Telecommunications Act 2001

Structural separation of Telecom - Miscellaneous - Public Works Act 1981

69XH: Application of Public Works Act 1981

You could also call this:

"Rules for land transferred from Telecom to Chorus"

Illustration for Telecommunications Act 2001

When land is transferred from Telecom to Chorus, some rules from the Public Works Act 1981 do not apply. You need to know that after the transfer, some of these rules will apply as if Chorus was the government. If Chorus makes an offer to buy the land and it is not accepted, Chorus can sell the land to anyone they choose. If Chorus makes an offer to buy the land, the owner has a certain amount of time to accept it. This time is usually 40 working days, but it can be longer if Chorus thinks it is reasonable. You can find out what a working day means by looking at the Public Works Act 1981. Some words in this section have special meanings. Affected land refers to land that was held by the government for a public work before it was transferred to Telecom. Land has the same meaning as in the Public Works Act 1981. A working day also has the same meaning as in the Public Works Act 1981, which you can find by following the link to https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM45433

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4187679.


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Part 2AStructural separation of Telecom
Miscellaneous: Public Works Act 1981

69XHApplication of Public Works Act 1981

  1. Despite section 4(4) of the Finance Act 1990 and section 24(4) of the State-Owned Enterprises Act 1986, nothing in sections 40 to 42 of the Public Works Act 1981 applies to the transfer of affected land from Telecom to Chorus.

  2. However, after that transfer, sections 40 and 41 of the Public Works Act 1981 apply to that land as if Chorus were the Crown and the transfer of the land from the Crown to Telecom and from Telecom to Chorus had not taken place.

  3. If, in relation to affected land that has been transferred by Telecom to Chorus, an offer made by Chorus under section 40(2) of the Public Works Act 1981 is not accepted within the time specified in subsection (4) and the parties have not agreed on other terms for the sale of the land, Chorus may sell or otherwise dispose of the land to any person and on such terms and conditions as it thinks fit.

  4. The time referred to in subsection (3) is the later of the following:

  5. 40 working days after the offer is made or such further period as Chorus considers reasonable:
    1. if an application has been made to the Land Valuation Tribunal pursuant to section 40(2A) of the Public Works Act 1981, 20 working days after the determination of the Tribunal.
      1. In this section,—

        affected land means any land that, immediately before it was transferred by the Crown to Telecom pursuant to section 4(4) of the Finance Act 1990, was held by the Crown under the Public Works Act 1981 for a public work

          land has the same meaning as in section 2 of the Public Works Act 1981

            working day has the same meaning as in section 2 of the Public Works Act 1981.

            Notes
            • Section 69XH: inserted, on (being the date of separation day, and an Order in Council (SR 2011/302) having been made under section 36), by section 51 of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).