner provided


by the Public Works Act 1981, and the provisions of that Act relating to compensation shall, so far as they are applicable and with any necessary modifications, apply accordingly.

Cf. 1949, No. 40, s. 11; 1959, No. 66, s. 2

32. Certificates of title for railway land-( 1) Where any land has become vested in the Crown or the Corporation for railway purposes so that the fee simple estate and all other estates and interests therein of any person other than the Crown are extinguished, the District Land Registrar, on the completion of such surveys (if any) as may be necessary shall, at the request of the Corporation, issue a certificate of title for the land in the name of either the Crown or the Corporation, and that certificate of title shall include a reference to the purposes for which the land is held.

(2) Any instrument which relates to the land in any such certificate of title and is duly executed by a person having the necessary authority under this Act may thereafter be registered in accordance with the Land Transfer Act 1952.

(3) Any certificate of title issued before the commencement of this section in the name of the Crown and any instrument which is duly executed by a person having the necessary authority under this Act or under the corresponding provisions of any former Act and which relates to the land in any such certificate of title shall be deemed to have been lawfully issued or executed.

(4) Any land declared by section 26 or section 37 of the Public Works Act 1981 to be vested in the Crown in fee simple shall for the purposes of this section be deemed to be vested in the Crown so that the fee simple therein is extinguished.

Cf. 1949, No. 40, s. 46A; 1950, No. 71, s. 2

33. Unused lands and buildings may be leased- ( 1 ) The Corporation may from time to time let on lease, upon such conditions and for such term, subject to this section, as it thinks fit-

(a) Any railway land for sites for storing goods, or for erecting buildings, or for such other purposes as may be approved by it:

(b) Any railway buildings, workshops, or other erections: ( c) Any land or buildings for the sale of refreshments,

books, or other articles:


( d) The use of structures erected on land, or of any part of the rolling stock, for the display of advertisements thereon.

(2 ) For the purposes of subsection (1) ( a) of this section the expression "land" includes, whether together with or separately from the surface of the land,-

(a) The whole or any portion of the air space above the land:

(b) The whole or any portion of the subsoil.

(3) The letting may be by private contract, or by public tender, or by public auction, or by public application at fixed rentals, or pursuant to a licence granted under section 34 of this Act:

Provided that the letting may be by private contract in the following cases only:

( a) Where the lease is for a term not exceeding 2 years without right of renewal; or

(b) Where the rent payable under the lease is not less than an annual rent fixed by a valuation made by the Valuer-General.

(4) The lease may be for a term not exceeding 21 years with or without a right of renewal, perpetual or otherwise, for the same or any other shorter term:

Provided that where the lease is in respect of any property to which paragraph (c) or paragraph (d) of subsection (1) of this section applies, the term of the lease shall not exceed 7 years.

(5) Where any lease of land is granted under this section for farming purposes, the Corporation, with the concurrence of the local authority within whose district the land is situated, may direct that the lessee shall not be liable for rates in respect of the land. In every such case-

(a) The Corporation shall fix the period (not exceeding 7 years) for which the rates shall not be payable so long as the land is used for farming purposes; and

(b) During the period so fixed, the land shall be deemed not to be rateable property for the purposes of the Rating Act 1967 and for the purposes of the Local Authorities Loans Act 1956.


( 6) In addition to the powers conferred on the Corporation by the foregoing provisions of this section, the Corporation shall, in respect of any lands to which this section relates, have all the powers of a leasing authority under the Public Bodies Leases Act 1969.

Cf. 1949, No. 40, ss. 49, 50 (1); 1971, No. 41, s. 4 (1); 1979, No. 59, s. 8 (3)

34. Development licences may be granted in respect of unused railway land or buiIdings-( 1) The Corporation may from time to time grant a licence, upon such conditions and for such term and upon such payment (if any) as it thinks fit, to any person to enter upon railway land and to do all such things as may be specified in the licence, for the purpose of making such investigations as may be necessary in order to prepare a plan for the development for industrial, commercial, residential, or recreational purposes of any railway land or buildings that are or may become available for leasing.

(2) Any licence granted to any person under subsection (1) of this section may contain provisions for the grant to that person or his assignee of a lease of all or any part of the land or buildings in respect of which the investigations for development are to be made, upon the fulfilment of such conditions in that behalf as may be specified in the licence.

(3) Section 35 (4) of this Act shall not apply to any right to any easement, or to construct or carry out any work upon, over, or under any railway which is granted under or in connection with any licence granted under subsection (1) of this section, or under or in connection with any lease granted pursuant to any such licence.

Cf. 1949, No. 40; S.50A; 1971,No.41,s.5

35. Grant of easements-( 1) The Corporation may from time to time, grant to any person any easement in, upon, through, over, or under any railway land, subject to such conditions and payments of rent as the Corporation thinks fit, and subject to revocation without compensation at any time when the service of the public requires it, and subject also to immediate revocation in case of the breach of any conditions under which the easement was granted:

Provided that nothing herein shall be so construed as to limit the power of the Corporation to impose additional conditions as to revocation if it thinks fit.


(2) Subject to such terms as to rental or other payment, and such other terms and conditions, including conditions as to revocation, as it deems fit, and subject also in every case to the conditions as to revocation contained in subsection (1) of this section, the Corporation may from time to time, grant to any person any of the following easements, privileges, or concessions in respect of any railway land:

(a) Right of way or passage: (b) Righ: of access to any railway by gateway or other

WIse: (c) Right to use water: ( d) Right to lay, construct, maintain, and use any electric

line, telephone line, telephone, telephone booth, tramway, roadway, footway, parking place, level crossing, water race, sludge channel, culvert, drain, pipe, loading bank, fuel tank, weighbridge, wharf, stage, mooring site, timber slip, boom, crane, protective tank, sluice gate, fence, or plantation:

( e) Right to cut timber, flax, or grass: (f) Right to take away earth, clay, rock, limestone, ballast,

gravel, or sand: (g) Any other easement, privilege, or concession of a similar

character. (3) Notwithstanding anything in subsection (1) or sub

section (2) of this section, where any easement, privilege, or concession to which those subsections refer is granted to any person under or in connection with any licence granted under section 34 (1) of this Act, or under or in connection with any lease granted pursuant to any such licence, the easement, privilege, or right may be subject to such payments of rent and such conditions as the Corporation thinks fit, including conditions as to revocation without compensation when the service of the public requires it, and such additional conditions as to revocation as the Corporation considers necessary.

(4) Notwithstanding anything in any other Act, no person shall have any right to any easement, or to construct or carry out any work upon, over, or under any railway, without having first obtained from the Corporation a grant of the right as provided in this section; and the Corporation may require the person to execute a deed or agreement setting forth the conditions subject to which the right is granted.

(5) Any easement granted to a public body upon, over, or under any railway at a public level crossing shall be at a nominal rental.

Cf. 1949, No. 19, ss. 55, 56; 1971, No. 41, s. 7


PART III

FINANCIAL PROVISIONS

36. Capital of Corporation-( 1) The Governor-General shall, on the advice of the Minister of Finance, by Order in Council determine the capital of the Corporation at the commencement of this Act.

(2) Any amount owing to the Crown by the Corporation at the commencement of this Act and specified in the Order in Council made under subsection (1) of this section shall be deemed to have been paid to the Corporation by the Minister of Finance as part of the capital of the Corporation, and the liability of the Corporation to repay advances of that amount shall be extinguished.

(3) The Corporation may from time to time, by resolution, recommend to the Minister of Finance that the capital of the Corporation be increased, and in any such case the Governor-General on the advice of the Minister of Finance, may by Order in Council increase the capital of the Corporation to such an amount as may be prescribed in that order. The amount of any such increase shall be paid to the Corporation by the Minister of Finance.

37. Borrowing by and loans to Corporation-(l) The Corporation may from time to time, with the consent of the Minister of Finance and on and subject to such terms and conditions as he thinks fit, borrow money (whether by overdraft or otherwise) and issue debentures, or mortgage or charge any of its real or personal property.

(2) The Minister of Finance may from time to time, on behalf of the Crown,-

(a) Advance money to the Corporation; and (b) Give in respect of any advances made to the Corpora

tion by any other person any guarantee, indemnity or security pursuant to section 86 of the Public Finance Act 1977,-

on and subject to such terms and conditions as the Minister of Finance thinks fit.

(3) The Minister of Finance may from time to time, on behalf of the Crown, enter into agreements with the Corporation for the purpose of giving full effect to the provisions of this section.


(4) All money required to be paid by the Minister of Finance under this section (other than subsection (2) (b)) or section 36 of this Act shall be paid out of the Consolidated Account or the Loans Account from money appropriated by Parliament for the purpose.

38. Investments-Any money belonging to the Corporation and from time to time available for investment may be invested-

( a) In New Zealand Government securities: (b) On deposit in any bank or banks approved for the

purpose by the Minister of Finance: (c) In any manner, or in any securities, that may from

time to time be authorised for the purpose by the Minister of Finance.

39. Bank accounts-(l) The Corporation may from time to time open at any bank or banks approved for the purpose by the Minister of Finance, or at any branch or agency of any such bank, such accounts (including imprest and subsidiary accounts) as it considers necessary or desirable for the conduct of its business.

(2) Every account opened under subsection (1) of this section shall be operated upon by cheque or other instrument (not being a promissory note or bill) signed by such person or persons as may from time to time be authorised in that behalf by the Corporation.

40. Capital works expenditure programme- ( 1) The Corporation shall, before the 31st day of March in each financial year, in the context of a 5 year strategic plan, provide the Minister with a programme of major capital works proposed to be undertaken by the Corporation during the following financial year.

(2) In the exercise of its functions and powers, the Corporation shall not, without the consent of the Minister, undertake capital expenditure for any particular purpose in excess of such sum as the Minister of Finance may from time to time determine.

41. Unauthorised expenditure-In any financial year the Corporation may expend for purposes not authorised by this or any other Act any sum or sums not amounting in the aggregate to more than $5,000.

B-14


42. Dividends on capital- (1) After making prOVlSlon in relation to accumulated losses, the Corporation shall in each financial year declare a dividend on the capital of the Corporation of such amount as may be fixed in that behalf by the Minister of Finance after consultations by him with the Corporation:

Provided that the Minister of Finance, having regard to the financial position of the Corporation, may in any financial year determine that no dividend shall be payable by the Corporation in respect of that year.

(2) The amount of any dividend declared by the Corporation under this section shall be paid into the Consolidated Account.

43. Financial statements and annual report-( 1) The Corporation shall, as soon as practicable after the 31st day of March in every year, prepare the financial statements of the Corporation for the financial year ending with that date, which shall consist of statements of financial position, profit and loss, changes in financial position, and such other statements as may be necessary to show fully the financial position of the Corporation and the financial results of its operations during that financial year.

(2) The Corporation shall be audited by the Audit Office, which for that purpose shall have all such powers as it has under the Public Finance Act 1977 in respect of public money and stores and persons dealing therewith.

(3) As soon as practicable after the 31st day of March in every year, the Corporation shall furnish to the Minister a report of the Corporation's operations for the financial year ending on that date, together with a copy of the Corporation's financial statements for that year and the report thereon of the Audit Office.

(4) A copy of the report, the financial statements, and the Audit Office's report in each year shall be laid before Parliament as soon as practicable after their receipt by the Minister.

(5) The Public Finance Act 1977 is hereby amended by repealing paragraph (k) of the First Schedule.

PART IV INQUIRIES

44. Appointment of Board of Inquiry as to matters affecting administration of railways- ( 1) The Minister may at any time appoint any person or persons to be a Board of


Inquiry to inquire into and report upon any matters arising out of or connected with the administration of this Act, or the control, maintenance, or working of a railway or any part thereof. Every person so appointed shall hold office during the pleasure of the Minister.

( 2) Any person concerned in an inquiry under this section may appear before the Board of Inquiry either personally or by an agent appointed by him in writing in that behalf. That agent may be a member of the Corporation, or the General Secretary or an assistant general secretary of a service organisation, or, if the Minister so approves, may be a barrister or solicitor not otherwise authorised to act as agent by this subsection.

(3) Any person or persons appointed as aforesaid shall, for the purpose of conducting any inquiry under this section, have the same protection and the same powers and authorities to summon witnesses, administer oaths, and receive evidence as are conferred upon Commissioners by the Commissions of Inquiry Act 1908; and all the provisions of that Act shall apply to witnesses so summoned, oaths so administered, and to evidence so received and given, as completely and effectually as if the witnesses had been summoned, the oaths had been administered, and the evidence had been received or given, by virtue or under the authority of that Act:

Provided that for the purposes of this section the reference in section 8 of the said Act to the Minister of Internal Affairs shall be deemed to be a reference to the Minister of Railways.

( 4) On any such inquiry the person or persons appointed as aforesaid shall direct himself or themselves by the best evidence he or they can procure or that is laid before him or them, and may receive or reject, as he or they think fit, any evidence that may be tendered.

(5) All evidence given in any such inquiry shall be reduced to writing and the written records of the evidence shall be preserved as records of the Corporation.

( 6) The Board may in each case fix the costs of any inquiry under this section, and may direct by whom and in what proportions those costs shall be payable:

Provided that the Minister may direct that the whole of the costs of any inquiry shall be paid by the Corporation.

(7) Any costs so directed to be paid by any person other than the Corporation may be recovered from that person as a debt due to the Corporation.

B-14*


(8) There shall be paid by the Corporation to any person or persons appointed to hold any inquiry under this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the :Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if any such person were a member of a statutory Board within the meaning of that Act.

(9) The proceedings in any inquiry under this section shall b~ conducted in private unless the Minister shall direct otherWIse.

(10) The fact that a Board of Inquiry appointed by the Minister under this section proposes or proceeds to inquire into any matter arising out of or connected with the administration of this Act, or the control, maintenance, or working of a railway or any part thereof, shall be conclusive evidence that the Board has been duly constituted under this section and has full authority to make the inquiry and to exercise in respect thereof all the powers and authorities conferred by this section.

Cf. 1949, No. 40, s. 68; 1951, No. 79, s. 10 (1)

45. Corporation inquiries-( 1) The Corporation may at any time appoint any employee or employees generally or specially to hold an inquiry into charges or allegations of inefficiency or misconduct of an employee or into any matter arising out of or connected with the administration of this Act.

(2) With respect to every inquiry held under this section the following provisions shall apply:

(a) Any employee or employees so appointed shall, for the purpose of conducting any inquiry under this section, have the same powers and authority to summon witnesses, administer oaths, and receive evidence as are conferred upon the Commissioners by the Commissions of Inquiry Act 1908; and all the provisions of that Act shall apply to witnesses so summoned, oaths so administered, and evidence so received and given, as completely and effectually as if the witnesses had been summoned, the oaths had been administered, and the evidence had been received or given by virtue or under the authority of that Act:


(b) The inquiry shall be deemed to be a judicial proceed~ ing and shall be conducted in private unless the Corporation shall direct otherwise:

(c) If the inquiry is into any complaint or charge affecting the conduct or capacity of any employee he shall be furnished with a written statement of the subject~ matter of the complaint or charge:

( d) Any such employee shall appear in person, or by a member as defined in section 94 of this Act, or by the General Secretary or an assistant general secre~ tary of a service organisation, and the Corporation shall appear by such a member appointed in that behalf:

( e) All evidence in any such inquiry shall be reduced to writing and signed by the witness giving the same in each case, and the written records of the evidence shall be preserved as records of the office of the Corporation.

Cf. 1949,~0.40,s.69

PART V

RAILWAY OPERATIONS

46. Safety of Corporation railways-( 1) The safety of the Corporation railways shall be of prime importance to the Corporation.

(2) The General Manager shall on behalf of and subject to any instructions from the Corporation ensure safety standards for railway operations are set and maintained.

(3) The Chief Civil Engineer shall report to the General Manager at the end of each financial year whether or not the standards set for the construction and maintenance of formation, track, bridges, and other structures and all matters which directly or indirectly affect the operation of Corpora~ tion railway lines are sufficient and adequate for the safe operation of the railway, and whether or not those standards have been met.

( 4) The Chief Mechanical Engineer shall report to the General Manager at the end of each financial year whether or not the standards set for the construction and maintenance of all locomotives and rolling stock are sufficient and adequate for the safe operation of the railway, and whether or not those standards have been met.


(5) The Chief Signals and Communications Engineer shall report to the General Manager at the end of each financial year whether or not the standards set for the construction and maintenance of railway signalling and communications systems and all associated equipment are sufficient and adequate for the safe operation of the railway, and whether or not those standards have been met.

47. New Corporation railways-( 1) A Corporation railway or any part thereof shall not be opened for public traffic until the Chief Civil Engineer or a suitably qualified civil engineer nominated by him has inspected that railway or that part, and given a certificate to the General Manager stating that that railway or that part is safe and meets the required standards set by the General Manager.

(2) Where rolling stock has been used in the construction of any Corporation railway, that rolling stock shall not be used for public traffic until the Chief Mechanical Engineer or a suitably qualified mechanical engineer nominated by him has inspected the rolling stock and given a certificate to the General Manager stating that the rolling stock is safe to operate for public traffic and in all respects meets the required standards set by the General Manager.

(3) The requirements of this section shall be deemed to have been duly complied with in the case of every Corporation railway or part of a Corporation railway which is in fact open for traffic at the commencement of this Act.

Cf. 1949, No. 40, s.8; 1953, No. 63,s.8

48. Corporation may agree to work branch railway or siding in connection with railway-The Corporation may agree on such terms and conditions as it thinks fit with any person desiring to construct a branch railway or siding in connection with any Corporation railway for the construction and maintenance of so much of the branch or siding as may be within the limits of the railway, and for the working of the branch or siding in connection with the railway, subject, however, to the following conditions:

(a) No such agreement shall have effect for more than 10 years from the date thereof:

(b) The part of the branch or siding within the boundaries of the railway shall be deemed to be a part of the railway, and shall be worked subject to such conditions relating to proper maintenance, with a view


to protecting the railway and rolling stock from injury and to ensuring safety and economy in working, as the Corporation from time to time thinks fit to impose, whether by agreement, rule, instruction, or otherwise:

( c) The part of the branch or siding outside the boundaries of the railway shall be worked subject to such conditions relating to proper maintenance, with a view to protecting the railway and rolling stock from injury and to ensuring safety and economy in working as the Corporation from time to time thinks fit to impose, whether by agreement, rule, instruction, or otherwise:

(d) If default is made in duly paying any money payable under the agreement, or in duly observing any of the other terms or conditions thereof, in any such case, and so long as the default continues, the Corporation may at any time suspend the traffic upon the branch or siding, or close its connection with the railway:

(e) The Corporation may at any time, after giving 3 months' notice thereof to the owner or manager of the branch or siding, close or remove the connection with the railway:

(f) No compensation shall be payable to any person whatever for any loss or damage arising from the connection of any branch or siding with the railway being closed or removed under paragraph (d) or paragraph (e) of this section.

Cf. 1949,~0.40,s.58

49. Corporation may agree with companies for running powers over lines-( 1) After the completion of any such branch or siding connected with a Corporation railway the Corporation may agree with the person constructing or owning the branch or siding that any trains or rolling stock the property of the Corporation may be run upon the branch or siding, and that any trains or rolling stock the property of that person may be run upon any Corporation railway, upon such terms and conditions as are specified in the agreement.

(2) No such agreement shall have effect for more than 5 years from the date thereof.


(3) Nothing in this Act or in any such agreement shall be deemed to authorise any person to enter upon any Corporation railway for any purpose whatever, except with the written authority of the Corporation first obtained in that behalf.

(4) The agreement may provide for the payments to be made by the one party to the other party of such charges as are fixed in that behalf, and as to the time and mode of payment thereof and the keeping of accounts between the parties.

(5) For all purposes of conducting traffic, and for levying charges, and for the operation of regulations, rules, and instructions the branch or siding shall during the subsistence of the agreement be deemed to be a Corporation railway, and all the provisions of this Act that may be applicable thereto shall be applicable to the branch or siding accordingly, subject to such modifications or alterations as are prescribed by the Corporation.

(6) Nothing in this section shall give to any such person any power or authority to enter into any agreement which is not within the scope of the powers or authorities possessed by him.

Cf. 1949, No. 40, s. 59

50. Railway crossings-( 1) Where a road crosses a railway on the level the Corporation shall form, surface and maintain the carriageway and crossing on the railway and for a distance, on each side, of 10 metres, outside the centre line on any line of rails so crossed; and the local authority having control of the road shall form, surface, and maintain the approaches to the crossing, subject to the approval of the Corporation.

(2) Where a road crosses over or under any railway by means of a bridge, the structure of the bridge, exclusive of the decking or other road surface, shall be maintained by the Corporation.

(3) Where a road crosses under the railway, the road shall be maintained by the local authority having the control thereof.

( 4) Where a road crosses over the railway, the decking or other road surface of the bridge shall be maintained by the Corporation at the cost of the local authority having charge of the road.

Cf. 1949, No. 40, s. 61; 1973, No. 65, s. 2 (1) (6)


51. Local authorities may contribute towards cost of railway bridge or subway-( 1) Any territorial authority within the meaning of the Local Government Act 1974 or, in th~ case of a regional road, the regional or united council, or any 2 or more such authorities, may agree with the Corporation for the construction and maintenance by the Corporation of a subway under, or a bridge over, any Corporation railway, or a railway bridge over any road (whether or not the subway or bridge is within the district of the local authority), and for the payment by the local authority of the whole or part of the cost of such construction and maintenance.

(2) Any such agreement may be entered into with respect to any existing subway or bridge, or with respect to any proposed subway or bridge.

(3) Any local authority that is authorised by this section to pay in whole or in part the cost of the construction of any subway, bridge, or railway bridge may agree with the Corporation, and shall be deemed at all times heretofore to have had power so to agree, that any such payment shall be made by instalments extending over a period of not more than 10 years in any case, and that interest at such rate as may be agreed on shall be paid on any unpaid balance of that cost.

Cf. 1949, No. 40, s. 62; 1979, No. 59, s. 8 (1)

52. Lights, etc., liable to be confused with railway signals( 1) \Vhere any fire, light, or sign is burnt or exhibited in such a place or in such a manner as to be liable to be mistaken for or to obscure a railway signal, or to make it difficult for persons engaged in the operation of railway trains to dis6nguish any railway signal, the Corporation, or some person by its direction, may serve a notice on the owner of the place where the fire, light, or sign is burnt or exhibited, or on the person having charge of the fire, light, or sign, directing that owner or person within a reasonable time, to be specified in the notice, to take effectual means for extinguishing, removing, or screening the fire, light, or sign, and for preventing for the future any similar fire, light, or sign.

(2) The notice may be served either personally or by delivery at the place of abode of the person to be served, or by affixing it in some conspicuous spot near the fire, light, or sign to which the notice relates.

(3) Every owner or person on whom a notice is served under this section who fails without reasonable cause to comply with the directions contained in the notice commits


a common nuisance, and, in addition to any other penalties or liabilities he may incur, shall be liable on summary conviction to a fine not exceeding $200 in respect of each offence.

( 4) If any owner or person on whom a notice under this section is served neglects for a period of 7 days to extinguish, remove, or effectually screen the fire, light, or sign mentioned in the notice, the Corporation may, by its servants or workmen, enter upon the place where the fire, light, or sign is and forthwith extinguish, remove, or screen it, doing no unnecessary damage; and may recover the expenses incurred in so doing from the owner or person on whom the notice has been served as a debt due to the Corporation.

Cf. 1949, No. 10, s. 31

53. Warning devices at level crossings- ( 1) The Corporation may cause to be erected at a level crossing such notices and warning devices as it considers necessary for the protection of persons using the level crossing.

(2) The Corporation shall not be liable in respect of any accident that may occur by reason of any failure of any such warning device.

(3) Notwithstanding any rule of law to the contrary, the Corporation shall not be deemed negligent in law if the Corporation fails to provide a crossing keeper or a bridge keeper or a warning device or a notice at any level crossing for the purpose of protecting locomotives, railcars, carriages, wagons, or other vehicles using the railway line when they are passing over the level crossing, or of warning road users of the approach of any such locomotive, railcar, carriage, wagon, or vehicle.

Cf. 1949, No. 40, s. 63; 1956, No. 55, s. 5

54. Traffic at level crossings-( 1) No person shall cross or attempt to cross on foot or ride or drive or attempt to ride or drive any bicycle or vehicle or animal on or across a level crossing or elsewhere 011 a railway when there is any risk of the vehicle or animal being involved in a collision with any locomotive, railcar, carriage, wagon, or other vehicle using the railway line.

(2) I t shall be the duty of every person driving a motor vehicle when approaching or crossing a level crossing to keep a vigilant lookout for any approaching locomotive, railcar, carriage, wagon, or other vehicle using the railway line.

Cf. 1949, No. 40, s. 64 (1), (2B) ; 1956, No. 55, s. 6


55. Rail traffic to have right of way-For the purpose of determining the speed at which it is reasonable to travel, every employee responsible for the driving or control of any locomotive, railcar, carriage, wagon, or other traffic on the railway line shall be entitled to assume that all persons will keep clear, and all vehicles that do not use the railway line and all animals will be kept clear of traffic using the railway line; and, so long as such care as is reasonable in the circumstances is taken in each case by all employees responsible, all such locomotives, railcars, carriages, wagons, and other traffic may proceed past any station, level crossing, or elsewhere on the railway line at a speed which would be reasonable if there was no possibility of that part of the railway line being obstructed by any such vehicle, person, or animal; and neither the Corporation nor any employee shall be deemed negligent merely because any employee acts on that assumption for the purpose of determining the speed at which it is reasonable to travel, or merely because any such locomotive, railcar, carriage, wagon, or other traffic proceeds at such a speed:

Provided that, where an employee has reason to believe, or by the exercise of reasonable care would have reason to believe, that a collision is about to occur between any such locomotive, railcar, carriage, wagon, or other traffic, and any such vehicle, person, or animal, that employee shall be responsible to take all steps reasonably possible to prevent the collision, and the provisions of this section relating to negligence shall not apply to any such employee in so far as he fails to do so or to the Corporation in so far as any employee fails to do so.

Cf. 1949, No. 40, s. 65; 1952, No. 82, s. 23

56. Employee may impound trespassing cattle-( 1) Any employee may impound cattle trespassing on any railway; and any act, matter, or thing required under the Impounding Act 1955 to be performed or done by the occupier of land as defined in that Act may be performed and done in respect of any railway by any person authorised generally or specially in that behalf by a railway district traffic manager, a railway district civil engineer, or a railway resident civil engineer.

(2) Section 174 of the Public Works Act 1981 shall not apply to. Corporation railways open for traffic.

Cf. 1949, No. 40, s. 20


57. No railways to cross Corporation railways without consent-( 1) Notwithstanding anything in any Act relating to railways or tramways, no railway or tramway shall cross any Corporation railway on the level except under an agreement previously entered into in that behalf between the Corporation and the owner of that railway or tramway; and the Corporation is hereby empowered to enter into such agreements upon such terms and conditions as it thinks fit, and to enforce the same whenever the occasion arises.

(2) Every such agreement shall provide that, in case default is made by the owner of the railway or tramway in carrying out the terms of the agreement, the Corporation may, in addition to the exercise of any other remedies prescribed by the agreement, remove the crossing, and all material used in connection therewith, from the Corporation railway.

Cf. 1949, No. 40, s. 67

58. Gates and cattle stops-Notwithstanding anything in the Local Government Act 1974 or the Public Works Act 1981, or any other Act, relating to the erection of gates across roads, it is hereby declared that with respect to every Corporation railway the following special provisions shall apply:

(a) It shall not be lawful to erect or maintain across a road, where the road crosses any line of railway on the level, any gate within 100 metres of the centre line of the railway at the crossing:

Provided that in any case where there are no cattle stops at a level crossing the Corporation, if it thinks fit, may agree with the local authority having the control of the road to allow any such gate to be erected or maintained, under such conditions as, in the interests of public safety, the Corporation thinks fit to impose:

(b) At private level crossings where there are cattle stops it shall not be lawful to erect gates so as to enclose the railway; and where there are gates connected with the fencing which encloses any railway, cattle stops shall not be allowed in the line of railway:

( c) If any gate is erected in contravention of this Act, irrespective of all other liabilities to which the person or local authority erecting the gate is thereby exposed, the gate may, at the cost and expense in all things of that person or authority at any time


without any notice, be removed by the Corporation or by any employee authorised by it either generally or specially in that behalf.

Cf. 1949, No. 40, s. 66

PART VI

WELLINGTON TO JOHNSONVILLE AND HUTT VALLEY RAILWAYS

59. Application of tbis Part-This Part of this Act shall not apply while any approved urban transport scheme for the Wellington region is in force.

60. Interpretation-For the purposes of this Part of this Act,-

"Prescribed area" means the area described in Part I of the Second Schedule to this Act:

"Defined route" means the route described in Part II of the Second Schedule to this Act.

Cf. 1949, No. 40, s. 70; 1956, No. 55, s. 2

61. R~triction upon the carrying on of passenger servicesSave as provided in section 63 of this Act, it shall not be lawful for any person other than the Corporation to carry on, within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area, any passenger service within the meaning of the Transport Act 1962, notwithstanding that a licence to carry on the service may have been issued under that Act.

Cf. 1949, No. 40, s. 71

62. Offences-( J) Every person who carries on a passenger service in contravention of section 61 of this Act commits an offence and shall be liable on summary conviction to the penalties prescribed by the Transport Act 1962 for carrying on a passenger service in contravention of that Act.

(2) Every director or other person acting in the management of any company which carries on a passenger service in contravention of section 61 of this Act commits an offence and shall be liable on summary conviction to a fine not exceeding $20 for every day on which the service is so carried on, in addition to any penalty to which the company is liable.

Cf. 1949, No. 40, s. 72


63. Corporation to carry on passenger services within prescribed area-( 1) It shall be the duty of the Corporation to carry on, within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area, such passenger services under the Transport Act 1962 as may be necessary to meet the reasonable requirements of those residents within the prescribed area who are not served with reasonable convenience by the railway, and a licence or licences under that Act shall, on application by the Corporation, be granted accordingly by the proper licensing authority:

Provided that section 117, sections 140, 141, 166, 171 (1), subsections (1) and (2) of section 172, and section 174 (1) of the said Act shall not apply with respect to any passenger service licence applied for or granted under the authority of this subsection, or to the renewal of any such licence, and all the provisions of the Transport Act 1962 shall be read subject to this section.

(2) If and so long as the Corporation complies with the obligation imposed by subsection (1) of this section, a licence to carry on a passenger service within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area shall not, except with the consent of the Corporation, be granted under the Transport Act 1962 to any person other than the Corporation.

(3) If any question arises as to whether or not the Corporation is at any time complying with the obligation imposed on it by subsection (1) of this section it may, in accordance with the provisions of subsection ( 4) of this section, be referred to the Minister of Transport, and the decision of that Minister shall be final.

( 4) Any such question may be brought before the Minister of Transport only by petition signed by not fewer than 50 adult residents of the locality in respect of which the question arises. The grounds of complaint and the relief sought shall be clearly stated in the petition, and the Minister of Transport shall not be bound to consider any petition until the provisions of this subsection have been complied with. In considering any such petition it shall be the duty of the Minister of Transport to have regard to the facts of the case, and also to any economic or other general considerations affecting the public interest that may be relevant to the subject-matter.


( 5) If after considering the matters referred to in subsection (4) of this section the Minister of Transport determines that the Corporation has failed to comply with the obligations imposed on it by this section, he shall serve on the Corporation a notice specifying the matters in which the Corporation failed to carry out its obligations, and requiring the Corporation to remedy those matters within a time to be specified in that behalf:

Provided that the terms of any such notice may from time to time be varied by the Minister of Transport either on the application of the Corporation or on petition under subsection (4) of this section.

(6) If within the time so specified the Corporation has not complied with the terms of any such notice to the satisfaction of the Minister of Transport, it shall be lawful for the appropriate licensing authority under the Transport Act 1962 to grant to any person who applies for the same a licence under that Act to carry on a passenger service within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area.

(7) For the purposes of any petition or application coming before him pursuant to this Part of this Act, the Minister of Transport shall have aJl the powers and protection of a Commission under the Commissions of Inquiry Act 1908.

Cf. 1949, No. 40, s. 73

64. Information for offences-Notwithstanding anything in sections 182 and 194 of the Transport Act 1962, information for an offence under that Act in respect of any passenger service carried on within the prescribed area or between the prescribed area and any part of the City of Wellington outside that area may at any time be laid by an employee.

Cf. 1949, No. 40, s. 74

65. Hutt Valley passenger services-( 1) It shall not be lawful for any person other than the Corporation to carry on over the defined route or any part thereof a regular passenger service within the meaning of the Transport Act 1962.

(2) Subsection (1) of this section shall not apply to the carriage of passengers in a regular passenger service over the defined route--


(a) If that passenger service carries passengers past Point Howard, and the route lies through Petone Esplanade, Buick Street, Jackson Street, Jessie Street, Hutt Estuary Bridge, and Seaview Road, or is approved by the Corporation:

(b) If all of those passengers are carried by that passenger service past the road summit on the Rimutaka Hill, or the road summit on the Akatarawa Hill, or the junction at Paramata of State Highway number 1 and State Highway number 58.

(3) Notwithstanding anything in the Transport Act 1962 or in any licence granted under that Act, the Corporation may abandon, suspend, or curtail any authorised passenger service over the defined route; and the abandonment, suspen· sion, or curtailment of any authorised passenger service over the defined route shall not of itself be a breach of the terms and conditions of any such licence.

Cf. 1956, No. 55, s. 2; 1973, No. 65, s. 2 (2)

PART VII

STAFF ADMINISTRATION

66. Appointment and dismissal of officers and employees of the Corporation-Subject to this Act, the Corporation may, from time to time,-

( a) Appoint such officers and employees, including appren· tices and temporary and probationary officers and employees, as it considers necessary for the efficient exercise of its functions; and

(b) In accordance with the Corporation's terms and con· ditions of employment, remove any such officer or employee from his office or employment.

67. Salaries and conditions of employment- ( 1) Officers and employees of the Corporation shall be paid such salaries and allowances and employed on such terms and conditions' of service as may from time to time be prescribed pursuant to section 68 of this Act.

(2) Notwithstanding anything in any other enactment, determinations (as provided for in the State Services Con· ditions of Employment Act 1977 and in the New Zealand Government Railways Act 1949) in force immediately before the commencement of this Act covering remuneration and allowances and terms and conditions of employment of


officers and employees of the New Zealand Government Railways Department shall, without further author\ty than this subsection, continue in force and have effect after the commencement of this Act as determinations applying to the officers and employees of the Corporation.

68. Application of State Services Conditions of Employment Act 1977-( 1) The State Services Conditions of Employment Act 1977 shall, with any necessary modifications and subject to this section, apply to the remuneration and conditions of employment of officers and employees, including apprentices and temporary and probationary officers and employees, of the Corporation in the same manner as it applies to the remuneration and conditions of employment of employees in the State Services.

(2) For the purposes of the application of the State Services Conditions of Employment Act 1977-

(a) The Government Railways Industrial Tribunal shall have jurisdiction in relation to the employees of the Corporation; and

(b) The Corporation shall be the employing authority.

69. Application of State Services Act 1962-The State Services Act 1962 shall, with any necessary modifications, apply to the Corporation and the officers and employees of the Corporation in the same manner as it applied to the New Zealand Government Railways Department and the officers and employees of that Department immediately before the commencement of this Act.

70. Industrial Relations Act 1973 not to apply( 1) Except as provided for in section 17 of this Act and the Industrial Relations Act 1973 nothing in that Act shall apply to the Corporation or employees of the Corporation.

(2) The Industrial Relations Act 1973 IS hereby amended-

( a) By omitting from section 141 (6) the words "Minister of Railways on behalf of the Crown", and substituting the words "New Zealand Railways Corporation":

(b) By omitting from section 216 (2) the words "Government Railways servants", and substituting the words "employees of the New Zealand Railways Corporation" .


(3) The Industrial Relations Act 1973 is hereby further amended by repealing section 217 (1) (as amended by section 6 (1) of the Industrial Relations Amendment Act 1973), and substituting the following subsection:

"( 1) Each of the unions referred to in subsection (2) of this section maybe a party to any conciliation proceedings or proceedings before the Court under this Act affecting workers employed by the New Zealand Railways Corporation under section 17 of the New Zealand Railways Corporation Act 1981 and may be a party to and bound by any award or collective agreement."

( 4) The Industrial Relations Amendment Act 1977 is hereby consequentially amended by repealing so much of the First Schedule as relates to section 217 (1) of the Industrial Relations Act 1973.

71. Officers and employees of New Zealand Government Railways-( 1) Subject to this Act every person who immediately before the commencement of this Act was an officer or employee of the New Zealand Government Railways Department (as established by the Government Railways Act 1949) shall, at the commencement of this Act, become, without further appointment than this section, an officer or employee of the Corporation on and subject to the same terms and conditions of employment (including those applicable to salaries and allowances) as applied to him immediately before the commencement of this Act.

(2) The service of any such person as an officer or or employee of the New Zealand Government Railways Department referred to in subsection (1) of this section shall be deemed to have been service as an officer or employee of the Corporation.

72. Superannuation of officers and employees-Notwithstanding the definition of "Government service" in section 2 of the Government Superannuation Fund Act 1956, employment in the service of the Department or the Corporation as the case may be, either before or after the commencement of this Act shall be deemed to be Government service for the purposes of the Government Superannuation Fund Act 1956.

73. Classification of Corporation-The Corporation may be classified into the Salaried Division and the General Division. The Corporation may, in respect of its employees, after con-


sultation with the service organisation concerned, make determinations fixing occupational classes, with such subclasses, grades, and subgrades or any of them as it may specify.

Cf. 1949, No. 40, s. 75; 1969, No. 64, s. 56 (3)

74. Compulsory membership of service organisations(1) Every person who is obliged to become a member of any service organisation under regulations made pursuant to this Act shall be entitled to become a member of that service organisation on application made in accordance with its rules, and, in so far as the rules of any service organisation are inconsistent with this subsection, they shall be of no effect.

(2) The Minister may exempt, either unconditionally or upon or subject to such conditions as the Minister thinks fit, any employee or class of employees from any such regulations.

(3) Notwithstanding anything in any other Act, in any case where any employee fails to apply for membership of a service organisation as required by any such regulations or in any case where an employee who is a member of a service organisation fails to pay any fees due by him as a member thereof to the organisation, the Corporation may authorise to be deducted from the salary or wages of the employee, and paid to the organisation, the amount of the fees which would have been payable by the employee if he had become a member of the organisation or, as the case may be, the amount of the fees owing by him as a member of the organisation.

( 4) In any case where an employee who is eligible for membership of 2 or more service organisations fails to apply, as required by any such regulations, for membership of any one of those organisations, the Corporation may direct to which of those organisations any amount that may be deducted from his salary or wages under subsection (3) of of this section may be paid, and the amount so deducted shall be the amount of the fees which would have been payable by the employee if he had become a member of the organisation to which payment is so directed to be made.

Cf. 1949,No.40,s. 76

75. Method of appointment to Corporation-( 1) Every person who may hereafter be appointed to a position in the Corporation specified in the First Schedule to this Act, howsoever that position is for the time being designated, shall be so appointed by the Corporation. For the purposes of this


subsection, a certificate by the Corporation as to any change in the designation of any position specified in the said Fir~t Schedule shall be conclusive evidence of the facts stated III

the certificate regarding that change: Provided that the Corporation shall not delegate its power

of appointment under this subsection. (2) Every other appointment to a position in the Corpora

tion shall be made by the Corporation. Cf. 1949, No. 40, s. 77; 1980, No. 15, s. 6

76. Limiting power of making new appointments to Corporation- ( 1) Except as otherwise provided in this Act, no person other than a member in the service of the Corporation shall be appointed to any position therein unless in the opinion of the appointing authority no member then in the service of the Corporation and available for appointment to that position is fully qualified for appointment to that position and capable of efficiently carrying out the duties thereof.

(2) This section shall not apply where any person who has retired from the Corporation under section 36 of the Government Superannuation Fund Act 1956 is again appointed to any position in the Corporation.

Cf. 1949,No.40,s. 78

77. Officers may be transferred from State Services or Education service to Railways Corporation-( 1) Subject to sections 75 and 76 of this Act, the Corporation may from time to time appoint any person now or hereafter holding any position in any branch of the State Services or the Education service to any position in the Corporation; and may transfer any such person to the Corporation, and direct what salary shall be paid to him, and in which division, class, subclass, grade, and subgrade thereof he shall be placed under the provisions of this Act, and shall also name a date (past, present, or future) upon which the transfer shall take effect.

(2) On appointment and transfer taking effect, all the provisions of this Act and every other Act, and all regulations, that may then or thereafter be in force and relate to the Corporation, shall extend and apply to the person so appointed and transferred, who shall cease to have any rights, other


than in respect of superannuation, in respect of his previous employment in the State Services or Education service, as the case may be.

Cf. 1949, No. 40, s. 79; 1956, No. 55, s. 22

78. Power to reappoint employees of service organisationsAny employee who resigns, or has resigned at any time before the commencement of this Act, from the service of the Corporation or the Department, as the case may be, to take up engagement as a full-time employee of any service organisation (whether before or after the commencement of this Act) may upon the termination of his engagement with the service organisation be reappointed to the Corporation at the rate of pay which the Corporation shall determine is then appropriate to the position or occupation held by that person at the date of his resignation.

Cf. 1949, No. 40, s. 80

79. Effective date of appointments- ( 1) The power to appoint any person to any position in the Corporation shall be deemed to include the power to appoint that person from and including a date to be specified by the appropriate appointing authority, which date may be earlier or later than the date on which the power of appointment is exercised, and salary shall be payable from and including such date (not being earlier than the date so specified) as the Corporation may determine.

(2) Subsection (1) of this section shall apply, notwithstanding that any other person previously appointed to the position may on the specified date and for any time thereafter continue to hold and receive the salary for that position though (by reason of absence or other circumstance) not actually performing the duties thereof, or if the appointing authority is of opinion that a new appointee should be given a period of time in which to make himself familiar with the duties of the position before its vacation by the other occupant.

Cf. 1949, No. 40, s. 81; 1963, No. 124, s. 5

80. Annual determinations as to suitability for promotion(1) Without limiting the functions of the Corporation with respect to appointments under section 85 of this Act, it is hereby declared that the Corporation, once in each year,


shall determine, in the case of every member in its service who in its opinion is within !'ange of promotion in the usual course to any position, the appointment to which is made by the Corporation, whether or not he is suitable for appointment to that position.

(2) Every determination under this section in respect of any such member shall be notified to the member in such manner as the Corporation thinks fit.

(3) In making any determination under this section in respect of any such member the Corporation shall be bound by the considerations referred to in subsections (4), (5), and (6) of section 85 of this Act so far as they are applicable and with any necessary modifications.

Cf. 1949, No. 40, s. 82

Apprentices 81. Engagement of apprentices-Subject to the provision')

of this Act and any regulations made under this Act, the Corporation may from time to time appoint in accordance with section 75 (2) of this Act suitable persons to be probationary apprentices for the purpose of training them to become tradesmen.

Cf. 1949, No. 40, s. 83Aj 1967, No. 158, s. 4 (1)

82. Indentures of apprenticeship-( 1) On completion of such probationary period as may be prescribed, an indenture of apprenticeship may be entered into between the probationary apprentice and his parent or guardian on the one hand and an employee authorised by the Corporation to act as a master for the purposes of this Act on the other j and, on the execution of the indenture of apprenticeship, the probationary apprentice shall become an apprentice within the meaning of this Act.

(2) Every indenture of apprenticeship shall be in such form as may be prescribed.

(3) Every parent or guardian, who is a party to any indenture, shall be bound by its terms until the apprentice reaches the age of 20 years; and on his reaching that age the indenture shall cease to apply to the parent or guardian.

(4) Subject to any agreement between all the parties to any indenture and to this Act and any regulations made uncler this Act, every apprentice shall, whether he has reached the


age of 20 years or not, be bound by the terms of the indenture during its currency which shall be such period as may be prescribed.

(5) Nothing in the Apprentices Act 1948 shall apply to any apprentice while he is employed by the Corporation or to any indenture of apprenticeship entered into and in force under this section.

(6) If at any time the Corporation directs any apprentice to be dismissed pursuant to section 93 (2) of this Act, the apprentice's indenture shall thereupon be deemed to be discharged.

(7) The Corporation and any apprentice may at any time agree to vary or discharge the apprentice's indenture; but if the apprentice is under the age of 20 years the consent in writing of the parent or guardian who joined in the execution of the indenture shall be obtained before any such variation or discharge.

(8) If any parent or guardian who is a party to the indenture of any apprentice dies before the apprentice reaches the age of 20 years, any consent required to be given by that parent or guardian for the purposes of this section or section 83 of this Act may be given by his legal personal representatives.

Cf. 1949, No. 40, s. 83B; 1967, No. 158, s. 4 (1); 1970, No. 137, s. 6; 1976, No. 34, s. 2

83. Transfer of apprentices-( 1) If the Corporation considers that the course of the apprentice's training so requires, the apprentice may be transferred for such period and on such terms as the Corporation may determine or approve-

(a) To an employer within the meaning of the Apprentices Act 1948, in which case the apprentice shall, during the period of transfer, be subject to that Act; or

(b) To the Post Office, in which case the apprentice shall, during the period of transfer, be subject to the Post Office Act 1959; or

(c) To any part of the Public Service, in which case the apprentice shall, during the period of transfer, be subiect to the State Services Act 1962.

(2) Notwithstanding anything in the Apprentices Act 1948, any apprentice within the meaning of that Act may be transferred to the Corporation for such period and on such terms as the Corporation may determine or approve. Any apprentice so transferred shall, during the period of transfer, be subject to this Act and to any regulations made under this Act relating to apprentices.


(3) Subject to the Post Office Act 1959 or, as the case may be, the State Services Act 1962, any apprentice serving under an indenture of apprenticeship with the Post Office or any part of the Public Service may be transferred to the Corporation as an apprentice for the purposes of this Act for such period and on such terms as the Corporation may determine or approve. Any apprentice so transferred shall, during the period of transfer, be subject to this Act and any regulations made under this Act relating to apprentices.

(4) No apprentice shall be transferred under this section without his consent if he is over the age of 20 years or, if he is under that age, without the consent of the parent or guardian who joined the apprentice in the execution of the apprentice's indenture.

(5) During any period of temporary transfer under subsection (1) or subsection (2) or subsection (3) of this section, the contract or indenture of apprenticeship under which the apprentice is serving shall, notwithstanding anything to the contrary in this section or in section 82 of this Act, remain in full force, but if the transfer is permanent a new contract or indenture shall be executed.

Cf. 1949, No. 40, s. 83c; 1967, No. 158, s. 4 (1); 1970, No. 137, s. 6

84. Establishment of apprenticeship advisory committee-( 1) There may, from time to time, be established by agreement in writing between the Corporation, the National Union of Railwaymen of New Zealand, and the New Zealand Railway Tradesmen's Association a committee to be known as the Railway Apprenticeship Advisory Committee.

(2) Any such committee shall consist of such number of members as may be specified in the agreement, but shall be under the chairmanship of an officer of the Corporation appointed by the Corporation.

(3) It shall be the function of any such committee-(a) To encourage the proper training of apprentices for

the purposes of the Corporation; and (b) To make recommendations to the Corporation on

matters affecting the recruitment, training, and welfare of the Corporation's apprentices; and

( c) To perform such other functions and such duties as may be prescribed in the agreement.

( 4) Any such committee may regulate the procedure at its meetings in such manner as it thinks fit.


(5) Subject to this section, any such agreement may at any time be varied or cancelled wjth the concurrence of all the parties to it.

(6) Notwithstanding anything in this subsection, the functions, powers, and duties of any such committee shall not extend to cover any matter for which express provision is made in this Act.

Cf. 1949, No. 40, s. 83D; 1967, No. 158, s. 4 (1); 1972, No. 64, s. 3 (b)

Promotions and Transfers Within Corporation 85. Positions may be filled by transfer of members already

in Corporation-( 1) Whenever a vacancy occurs in any position within the Corporation or a new position is created therein the Corporation may in accordance with this section transfer a member in the service of the Corporation to that position from any other position.

(2) Any vacancy in the Corporation arising in respect of any position, the appointment to which is made under section 75 (2) of this Act, may be notified by official circular if the filling of that position by the transfer of any qualified member then in the Corporation would result in his promotion. Any notification given under this subsection in respect of a vacancy in any position may invite applications to be made in respect of any consequential vacancy that may be created by the filling of the first-mentioned vacancy, and in any such case it shall not be necessary to give further notification of any such vacancy when it arises.

(3) If, in the opinion of the Corporation, the special nature of the functions or duties attaching to any position or the special qualifications or experience which it is desirable that an occupant of any position should possess makes it necessary or desirable that any member of the Corporation occupying or appointed to that position should be promoted out of the usual course, the Corporation may by official circular declare the advancement to be special promotion. Nothing in this subsection shall be deemed to deprive any member of any right of appeal conferred by section 98 of this Act.

(4) In the event of 2 or more members being applicants for any vacancy notified by official circular, or in the event of 2 or more members being eligible for appointment to any vacancy not notified by official circular, preference shall be given to that member who, in the opinion of the appropriate appointing authority, is the most efficient and suitable for appointment to the position.


(5) In the event of 2 or more members being equally efficient and suitable the decision of the appropriate appointing authority shall be determined by reference to the seniority of the members concerned in respect of their classification.

(6) For the purposes of this section the relative efficiency of 2 or more members shall be determined by reference to their special qualifications and aptitude for the discharge of the duties of the position to be filled, together with merit, duly notified by the Corporation by official circular.

(7) Every appointment made under this section shall be duly notified by the Corporation by official circular.

Cf. 1949,~0.40,s.84;1952,~0.82,s.24

86. Appointments to be provisional-Every appointment made under section 75 (2) of this Act and involving the promotion of the member so appointed shall be provisional, and shall not be confirmed unless and until all appeals therefrom have been duly determined and have been disallowed, or, if no appeals are made, until the time allowed for the making of appeals therefrom has expired.

Cf. 1949,~0.40,s.85

87. Provisional appointment may at any time be cancelled by Corporation-Notwithstanding anything in section 86 of this Act, the Corporation may at any time cancel a provisional appointment, whether or not an appeal against that appointment has been made, if it considers that the position is not required, or can be suitably filled by the transfer without promotion of any other member in its service, or that further notification of the position is desirable, or for other sufficient reason.

Cf. 1949,~0.40,s.86

88. Continuous review of classification and grading(1) The Corporation shall be responsible for conducting a continuous review of the grading of all positions in the Salaried Division, and in discharging this responsibility shall-

(a) Ascertain whether or not there is need to adjust the scope and content of occupational classes, or the salary scale or grading pattern, or conditions of employment of any occupational class:

Provided that any review of the salary scale or grading pattern of any occupational class and any adjustment necessary in that salary scale or grading


pattern shall be carried out by the Corporation in accordance with the State Services Conditions of Employment Act 1977:

(b) Ensure that all positions are placed in the occupational class most closely related to the nature of the duties involved:

(c) Ensure that every position in each occupational class is placed in a grade appropriate to the level of responsibility and skill required in the discharge of its functions.

(2) If the grading of a position is altered in accordance with subsection (1) ( c) of this section and the new grading does not coincide with the grading of the member in the service of the Corporation for the time being holding the position, the Corporation shall declare the position vacant and fill it in any manner authorised by this Act.

(3) Any regrading pursuant to subsection (1) (c) of this section shall take effect from and including such date as the Corporation may specify.

Cf. 1949, No. 40, s. 87; 1978, No. 11, s. 2 (1)

89. Review of grading-( 1) Every member of the Salaried Division shall have the right to apply at any time to the Corporation in writing for a review of the grading of the position which the member occupies.

(2) On receipt of any application under subsection (1) of this section, the Corporation shall review the case, and shall notify the member in writing of the result of the review.

(3) 1£-(a) The member is not satisfied with any decision of the

Corporation given under subsection (2) of this section in respect of the application; and

(b) An application in respect of that position has not been referred to the Grading Committee constituted under section 90 of this Act within the period of 5 years immediately preceding the date of his application,-

the member may, within 14 days after the date on which the decision was notified to him, request that the application be referred for consideration by the Grading Committee.

(4) The Corporation shall notify the applicant of any recommendation made by the Committee in respect of his application, together with the decision of the Corporation thereon.


(5) If the decision of the Corporation is contrary to the Committee's recommendation, the applicant may, within 14 days of the date of the notification to him of the decision of the Corporation, appeal therefrom in accordance with section 98 (1) (g) of this Act; and the decision of the Appeal Board shall be final:

Provided that this subsection shall not apply to an application by any member where the grading recommended by the Committee provides for a salary exceeding the maximum salary that the Corporation may by determination prescribe in accordance with section 20 (1) of the State Services Conditions of Employment Act 1977.

Cf. 1949, No. 40, s. 87A; 1978, No. 11,s.2 (1)

90. Grading Committee-( 1) Subject to this section, the Corporation may from time to time appoint a Grading Committee as provided in this section.

(2) The Committee shall consist of 3 persons, being members or retired members of the Salaried Division of the Department or Corporation, as the case may be, of whom one shall be appointed as Chairman, and one shall be appointed on the nomination of the New Zealand Railway Officers' Institute (Incorporated):

Provided that the person nominated by the Institute may be a serving or retired officer of the Institute instead of a member or retired member of the Salaried Division of the Department or Corporation, as the case may be.

(3) The Committee shall have power to investigate in such manner as it thinks fit and make a recommendation to the Corporation regarding-

(a) Any application lodged under section 89 (1) of this Act; and

(b) Any other matter relating to grading referred to it by the Corporation.

(4) Except as provided in this Act and in any regulations made under this Act, the Committee shall determine its own procedure.

(5) The Committee may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matter before it, whether or not the evidence is otherwise admissible in a Court of law.

1981, No. 119 New Zealand Railways Corporatwn 1153

(6) The member making the application for a review shall be entitled to be present, and may be represented by another member of the Salaried Division, or by an employee of the New Zealand Railway Officers' Institute (Incorporated) or of any other service organisation.

(7) Proceedings before the Committee shall not be held bad for want of form. No appeal shall lie against any recommendation of the Committee, nor, except on the ground of lack of jurisdiction, shall any decision of the Committee be liable to be challenged, reviewed, quashed, or called in question by any Court.

(8) The Committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

(9) There may be paid by the Corporation to the members of the Committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and that Act shall apply accordingly.

Cf. 1949, No. 40, s. 87B; 1978, No. 11, s. 2 (1); 1980, No. 15, s. 7

91. Successful application for review of grading-Where the Corporation agrees to change the grading of a position as a result of a decision made under subsection (2) or subsection (4) of section 89 of this Act, or where the Appeal Board upholds the application of the appellant under section 89 (5) of this Act, the Corporation shall declare the position vacant and fill it in any manner authorised by this Act.

Cf. 1949, No. 40, s. 87c; 1978, No. 11, s. 2 (1)

92. Railway employees responsible for damage-Every person employed on or about a railway shall be responsible for any damage or loss caused by his wrongdoing or neglect; and the loss occasioned thereby may be deducted, by order of the Corporation, from any salary or emolument due to that person, or may be recovered in a summary way.

Cf. 1949, No. 40, s. 88; 1964, No. 38, s. 5

93. Penalties for breach of regulations or rules- ( 1) Any employee who commits any breach o~ any regulatio~ under this Act of any rule of the CorporatIOn, or of any mstruction, whether written or oral, of the employee's controlling


officer for the time being, or who is guilty of any other misconduct, shall be liable to one or more of the following penalties:

(a) Suspension; or (b) Reduction in status; or (c) Reduction in pay; or ( d) Dismissal. (2) Subject to any regulations made under this Act, the

Corporation shall have power under this Act to impose upon any employee any of the penalties prescribed by subsection ( 1) of this section.

(3) Except with the consent of the Corporation, no employee who has been dismissed for theft or peculation or pursuant to any regulation relating to intemperance of employees shall be again employed on the permanent staff of the Corporation.

Cf. 1949,~0.40,s.90

Constitution of Appeal Board and Rights of Appeal 94. Railways Corporation Appeal Board-( 1) F'or the pur

poses of this section, unless the context otherwise requires,"Member" means, as the case may require, a member

of the Salaried Division or a member of the General Division:

"Member of the Salaried Division" means any member as defined in section 2 of this Act who belongs to that Division; and includes any temporary employee (other than a person serving on probation pursuant to regulations made under this Act) who, on the date fixed for the closing of the voting lists by regulations made under this Act relating to the conduct of elections of the Appeal Board, belongs to that Division and has not less than 5 years' continuous service in the Department or the Corporation since the date of his last engagement:

"Member of the General Division" means any member as defined in section 2 of this Act who belongs to that Division; and includes any temporary employee (other than an apprentice or a person serving on probation pursuant to regulations made under this Act) who, on the date fixed for the closing of the voting lists by the regulations made under this Act relating to the conduct of elections of the Appeal


Board, belongs to that Division and has not less than 5 years' continuous service in the Department or the Corporation since the date of his last engagement:

"Workshops Branch" means all members of the General Division in the Mechanical Branch workshops and depots (other than members in the Locomotive Running Branch) , and includes all members of the General Division in the Ways and Works Branch ( other than members of the Permanent Way Section) , and the Road Services Branch (other than members in the Traffic Branch), and the Publicity and Adver~ tising Branch:

"Locomotive Running Branch" means all members of the General Division employed as engine drivers, locomotive assistants or locomotive trainees in the Mechanical Branch:

"Traffic Branch" means all members of the General Division in the Traffic Branch, and includes all members of the General Division in the Stores Branch, and all members of the General Division in the Road Services Branch employed as leading motor lorry drivers, leading bus drivers, leading coach drivers, motor lorry drivers, bus drivers, coach drivers, and labourers:

"Way and Works Branch" means all members of the General Division in the Way and Works Branch (other than members in the Workshops Branch).

(2) The Corporation, by notification by official circular, may from time to time-

(a) Allocate any class of employees referred to in the last preceding subsection to any other branch; or

(b) Allocate any other class of employees to any of the branches referred to in the last preceding subsection-

and any such class of employees shall while so allocated be deemed to be members of the branch to which they are so allocated.

(3) For the purposes of this Act there shall be a Board, to be called the Railways Corporation Appeal Board, which shall be the same Board as that existing under the name of the Government Railways Appeal Board at the commencement of this Act, and which shall hereinafter be referred to as the Appeal Board.


( 4) The Appeal Board shall consist of-(a) One person to be appointed by the Governor-General,

to hold office for a term not exceeding 3 years, and to be the Chairman of the Appeal Board:

(b) One person, being a member of the Corporation, to be appointed by the Corporation and to hold office for a term not exceeding 3 years:

( c) One person, being a member of the Salaried Division, to be elected in the prescribed manner by the members of that Division:

(d) Four persons, being members of the General Division, to be elected in the prescribed manner as follows:

(i) A member of the Workshops Branch to be elected by the members of the General Division in that branch:

(ii) A member of the Locomotive Running Branch to be elected by the members of the General Division in that branch:

(iii) A member of the Traffic Branch to be elected by the members of the General Division in that branch:

(iv) A member of the Way and Works Branch to be elected by the members of the General Division in that branch.

(5) The elected member of the Salaried Division shall act as a member of the Appeal Board only in respect of appeals by employees of that division, and the elected member of any branch of the General Division shall act as a member of the Appeal Board only in respect of appeals by employees of that branch:

Provided that where appeals against any appointment or promotion are made by one or more employees of the Salaried Division, and also by one or more employees of the General Division, the Chairman of the Appeal Board shall determine which of the elected members shall act as a member of the Appeal Board in respect of those appeals:

Provided also that, where an employee transfers from the Salaried Division to the General Division or from the General Division to the Salaried Division or from one branch of the General Division to another branch of that Division after lodging an appeal but before that appeal is heard, the Chairman of the Appeal Board shall determine which of the elected members shall act as a member of the Appeal Board in respect of that appeal.


(6) No member shall act as a member of the Appeal Board in any appeal affecting himself; and in any such case if the member is an appointed member of the Corporation shall appoint a member to act as a member of the Appeal Board for the purposes of that appeal, and if the member is an elected member the Chairman of the Appeal Board, on the recommendation of the service organisations, whose members are affected by the appeal, shall appoint a member to act as a member of the Appeal Board for the purposes of that appeal, or, if those service organisations are unable to agree in recommending such member, the Chairman of the Appeal Board, after considering their recommendations, shall appoint a member to act as a member of the Appeal Board for the purposes of that appeal.

(7) In the event of the incapacity of any member of the Appeal Board by reasons of illness, or if from any other cause whatever any member of the Appeal Board is not available, the Corporation may appoint any other person who is eligible at that date for appointment or election to the position to act in the place of that member:

Provided that, where the Corporation so appoints any person to act in the place of an elected member, the Corporation shall make the appointment on the recommendation of every service organisation any of whose members were entitled to take part in the election of that member if they agree in making such a recommendation, or, if they do not so agree, the Corporation shall make the appointment after considering their recommendations.

(8) There shall be paid by the Corporation to the members of the Appeal Board remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

Cf. 1949, No. 40, s. 91; 1951, No. 79, s. 8 (1); 1953, No. 63, s. 11 (1); 1956, No. 55, s. 7; 1963, No. 124, s. 6

95. Election of members of Appeal Board-( 1) With respect to the Appeal Board the following provisions shall apply:

(a) For the purpose of the ordinary election of the elective members of the Appeal Board a ballot shall be taken on the first Monday in March in the year 1985 and on the corresponding day in every third year thereafter:

B-15


(b) If any member of the Appeal Board dies, or by notice in writing addressed to the Corporation resigns his office, or, being an elective member of the Appeal Board, ceases to be an employee of the Corporation, in every such case his seat shall become vacant, and a successor shall be appointed or elected, as the case may require, who shall hold office for the residue of the period during which his predecessor would have held the same if he had remained a member of the Appeal Board:

Provided that in any case where the seat of an elective member becomes vacant within 6 months before the ordinary election a ballot shall not be taken, but in lieu thereof the Governor-General may appoint a person who is eligible at the date of appointment for election to the position:

( c) The ballot shall be taken in the manner prescribed by regulations made under this Act, and if any question or dispute arises as to the regularity or validity of any ballot, or the voting thereat, the question or dispute shall be determined by the Chairman of the Appeal Board in such manner as he thinks fit, and his decision shall be final:

(d) Notice of every appointment or election of a member of the Appeal Board shall be notified by official circular, and in the Gazette.

(2) Notwithstanding anything in this Act every member of the Appeal Board who is in office at the commencement of this Act or thereafter comes into office shall continue in office until his successor is appointed or elected under this Act.

Cf. 1949, No. 40, s. 92; 1952, No. 82, s. 22

96. Procedure as to appeals-With respect to the procedure on appeals heard by the Appeal Board the following provisions shall apply:

(a) The Appeal Board shall hold its sittings at such times and places as the Chairman of the Appeal Board may from time to time determine:

(b) In order to lessen the expenses of appeals the evidence of witnesses resident more than 30 kilometres from the place of the sittings of the Appeal Board may be taken and used in the prescribed manner; and for that purpose the Governor-General in Council may


by regulations adopt such of the rules for the time being in force relating to practice and procedure in the District Court, with such modifications thereof or additions thereto, as he thinks fit:

( c) The appellant shall appear in person, or by a member as defined in section 94 of this Act, or by the General Secretary or an assistant general secretary of a service organisation, and the Corporation shall appear by such a member appointed by it in that behalf:

( d) All evidence shall be taken on oath, and the Chairman of the Appeal Board may administer an oath:

( e) The decision of any 2 members of the Appeal Board shall be the decision of the Appeal Board:

(f) Subject to this Act and regulations made under this Act, the Appeal Board may regulate its own procedure.

Cf. 1949, No. 40, s. 93

97. Costs of appeals-( 1) With respect to the costs of appeal the following provisions shall apply:

(a) In disposing of an appeal the Appeal Board may, subject to subsection (2) of this section, fix the costs thereof and direct by whom and in what proportions they shall be payable, and they shall be payable accordingly:

Provided that-(i) Costs shall not be given against the appel

lant unless the Appeal Board is of opinion that the appeal is frivolous and should not have been brought, or that witnesses who were not essential to the case have been nominated by and attended at the request of the appellant:

(ii) In no case shall the Appeal Board award any costs other than in respect of the expenses of witnesses or of representatives appearing for either of the parties to the appeal:

(b) In the case of witnesses who are not employees of the Corporation, the expenses shall be regulated according to the scale for the time being in force relating

B-15*


to witnesses' expenses in civil proceedings in the District Court; and in the case of witnesses who are employees reasonable expenses will be allowed.

(2) For the purposes of this section the representative appearing for either of the parties to the appeal shall be entitled to such expenses as may be determined by the Corporation, and unless the Appeal Board otherwise directs, these shall be paid by the Corporation.

(3) Costs awarded to the appellant shall be payable by the Corporation.

( 4) Costs awarded against the appellant shall be recoverable as a debt due to the Corporation.

Cf. 1949, No. 40, s. 94

98. Rights of appeal of members- ( 1) Any member shall have a right of appeal to the Appeal Board against-

(a) Any determination under section 78 of this Act relating to the rate of pay of the appellant:

(b) Any determination under section 80 of this Act relating to the suitability of the member for appointment to any position to which, in the opinion of the Corporation, he is within range of promotion:

(c) Any appointment made under section 75 (2) of this Act in any case where an application has been made by the member for promotion by means of appointment to any position for which applications have been called:

( d) Any appointment to a position in the Salaried Division or in the General Division made under section 75 (2) of this Act without the vacancy having been notified or applications to fill the same having been called, if appointment of the appellant to fill the vacancy would have involved his promotion:

( e) Any appointment to any position made under section 75 (2) of this Act where the attainment of the ultimate maximum salary for the position is not subject to the promotion of a member classified below the appointee if the appointment of the appellant to fill the vacancy would have involved his promotion either immediately or ultimately:

(f) Any appointment made under section 75 (2) of this Act of a person other than a member of the Corporation to any position in the Corporation:


(g) A decision by the Corporation contrary to the recommendation of the Grading Committee on an application by the member of the Salaried Division under section 89 (5) of this Act:

(h) Any determination in respect of a charge made against the member in relation to any matter referred to in section 93 of this Act:

(i) Any penalty imposed on the member pursuant to section 93 of this Act:

(j) Any determination withholding an annual increment which is dependent upon the good conduct and efficiency of the member.

(2) In considering appeals made under any of paragraphs (b), (c), (d), (e), and (f) of subsection (1) of this section the Appeal Board shall be bound by the considerations referred to in subsections (4), (5), and (6) of section 85 of this Act so far as they are applicable and with any necessary modifications.

(3) In the event of an appeal made to the Railways Corporation Appeal Board pursuant to any of paragraphs (c), ( d), (e), and (f) of subsection (1) of this section the Appeal Board shall either allow the appeal or dismiss the same. If the appeal is allowed the appropriate appointing authority shall forthwith appoint the successful appellant and shall cancel the provisional appointment:

Provided that in making the appointment the Corporation may in any appropriate case declare it to be made pursuant to section 85 (3) of this Act.

( 4 ) Notwithstanding anything in subsection ( 1) of this section, a member who has received advancement by way of special promotion pursuant to section 85 of this Act shall have a right of appeal, to the same extent as if he had not been specially promoted, against the appointment of any other member to a position the nature of which in the opinion of the Corporation requires that the occupant shall possess a particular examination qualification possessed by the firstmentioned member, but not required for the occupancy of the position then occupied by him.

(5) No member shall have a right of appeal against the reappointment of a person in accordance with section 36 of the Government Superannuation Fund Act 1956 or section 78 of this Act unless in the case of a reappointment under the said section 36 the grading of the position occupied by the


person on reappointment is higher than the grading of the position which he occupied when he retired on the ground of being medically unfit.

(6) Notwithstanding anything contained in this section, no member shall have a right of appeal against any appointment to any position where the appointee is not entitled by virtue of the appointment to any promotion until a member classified below him is promoted.

( 7) Notwithstanding anything in this Act, the Appeal Board shall not have jurisdiction to hear or determine any appeal against the appointment of any member to any position (whether newly created or not) in the Salaried Division, if-

( a) The appointment does not involve the promotion of the member so appointed, or the transfer of that member from one branch of the Corporation to another; and

(b) The position to which the member has been appointed and the position held by that member immediately before that appointment are both positions which are in the usual course of promotion for members of the General Division or members previously promoted from the General Division.

Cf. 1949, No. 40, s. 95; 1950, No. 71, s. 3; 1956, No. 55, s.8 (1)

99. Rights of appeal of temporary employees- ( 1) Every temporary employee, every apprentice, and every probationer, who (at the date of the imposition of the penalty specified in paragraphs (a) to (c) of this subsection) has had not less than 2 years' continuous service in the Department or the Corporation, since the date of his last engagement, shall have a right of appeal to the Appeal Board against any of the following penalties:

(a) Reduction in status: (b) Reduction in pay: (c) Dismissal for unsatisfactory work or unsatisfactory

conduct. (2) Every temporary employee, every apprentice, and

every probationer shall have a right of appeal to the Minister against any of the penalties mentioned in subsection (1) of this section in any case where an appeal does not lie to the Appeal Board under this section:

Provided that nothing in this subsection shall apply to any such employee, apprentice, or probationer unless he has been


in the service of the Department or the Corporation under the same contract of service during the period of 4 weeks immediately before the imposition of the penalty.

(3) Where an appeal is made to the Minister under subsection (2) of this section he shall determine the same in such manner in all respects as he thinks fit and the decision of the Minister shall be final, and no writ of mandamus, prohibition, or certiorari shall lie in respect thereof to any Court.

Cf. 1949, No. 40, s. 96; 1967, No. 158, s. 4 (3)

100. Notice of appeal, jurisdiction, etc.-( 1) Notice of appeal shall be forwarded to the Corporation in writing within 14 days after the decision appealed against has been notified to the employee or within such extended time as the Corporation may in any case allow.

(2) The Appeal Board shall have jurisdiction to hear and determine appeals under sections 98 and 99 of this Act, and for this purpose to summon and examine witnesses on oath or otherwise. On any such appeal the Appeal Board may receive such evidence as it thinks fit, whether that evidence would be legally admissible in other proceedings or not.

( 3) In any proceedings under this section the decision of the Appeal Board shall be final, and no writ of mandamus, prohibition, or certiorari shall lie in respect thereof to any Court.

( 4) Where the appeal is against any penalty, the Minister in respect of appeals to him, and the Appeal Board in respect of appeals to it, may confirm, vary, or annul the penalty, or substitute therefor any other penalty authorised in the subsection under which the penalty was imposed.

( 5) Except as expressly provided in this Act, the Minister in respect of appeals to him, and the Appeal Board in respect of appeals to it, shall have full power to confirm, modify, or disallow the decision appealed against, in such manner in all respects as is deemed just.

(6) Appeals affecting more than one appellant shall not be heard together unless the Appeal Board so decides. In any such case all appeals shall be heard before a decision is given, and if the Appeal Board does not confirm the decision appealed against it shall allow one appeal and disallow the others.


(7) The Appeal Board may state a case for the opinion of the High Court on any question as to the jurisdiction of the Appeal Board or on any question of law arising in proceedings before it.

Cf. 1949, No. 40, s. 97; 1963, No. 124, s. 7; 1964, No. 38, s. 6; 1967, No. 158, s. 4 (5)

101. Offence to attempt to influence improperly Appeal Board or any member thereof- ( 1) No person shall in any way attempt to influence the Appeal Board or any member of the Appeal Board in respect of the appeal of any employee.

(2) Any person who commits a breach of the provisions of this section commits an offence and shall be liable on summary conviction to a fine not exceeding $100.

( 3) Any employee on conviction of such an offence shall, in addition to any other penalty, be liable to dismissal by the Corporation.

( 4 ) Nothing in this section shall be so construed as to prohibit any person from giving information or making representations in respect of any appeal at the request or invitation of the Corporation or the Appeal Board, or as a witness or the representative of an appellant before the Appeal Board.

Cf. 1949, No. 40; No. 99

102. Regulations-( 1) The Governor-General may from time to time, by Order in Council, make regulations not inconsistent with this Act for all or any of the following purposes:

(a) Determining the manner in which and the terms and conditions on which candidates for employment in the Corporation may enter the service thereof:

(b) Providing that membership of a service organisation shall be a condition of employment or of continued employment in the Corporation of employees other than officers, and making such provisions as may be deemed necessary or expedient in relation thereto:

( c) Prescribing the respective duties to be performed by employees and the discipline to be observed in the performance of those duties:

(d) Providing for the special medical examination of every engine driver, locomotive assistant, and locomotive trainee in any case where it is considered by the


Corporation to be necessary in the interests of public safety, and for the exclusion from driving or associated duties of any such employee who is found, whether as a result of the examination or otherwise, to be for any reason unfit for such duties or who refuses or neglects to submit to the examination:

( e) Determining for classification purposes the order of seniority of members, apprentices, and probationers, and making such provisions as may be deemed necessary in relation thereto:

(f) Determining the grounds upon which and the mode in which members may be promoted in the same Division or from one Division to the other, and the nature or character and extent of qualifications, examinations, or tests which members shall possess or undergo for the purposes of promotion:

(g) Prescribing rules as to the determination, for the purposes of section 85 (3) of this Act, of the order of seniority of members of the Corporation who have received advancement by way of special promotion in relation to other members of the Corporation, whether the other members have received any such advancement or not:

(h) Providing for the conduct of elections of the Appeal Board, and for facilities to be given to employees for voting thereat, and to the elected persons for attending the sittings of the Appeal Board:

(i) Regulating the procedure of the Appeal Board, and the conduct of appeals, including the method of taking evidence at a distance:

(j) Providing how and by whom charges of inefficiency or misconduct may be made against any employee:

(k) Providing for the temporary employment of persons in the Corporation, and for any matters in relation thereto:

(1) Prescribing conditions of service for officers: (m) Enabling the Corporation or any person authorised

by it either generally or specially to grant special or emergency leave of absence, or free travelling on the railways, or travelling at reduced rates, or any other privileges, or any allowances:

(n) Fixing the ages at which members shall retire in the different branches of the Corporation:


(0) Prescribing penalties for breaches of the regulations: (p) Prescribing the terms and conditions of occup~tion by

employees of house or other accommodatIOn provided by the Corporation and used or occupied by employees for domestic purposes:

(q) Generally providing for any other matters that by this Act are expressed to be prescribed or that are necessary to give full effect to this Act.

(2) Regulations made under this section shall come into force on a date to be specified therein in that behalf (whether before or after the date of the Order in Council making the regulations), and if no such date is specified shall come into force on the 14th day after the date of their notification in the Gazette.

Cf. 1949, No. 40, s. 120; 1972, No. 64, s. 2

PART VIII

NEW ZEALAND RAILWAYS STAFF WELFARE SOCIETY

103. Interpretation--( 1) In this Part of this Act, unless the context otherwise requires,-

"Child", in relation to a member of the society, means any person under 18 years of age who is considered by the Welfare Board to be dependent on that member; and includes any adopted child or stepchild or any other child who is accepted by the member as a member of his family:

"Dependent", in relation to a member or a former member, includes-

( a) The spouse of the member or former member: (b) Any child of the member or former member: (c) Any other relative of the member or former

member whom the Welfare Board considers was dependent on that member or former member:

"Member" means any employee who is admitted as a member of the society:

"Sickness", in relation to a member, includes any absence of the member from duty which has resulted from an injury other than an injury in respect of which compensation is payable under the Accident Compensation Act 1972:

"Society" means the New Zealand Railways Staff Welfare Society constituted under this Part of this Act:


"Spouse", in relation to a member or a former member, includes any person of the opposite sex who, though not married to that member or former member, was living together with him at the time of his death on a domestic basis as his spouse:

"Welfare Board" means the New Zealand Railways Staff Welfare Board:

"Welfare fund" means the welfare fund of the societv maintained under section 106 (3) (b) of this Act.

(2) For the purposes of this Part of this Act, full-time employees of service organisations shall be deemed to be employees of the Corporation.

Cf. 1949, No. 40, s. 120A; 1971, No. 13, s. 2 (1)

104. Constitution and membership of society- ( 1) There shall be a society to be known as the New Zealand Railways Staff Welfare Society.

(2) The society shall consist of those employees of the Corporation who are for the time being members of the society in accordance with its rules.

(3) Notwithstanding anything in this Part of this Act or in any rules made by the Welfare Board, a person may be permanently appointed to a position in the Corporation or indentured as an apprentice only on the condition that he becomes a contributor to and be entitled to the benefits of the welfare fund in accordance with the society's rules.

(4) The society shall be a body corporate with perpetual succession and a common seal, and, subject to the provisions of this Act, shall be capable of-

(a) Acquiring, holding, and disposing of real and personal property; and

(b) Bringing and defending actions in any Court; and ( c) Doing and suffering all such acts and things as bodies

corporate may do or suffer. ( 5) The society is hereby declared to be the same body

corporate as the body corporate existing immediately before the commencement of this Part of this Act and known as the Government Railways Welfare Society.

Cf. 1949, No. 40, s. 120B; 1971, No. 13, s. 2 (1)

105. Functions of society- ( 1) I t shall be the function of the society to provide welfare relief, assistance, and benefits for its members and their dependants.


(2) Without limiting the generality of subsection (1) of this section, the society may from time to time-

(a) Grant to any of its members, who by reason of sickness are absent from duty without payor on reduced pay, such financial assistance as it thinks fit:

(b) Assist any member or former member of the society in financial difficulties which it considers to have been brought about by misfortune:

( c) Assist financially the dependants of a deceased member or deceased former member of the society:

( d) Assist financially any member of the society on the death of his spouse or any child of his family:

( e) Provide comforts (either financial or otherwise) to any member or former member of the society during any sickness suffered by him:

(f) Assist financially any member or former member of the society who may be required to obtain special medical or surgical treatment for himself or his spouse or any child of his family, either in New Zealand or elsewhere:

(g) Assist financially a member who, as a result of illness or injury to his spouse, is required to employ domestic or nursing help in his or her home:

(h) Establish, maintain, and manage accommodation suitable for holiday or convalescent purposes of its members and their dependants.

Cf. 1949, No. 40, s. 120c; 1971, No. 13, s. 120c

106. New Zealand Railways Staff Welfare Board-( 1) The control and administration of the society shall be vested in a board to be known as the New Zealand Railways Staff Welfare Board.

(2) The Welfare Board shall consist of: ( a) The General Manager: (b) The Chief Civil Engineer of Railways: ( c) The Director of Finance and Accounts: ( d) The Director of Stores of Railways: (e) The general secretary of the New Zealand Locomotive

Engineers' Association: ef) The general secretary of the National Union of Rail

waymen of New Zealand:

'1981, No. 119 New Zealand Railways Corporation 1169

(g) The general secretary of the New Zealand Rail wa y Officers' Institute (Incorporated):

(h) The general secretary of the New Zealand Railway Tradesmen's Association.

( 3) The Welfare Board shall from time to time, in the name and on behalf of the society,-

(a) Exercise the functions of the society: (b) Maintain a welfare fund out of which the society shall

pay benefits to its members in accordance with its functions, and determine the amounts of contributions to be paid by the society's members into the fund:

(c) Impose levies on the members of the society if at any time the money held in the welfare fund is, in the opinion of the Welfare Board, insufficient to meet payments due from the society in accordance with this Part of this Act and in accordance with its rules.

(4) In carrying out any function of the society under this section, the Welfare Board, and any council or committee appointed under subsection (7) of this section, may also exercise any discretion or power exercisable by the society that is necessary or incidental to the carrying out of that function.

( 5) The Welfare Board may from time to time, in the name and on behalf of the society, make such rules, not inconsistent with this Part of this Act, as may be necessary to enable the society to carry out its functions, and, in particular, may make rules for all or any of the following purposes:

(a) Prescribing the procedure for admission to membership of the society and the terms and conditions subject to which employees shall become members of the society:

(b) Providing for the collection of contributions to the welfare fund and for the collection of levies imposed under subsection (3) (c) of this section:

(c) Providing for the constitution and procedure of a management council and district committees appointed by the Welfare Board to advise and assist it in carrying out its duties:

( d) Providing for the keeping of proper accounts of money paid to and by the society:

( e) In the case of any member found by the Welfare Board to be guilty of misconduct in relation to the affairs


of the society, providing for his expulsion or empowering the Welfare Board to recover any benefit paid to him out of the welfare fund, or providing for his suspension from receipt of benefits:

(f) Providing for the termination or suspension of rights of membership of the society:

(g) Providing for the payment of benefits and other financial assistance to members and their dependants and to former members and their dependants, and prescribing the conditions under which benefits and assistance are to be payable or given:

(h) Authorising the Welfare Board to commence or carry on litigation in the name of any member or former member to whom or in respect of whom a benefit has been paid out of the welfare fund in respect of absence from duty in any case where the member or former member appears to the Welfare Board to have a claim for damages or compensation in respect of any disease or which resulted from his absence from duty as aforesaid.

(6) The Corporation may from time to time appoint any employee to be secretary to the Welfare Board. The secretary shall have such duties and powers as may from time to time be determined by the Welfare Board.

(7) Without limiting subsection (3) (a) of this section, the Welfare Board may from time to time appoint a management council and district committees to assist it in its duties and may delegate any of the functions of the society to any such management council or district committee.

(8) Any management council or district committee appointed by the Welfare Board under subsection (7) of this section shall in all matters be subject to the control of the Welfare Board, and shall carry out all lawful directions (whether general or special) of the Welfare Board in relation to the society and its affairs.

(9) Subject to this section, any such management council or district committee may exercise or perform any function delegated to it in the same manner and with the same effect as if it had been conferred on the council or committee directly by this Act and not by delegation.

(10) Any delegation under subsection (7) of this section may at any time be revoked by the Welfare Board.


(11) Any management council or district committee appointed by the \tVelfare Board shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(12) No delegation under this section shall prevent the Welfare Board from exercising any of its functions, powers, or duties.

(13) Subject to the provisions of any rules made under subsection (5) of this section, any management council or district committee appointed by the Welfare Board may regulate its procedure in such manner as it thinks fit.

(14) No rules, or amendments to any such rules, made under subsection (5) of this section shall have any effect until approved in writing by the Minister.

(15) No member of the Welfare Board shall be personally liable for any act done or omitted by the Welfare Board or by any of its members in good faith in the exercise or the purported exercise of any of the powers conferred on the Welfare Board or its members by or pursuant to this Act.

Cf. 1949, No. 40, s. 120D; 1971, No. 13, s. 2 (1); 1972, No. 64, s. 3 (c)

107. Meetings of Welfare Board- ( 1) The Chairman of the Welfare Board shall be the General Manager. In the absence of the Chairman from any meeting of the Welfare Board, the members present (whether in person or by deputy) shall elect one of their number to be chairman of the meeting.

(2) Meetings of the Welfare Board shall be held at such times and places as the Welfare Board or its Chairman may from time to time decide.

(3) The Chairman or any 3 or more members of the Welfare Board may at any time call a special meeting of the Welfare Board.

( 4) At any meeting of the WeHare Board 5 members, whether present in person or by deputy, shall form a quorum.

(5) At any meeting of the Welfare Board, the Chairman or person acting as chairman shall have a deliberative vote as well as a casting vote.

(6) If any member of the Welfare Board is unable to attend any meeting of the Welfare Board, he may, by writing under his hand or by telegram or by oral notification to the secretary, appoint any person to act as a deputy in his place at


that meeting, and that person shall, for the purposes of that meeting, have the same rights and privileges as the person who appointed him would have been capable of exercising and enjoying had he been personally present at the meeting.

(7) Subject to this Part of this Act, the Welfare Board may regulate its procedure for the conduct of its business and for the exercise of its powers in such manner as it thinks fit.

Cf. 1949, No. 40, s. 120E; 1971, No. 13, s. 2 (1)

108. Miscellaneous financial provisions-( 1) The Corporation may, at the request of the Welfare Board, make arrangements for the collection of contributions and levies due from members to the welfare fund. The contributions, and any levies collected under section 106 of this Act, shall be paid into the Corporation's bank account and shall be held by the Corporation as agent for the society.

(2) Subject to the prior approval of the Corporation and to such conditions as it thinks fit to impose, being conditions that are approved by the Minister of Finance, there may from time to time be advanced by the Corporation on loan to the society such amounts as do not exceed in the aggregate onehalf of the income of the society as estimated by the Corporation for the year in which the amounts are advanced.

(3) Any payments due from the society under its rules may be paid out of money held in the Corporation's bank account on behalf of the society.

( 4) Any money held in the Corporation's bank account on behalf of the society may, at the request of the Welfare Board, be invested by the Corporation in the Common Fund of the Public Trust Office or in any investment authorised by the Trustee Act 1956 or any other Act.

(5) Any money at the commencement of this Act held in the Works and Trading Account by the Minister of Finance as agent for the society shall be paid out of the Works and Trading Account and into the Corporation's bank account on behalf of the society.

Cf. 1949, No. 40, S. 120F; 1971, No. 13, s. 2 (1)

109. Contracts of WeHare Board-The Welfare Board is hereby declared to be a public body for the purposes of the Public Bodies Contracts Act 1959.

Cf. 1949, No. 40, s. 120G; 1971, No. 13, s. 2 (1)


PART IX REGULATIONS, SCALES OF CHARGES, AND CODES OF PRACTICE

Regulations 110. Regulations-( 1) The Governor-General may from

time to time, by Order in Council, make regulations for all or any of the following purposes:

(a) Regulating, restricting, or prohibiting the smoking of tobacco or any other substance on the railways and other services lawfully carried on by the Corporation and prohibiting the committing of nuisances on the railways and other services lawfully carried on by the Corporation:

(b) Regulating, restricting, or prohibiting traffic on or over any road or bridge used for both ordinary and railway traffic, or on or over any road, bridge, or other place, that is on or over or under any railway:

(c) Regulating the admission of vessels to any wharf, jetty, berth, or mooring owned or controlled by the Corporation, and their use of ,and removal from the same:

(d) Regulating, restricting, or prohibiting the entry or remaining on any part of any railway by persons or animals, and prescribing the conditions upon which they may be permitted to enter or remain thereon:

( e) Regulating, restricting, or prohibiting persons from entering into or upon or from travelling in any carriage, omnibus, service car, or other vehicle or any part of any carriage, omnibus, service car, or other vehicle:

(f) Regulating the manner in which, the times and places at which, and the conditions subject to which, tickets of any kind shall be purchased, used, presented, and delivered up:

(g) Providing for the licensing and regulating of vehicles and of drivers plying or otherwise available for hire within the precincts of any railway, and in connection therewith prescribing licence fees:

(h) Providing for the licensing of persons, subject to such conditions as the Corporation may deem fit, to ply for hire of their services, or to keep refreshment rooms or bookstalls, or to sell articles, within the precincts of any railway:

(i) Declaring certain goods to be dangerous goods and regulating or prohibiting the con~eyance, carrying,


placing, or depositing of any such goods or of any deleterious thing on any railway or other service lawfully carried on by the Corporation: .

(j) Requiring compliance with any code of practice (including any amendment thereof) that has been issued under section 112 of this Act:

(k) Regulating generally the traffic on the railways and other services lawfully carried on by the Corporation and the conduct of all persons employed on or about the railways and other services lawfully carried on by the Corporation or travelling thereon or using the same.

(2) In respect of regulations made under subsection (1) of this section-

(a) The regulations may authorise any district railway officer or any other person to do all such things, and to issue all such instructions as may be deemed advisable in respect of any of the matters mentioned in that subsection:

(b) A copy of all regulations relating to matters affecting the public shall be fixed and maintained in a conspicuous place at every station at which tickets are sold:

Provided that the validity of any regulation, or the liability of any person under any regulation, shall not be affected by any non-compliance with this provision:

(c) Regulations may be so made as to apply generally to all railways and other services lawfully carried on by the Corporation or to any particular railway or service or part of a railway or service:

(d) Every person who acts in contravention of any regulation under this section commits an offence and shall be liable on summary conviction to a fine not exceeding $100:

(e) If in the opinion of the Corporation the breach of any regulation would cause or be likely to cause danger or annoyance to the public or hindrance to the proper use or working of a railway, the Corporation may authorise any employee, whether in person or otherwise, summarily to interfere or othewise take all proper steps to prevent the occurrence of the danger, annoyance, or hindrance, or the continuance or repetition thereof; and the taking of any


such steps shall not relieve any person from any penalty to which he may be liable in respect of the breach of any such regulation.

CL 1949, No. 40, s. 32; 1953, No. 63, s. 7; 1980, No. 15, s. 5

111. Scales of charges-( 1) The Corporation may from time to time, by notice in the Gazette~ fix scales of charges to be paid in respect of railways, or of any specified railway or any part thereof, or in respect of any road passenger service to which section 63 of this Act applies, or in respect of any other services which are lawfully carried on by the Corporation, for-

(a) The conveyance of passengers; or (b) The use by persons of a railway or any facilities 01

services provided by the Corporation; or ( c) The carriage of goods, or goods received on or into,

or stored in or delivered from, any wharf, pier, jetty, office, store, shed, or yard in connection with any railway or any service lawfully operated by the Corporation; or

( d) The failure of passengers to take out tickets prior to joining a train at a station where tickets are sold; or

(e) Demurrage of rolling stock before or after transit; or (f) The use of any crane, hoist, or other machinery for

loading and unloading goods; or (g) The haulage of locomotives and empty rolling stock;

or (h) The use by any vessel of any wharf, jetty, mooring,

berthage, building, crane, or other appliance in connection with a railway; or

(i) The loading or unloading of goods from or into lighters, into or from any vessel lying at or adjacent to any wharf, pier, jetty, berthage, or mooring in connection with a railway; or

(j) The receipt or delivery of goods from or to any vessel lying at or adjacent to any such wharf, pier, jetty, berthage, or mooring; or

(k) Insurance (in addition to any other charges payable) in respect of goods carried or to be carried pursuant to a contract for carriage "at declared value risk" (within the meaning of the Carriage of Goods Act 1979) .


(2) Notwithstanding anything in subsection (1) of this section, the Corporation, or any employee duly authorised by it, may from time to time fix special charges to be paid in lieu of the ordinary ones upon special occasions, or for such times as it thinks fit; and it shall not be necessary to publish these special charges in the Gazette.

( 3 ) For the purpose of any scales of charges fixed under this section in the case of the demurrage of rolling stock at destination stations, consignees shall be deemed to have requested the demurrage.

(4) The Corporation may, by notice in the Gazette, impose terms and conditions with respect to any of the matters mentioned in paragraphs (a) to (k) of subsection (1) of this section, including terms and conditions with respect to the conveyance of passengers and the terms and conditions on and subject to which goods will be received, held, carried, delivered, or 'otherwise dealt with:

Provided that while any such notice imposing terms and conditions relating to the checking of luggage is in force no liability shall be incurred by the Corporation in respect of luggage which has not been duly checked.

(5) Any terms and conditions imposed under the last preceding subsection shall apply with respect to any of the matters mentioned in paragraphs (a) to (k) of subsection (1) of this section, notwithstanding that special scales of charges may be payable:

Provided that, with respect to any of those matters for which special scales of charges are fixed, the Corporation or any employee duly authorised by it may impose special terms and conditions in addition to or in lieu of the ordinary ones; and it shall not be necessary to publish them in the Gazette.

(6) Without restricting the generality of subsection (5) of this section it is hereby declared that any terms and conditions imposed under subsection (4) of this section may include-

(a) Terms and conditions exempting the Corporation from liability for any loss, damage, or expense, whether due to delays in transit or any other cause, where the loss or damage or expense-

(i) It is not occasioned by the negligence or wrongful act in the Corporation or its employees or agents; or

(ii) In the case of goods, arises from the negligence of the consignor or his employees or agents:


(b) Terms and conditions giving the Corporation the right to recover from consignors the cost of damage to Corporation property or other goods where the damage or loss is caused by the inherent defect, quality, or vice of the goods causing the damage:

(c) Terms and conditions exempting the Corporation from liability-

(i) Where goods are loaded, unloaded, secured, covered, or tallied at any place by persons other than employees of the Corporation; or

(ii) In respect of goods held or stored by the Corporation as a warehouseman; or

(iii) In respect of loss of or of damage or delay to goods while in the possession, custody, or control of any carrier other than the Corporation, or of any Harbour Board, warehouseman, or other person during transit; or

(iv) In respect of goods consigned to or forwarded from a station where there is no stationmaster.

(7) The power conferred by this section on the Corporation or any employee duly authorised by it to fix scales of charges to be paid for persons or goods carried on a railway shall include, and be deemed at all times heretofore to have included, the power to fix those scales by reference to distance.

(8) Where any scale is fixed by reference to distance, the distance between any 2 named stations shall, unless it is otherwise specially provided in any case in the notice fixing the scale, be deemed and taken to be the distance as shown on the Corporation's or Department's, as the case may be, record when the section or sections of railway affected were first opened for traffic, notwithstanding that the distance may have been increased or reduced by subsequent alterations of the railway.

(9) The power to fix scales of charges conferred on the Corporation by this section shall include, and shall be deemed always to have included, the power to fix scales of charges for sorting goods brought on to the railway and sorted by the Corporation in any shed on the railway or on any other part of the railway, whether the goods are, or are intended to be, carried on the railway or not, and notwithstanding that the goods may be brought on to the railway in pursuance of any


agreement or arrangement entered into or made by the Corporation with respect to the working by the Corporation of any wharf or jetty.

Cf. 1949, No. 40, s. 33; 1953, No. 63, s. 8; 1962, No. 13, s. 4; 1963, No. 124, s. 3

Codes of Practice 112. Codes of practice-( 1) In this section and in sections

113 and 114 of this Act, "code of practice" means a recommended practice; and includes a description of any commodity, process, or practice, by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, or other characteristics; and also includes a glossary of terms, definitions, or symbols.

(2) The Corporation may, for the purposes of this Act, from time to time issue codes of practice, and may from time to time amend or revoke any such code of practice.

Cf. 1949, No. 40, s. 31A; 1980, No. 15,s.4

113. Codes of practice to be approved by Minister- ( 1 ) No code of practice, and no amendment or revocation of a code of practice, shall have any force or effect until it has been approved by the Minister.

(2) The Minister shall not approve any code of practice, or any amendment or revocation of a code of practice, unless

(a) Not less than one month's notice of the Corporation's intention to apply for approval has been published in the Gazette; and

(b) Such persons or representatives of persons as the Minister considers will be affected thereby have had an opportunity to consider it and to comment thereon to the Minister.

(3) Whenever the Minister has approved any code of practice, or any amendment or revocation of a code of practice, notification thereof shall be published in the Gazette. Every such code of practice, amendment, or revocation shall in addition be promulgated in such manner as the Minister directs.

(4) The fact that the Minister has approved any code of practice or amendment or revocation of a code of practice shall be conclusive evidence that the requirements of this section have been complied with.

Cf. 1949, No. 40, s. 31B; 1980, No. 15, s. 4


114. Citation and proof of codes of practice-- ( 1) In any regulations made under this Act any code of practice or amendment of a code of practice may, without prejudice to any other mode of citation, be cited by the title or reference given to it by the Corporation, and by its date of issue; and such citation shall be deemed to include and refer to the latest code of practice or amendment in existence when the regulations were made.

(2) Without affecting any other method of proof, the production in any proceedings of a copy of any code of practice or amendment of a code of practice purporting to be issued by the Corporation shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 112 of this Act and that it has been approved by the Minister under section 113 of this Act.

Cf. 1949, No. 40, s. 31c; 1980, No. 15, s. 4

PART X

GENERAL PROVISIONS

115. Offences- ( 1) If any person knowingly does, or causes or procures to be done, any of the following things,-

(a) Places any rolling stock on a railway, not having lawful authority to do so; or

(b) Moves any part of the rolling stock on a railway, or leaves the same on any part of a railway, not having lawful authority to do so; or

(c) Moves any signal, points, or stop blocks without lawful authority, or shows any signal likely to mislead; or

(d) Obstructs any employee in the performance of his duty; or

(e) Except when acting in the course of his duties in connection with the purchase, sale, or disposal of intoxicating liquor pursuant to section 26 or section 27 of this Act gives or offers to give any intoxicating liquor to any employee while he is on duty; or places any intoxicating liquor in the possession or care of any such employee otherwise than for conveyance of storage on any railway in the ordinary course of business; or

(f) Alters any ticket, certificate, or order with intent to avoid payment of the proper fare or any part thereof; or


(g) Uses any ticket the time for the proper use of which has expired, or which has already been used to the full extent to which the holder is entitled to use it; or

(h) Sells or transfers, or offers for sale or transfer, any ticket which is not transferable, or permits any person other than the person to whom or on whose behalf the ticket is issued to make use of the ticket; or

(i) Sells or transfers, or offers for sale or transfer, a ticket or any portion of a ticket which has been used for the whole or any part of the journey, period, or trips for which the ticket was issued, or travels or attempts to travel with any such ticket or portion of such a ticket sold or transferred by any person; or

(j) Sells, or transfers, or offers for sale or transfer, or permits any person (other than the person in whose name or on whose behalf it is made out) to use, any certificate or order for the purpose of obtaining a concession ticket or reduction in fare; or

(k) Uses or attempts to use any certificate or order for a concession ticket or reduction in fare without being entitled to do so; or

(1) Uses or attempts to use any ticket which is not transferable and has not been issued to him or to some person on his behalf; or

(m) Makes or procures to be made to any employee, or to any agent of the Department, or in any document delivered to any such employee or agent, any false statement respecting the age or occupation of any person, or respecting any other matter on which the charge for any ticket is dependent,-

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $2,000.

(2) If any person knowingly does, or causes or procures to be done, any of the following things,-

(a) Neglects, delays, or refuses to produce or deliver up his ticket immediately it is called for by any employee on any train or other vehicle or elsewhere on the railway; or


(b) Without reasonable cause uses, or attempts to use, or interferes with any braking appliances provided in any railway carriage, or any door in any omnibus for use in cases of emergency; or

(c) Writes, draws, affixes, impresses, or exhibits any placard, bill, statement, word, picture, drawing, or sign on any railway, or sells or attempts to sell any articles on any railway, without being authorised to do so by the Corporation; or

(d) Neglects to shut any gate or slip panel in any fence forming the boundary of, or upon adjoining, any railway,-

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to a fine not exceeding $500.

Cf. 1949, No. 40, ss. 26, 27, 28; 1968, No. 40, s. 3 (2)

116. Penalties for damage to railways-If any person not having lawful authority or the written permission of the Corporation does, or causes or procures to be done, any of the following things-

( a) Encroaches on land being part of any railway by making any building, fence, ditch, drain, or other obstacle, or planting any tree or shrub thereon; or

(b) Digs up, removes, or alters in any way the soil or surface of any such land; or

( c) Fills up, diverts, alters, or obstructs any ditch, drain, or watercourse which directly carries water off any such land or is made to protect the same, or does any act whereby any such ditch, drain, or watercourse is stopped, or the natural flow of water therein is obstructed; or

(d) Interferes with or diverts any ditch, drain, or watercourse so as to damage or injure any such land or other property of the Corporation; or

( e) Fells or removes any tree, shrub, or timber growing on any such land,-

that person commits an offence and shall, in respect of each offence, be liable on summary conviction to a fine not exceeding in the case of a body corporate $2,000, and in every other case $500, for every day upon which the offence is committed or suffered to continue, and a further sum equal to the cost incurred in removing any such encroachment or obstruction,


or in repairing any such injury done to any such land, ditch, drain, watercourse, or other property of the Corporation, or in replacing any such tree, shrub, or timber.

Cf. 1949,~0.40,s.30

117. Certificate by Corporation to be evidence of certain facts-( 1) A certificate under the seal of the Corporation that any specified land belonging to either Her Majesty or to the Corporation or forming part of a public reserve, or any specified fixed or movable property belonging to the Corporation, is in fact included as portion of a railway or of any service for the carriage of passengers or goods lawfully carried on by the Corporation, or that any railway is in fact open for traffic, shall for all purposes be sufficient evidence of the fact.

(2) The land or property to which any such certificate relates may be specified therein by words of general or particular description, as the Corporation thinks fit.

(3) A certificate under the seal of the Corporation, specifying the distance between any 2 points on a railway in accordance with the Corporation record, shall be conclusive evidence of the fact.

Cf. 1949,~0.40,s.9

118. Fees for preparation of documents, etc.-For the preparation of Proclamations, Orders in Council, deeds, leases, agreements, assignments, and for endorsing consents on mortgages, assignments, or subleases, and for preparing or consenting to any other document of a like nature, the Corporation may charge such fees as may be published from time to time in the Gazette.

Cf. 1949,~0.40,s.57

119. Authorisation of reclamation-(1) ~otwithstanding anything in section 178 of the Harbours Act 1950, the Minister of Railways is hereby authorised to undertake and enter into contracts for the reclamation for railway purposes of the land described in the Third Schedule to this Act.

(2) This section shall be deemed to be a special Act within the meaning of section 175 of the Harbours Act 1950.

Cf. 1957, ~o. 106, s. 5

120. Repeals and amendments- ( 1) The enactments set out in the Fourth Schedule to this Act are hereby consequentially repealed.


(2) The Transport Act 1962 is hereby consequentially amended-

( a) By omitting from section 119 (1) (d) the words "and for which that Minister", and substituting the words "or the New Zealand Railways Corporation and for which that Minister or that Corporation":

(b) By omitting the words "Minister of Railways" wherever they occur (other than in section 119 (1) (d)), and substituting in each case the words "N ew Zealand Railways Corporation":

( c) By inserting in sections 148 (1) (b) and 166 (2) (d), in each case after the words "Government department", the words "including the New Zealand Railways Corporation".

(3) The Ombudsmen Act 1975 is hereby amended-(a) By omitting from Part I of the First Schedule the item

relating to the New Zealand Government Railways Department:

(b) By inserting in Part II of the First Schedule, after the item relating to the New Zealand Patriotic Fund Board, the item "The New Zealand Railways Corporation." .

(4) Every reference in any enactment or document whatever to the New Zealand Government Railways Department shall, unless the context otherwise requires, hereafter be read as a reference to the New Zealand Railways Corporation.

( 5) Every reference in any enactment or document whatever to Government railways shall, unless the context otherwise requires, hereafter be read as a reference to New Zealand Railways Corporation railways.

SCHEDULES FIRST SCHEDULE

ApPOINTMENTS OF OFFICERS

1. General Manager. 2. Deputy General Manager. 3. Assistant General Manager. 4. Chief Mechanical Engineer. 5. Deputy Chief Mechanical Engineer. 6. Chief Traffic Manager. 7. Chief Civil Engineer. 8. Deputy Chief Civil Engineer.

Sections 2, 75 (] )

1184 New Zealand Railways Corporation

FIRST SCHEDULE-continued

9. Chief Signals and Communications Engineer. 10. Class 4,-

any grade 10 position: any grade 09 position: any grade 08 po-,ition, except-

Chief Railway Transport Licensing Officer; Assistant Director, Management Services; Assistant Commercial Manager; Assistant Director, Road Services, Stores; District Manager, Road Services; Assistant Manager, Air/Sea Services;

1981, No. 119

Assistant District Traffic Manager, Transportation and Administration;

Goods Manager. 1l. Class 5-

any grade 22 position or above: Resident Engineer Signals.

12. Class 10-any grade 13 position or above.

13. Class 14-any grade 07 position or above, except

Provedore/Purser Superintendent; Repairs Superintendent; Electrical Superintendent; Assistant Marine Superintendent.

14. Class 17-any grade 27 position or above.

15. Class 23-any grade 11 position or above, except

Assistant Director, Mechanic.al.

SECOND SCHEDULE Section 60

Wellington to Johnsonville and Hutt Valley Railways

Part I

WELUNGTON-JOHNSONVILLE RAILWAY AREA

All that area in the Wellington Land District: bounded by a line commencing at the intersection of the left bank of the Kaiwharwhara Stream with the north-western side of the Hutt Road and proceeding north-easterly along that roadside to its intersection with the northeastern boundary of Section 7, Harbour Registration District; thence generally north-westerly along the north-eastern and north-western boundaries of the said Section 7, and the north-eastern boundary of Section 4, Porirua Registration District, to the eastern boundary of the Johnsonville Branch Railway (formerly Wellington-Manawatu Railway); thence north-easterly along a right line to Mitchell's Trig. (Johnsonville No. 1); thence northerly along a right line to a point on the north side of


SECOND SCHEDULE-continued

Helston (formerly Aurora) Road, being the south-eastern corner of Section 41 (fonnerly Section 3A). Paparangi Settlement; thence northwesterly along a right line to a point On Porirua Road, being the original north-eastern corner of Section 3, Block Ill, Hawtrey Settlement; thence westerly and southerly along the northern and western boundaries of Hawtrey Settlement to the south-western corner of Section 4, Block I, Hawtrey Settlement; thence along the eastern boundary of Section 105, Ohariu Registration District, to the southern-most corner of the said Section 105; thence north-westerly along the southwestern boundary of the said Section 105 to the northern corner of Section 96, Ohariu Registration District; thence south-westerly along the north-western boundary of the said Section 96 to the north-eastern side of old Ohariu Road; thence north-westerly along that roadside to the southern-most corner of Section 91, Ohariu Registration District; thence south-westerly along a right line to the northern-most corner of the fonner Section 93, Ohariu Registration District; thence along the north-western boundary to the western-most corner of the said Section 93; thence along a right line to the northern-most corner of Section 9, Kaiwharawhara Registration District; thence along the north-western boundary to and south-easterly along the south-western boundary of the said Section 9, to the northern-most corner of Section 7, Kaiwharawhara Registration District; thence south-westerly along the north-western boundary of the said Section 7, to and south-easterly along the southwestern boundary of that section to the northern-most corner of Lot 1, Kaiwharawhara Registration District; thence south-westerly along the north-western boundaries of Lots I, II and Ill, Kaiwharawhara Registration District to the western-most corner of Lot III aforesaid; thence south-easterly along the south-western boundary of the said Lot III and its production to the left bank of the Kaiwharawhara Stream; thence generally easterly along that bank to the point of commencement: as the same is delineated on a plan marked L.O. 3697B, deposited in the office of the Corporation, Wellington, and thereon bordered red.

Part Il

Hurl' VALLEY PASSENGER SERVICES

All that portion of the Hutt Road from its junction with State Highway No. 1 at Ngauranga to the nearest point thereto at which it joins the approaches to the bridge over the railway approximately 800 metres from the Petone Railway Station on the Wellington side of that station.

THIRD SCHEDULE Section 119

RECLAMATION AUTHORISED

Firstly, all that area in the North Auckland Land District situated in Block VI, Otahuhu Survey District, containing by admeasurement 42 acres 1 rood 10 perches, more or less, being land below high-water mark in the Manukau Harbour (S.O. plan 40219):


"THIRD SCHEDULE-continued

Secondly, all that area in the North Auckland Land District situated in Block VI, Otahuhu Survey District, containing by admeasurement 4 acres 3 roods, more or less, being land below high-water mark in the Manukau Harbour (S.O. plan 40219):

As the same are delineated on the plan marked M.D. 10168 deposited in the office of the Minister of Transport, Wellington, and thereon coloured blue.

FOURTH SCHEDULE Section 120 (1)

1949, No.

1950, No.

1951, No.

1951, No.

1952, No.

1953, No.

1954, No.

1955, No. 1956, No.

1957, No.

1958, No.

1959, No.

1961, No.

1962, No.

1963, No.

1964, No.

1967, No.

1968, No.

1969, No.

ENACTMENl'S REPEALED

40-The Government Railways Act 1949 (Reprinted 1973, Vo!. 2, p. 1403).

71-The Government Railways Amendment Act 1950 (Reprinted 1973, Vo!. 2, p. 1507).

78--The Government Railways Amendment Act 1951 (Reprinted 1973, Vo!. 2, p. 1508).

79-The Fees and Travelling Allowances Act 1951: So much of the Second Schedule as relates to the Government Railways Act 1949.




lO2-The Transport Amendment Act 1955: Section 19 (4). 55-The Government Railways Amendment Act 1956

(Reprinted 1973, Vo!. 2, p. 1511). lO6-The Finance Act 1957: Section 5 and the Second

Schedule (Reprinted 1973, Vo!. 2, p. 1515). 38--The Finance Act 1953: Section 7 (Reprinted 1973,

Vo!. 2, p. 1515). 66-The Government Railways Amendment Act 1959

(Reprinted 1973, Vo!. 2, p. 1515). 39-The Government Railways Amendment Act 1961



(Reprinted 1973, Vo!. 2, p. 1517). 38--The Government Railways Amendment Act 1964

(Reprinted 1973, Vo!. 2, p. 1518) 158--The Government Railways Amendment Act 1967

(Reprinted 1973, Vol. 2, p. 1519). 40-The Government Railways Amendment Act 1968

(Reprinted 1973, Vol. 2, p. 1519). 129-The Sale of Liquor Amendment Act 1969: Section 2

(Reprinted 1975, Vo!. 4, p. 2932).


1970, No.

1971, No.

1971, No.

1972, No.

1973, No.

1973, No.

1974, No. 1976, No. 1977, No. 1978, No. 1979, No.

1979, No.

1980, No.

FOURTH SCHEDULE-continued

137-The Age of Majority Act 1970: So much of the:: First Schedule as relates to the Government Rallways Act 1949.


41-The Government Railways Amendment Act (No. 2) 1971 (Reprinted 1973, Vol. 2, p. 1521).

64-The Government Railways Amendment Act 1972 (Reprinted 1973, Vol. 2, p. 1524).

19-The Industrial Relations Act 1973: So much of the Third Schedule as relates to the Government Railways Act 1949.


38-The Government Railways Amendment Act 1974. 34-The Government Railways Amendment Act 1976. 65-The Public Finance Act 1977: Section 132. 11-The Government Railways Amendment Act 1978. 43-The Carriage of Goods Act 1979: So much of the First

Schedule as relates to the Government Railways Act 1949.

59-The Local Government Amendment Act 1979: So much of Part III of the Third Schedule as relates to the Government Railways Act 1949.

15-The Government Railways Amendment Act 1980.

This Act is administered in the New Zealand Railways Corporation.

Documents

1981 No 119 New Zealand Railways Corporation · B-13 20. Power to sell goods left by un known owner 21. Power to act as agent of consignor of any goods to collect the price thereof