Treaty of Waitangi Act 1975

Recommendations in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990

8HJ: Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990

You could also call this:

"Claims about land that used to be owned by the government and is now owned by a railway company"

When you make a claim to the Tribunal under section 6 about land that used to be owned by the Crown, some special rules apply. These rules are found in sections 8A to 8H, but they need to be modified to fit your situation. This means that when these sections talk about certain things, you should think of them as talking about land that used to be owned by the Crown.

You need to imagine that section 8A(1) is talking about land that was owned by the Crown before it was given to a company. Also, when section 8A(6) talks about an interest in land, it is talking about an interest in land that was given to a company, but the land itself was not given to that company. Some other sections, like sections 8A(2)(b) and (c), 8D(1), 8E(1) and (3)(b), and 8G(3)(f), refer to section 27B of the State-Owned Enterprises Act 1986, but in your case, they should refer to section 39 of the New Zealand Railways Corporation Restructuring Act 1990. When section 8G(3)(c) talks about land given to a State enterprise, it should be thought of as talking about land given to a company under the New Zealand Railways Corporation Restructuring Act 1990.

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8HJClaims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990

  1. In respect of every claim submitted to the Tribunal under section 6 that relates in whole or in part to land or an interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, whether or not the land or interest in land is still vested in that company, the provisions of sections 8A to 8H shall apply with such modifications as may be necessary and, in particular, as if—

  2. the reference in section 8A(1) to land or an interest in land to which that section applies was a reference to land or an interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, whether or not that land or interest in land is still vested in that company:
    1. the reference in section 8A(6) to an interest in land was a reference to an interest in land that was vested in a Crown transferee company under section 6 of the New Zealand Railways Corporation Restructuring Act 1990 but where the land itself was not vested in that company:
      1. the references in sections 8A(2)(b) and (c), 8D(1), 8E(1) and (3)(b), and 8G(3)(f) to section 27B of the State-Owned Enterprises Act 1986 were references to section 39 of the New Zealand Railways Corporation Restructuring Act 1990:
        1. the reference in section 8G(3)(c) to land or an interest in land transferred to or vested in a State enterprise was a reference to land or an interest in land vested in a Crown transferee company pursuant to the New Zealand Railways Corporation Restructuring Act 1990.
          Notes
          • Section 8HJ: inserted, on , by section 43 of the New Zealand Railways Corporation Restructuring Act 1990 (1990 No 105).