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Public Works Act 1981

General provisions

248: Repeals, revocation, and savings

You could also call this:

“Old rules are removed and important ones are kept”

This part of the law talks about removing old rules and keeping some important ones. Here’s what it means:

The law gets rid of some old rules listed in Schedule 8. It also cancels an old order about money from 1934.

Even though some old rules are gone, the Maori Trustee can still do their job for land taken before 1975. This is to make sure they can still help with land that was taken a long time ago.

The law says that all the railways that were allowed to be built under old rules are still allowed under the new rules. Some parts of the old railway rules will still work.

There’s a special rule for Southland Electricity. Even though the old Southland Electricity Act is gone, one part of it (section 20) still works. This part changes how some rules in the current law work when land is given to the electricity company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM48604.

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247: Amendments to other Acts, or

"Changes to other laws about public works"

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249: Transitional provision, or

"This explains what happened to an old rule in the law that doesn't exist anymore"

Part 21 General provisions

248Repeals, revocation, and savings

  1. The enactments specified in Schedule 8 are hereby repealed.

  2. The Order in Council fixing a day upon which section 36 of the Finance Act 1933 (No 2) shall come into force, published in Gazette 1934, Volume 1, at page 424 is hereby revoked.

  3. Notwithstanding the repeal of any enactment by this section, the powers and duties conferred on the Maori Trustee by section 104 of the Public Works Act 1928 (as substituted by section 6 of the Public Works Amendment Act 1962 and amended by section 2 of the Public Works Amendment Act 1964) shall, in respect of land taken for the purposes of a public work before 1 January 1975, continue and be exercised as if the said section 104 had not been repealed by section 12(8) of the Maori Purposes Act 1974.

  4. Notwithstanding the repeal of any enactment by this section or by section 15(2) of the Public Works Amendment Act 1973, every railway the construction of which has been authorised or deemed to have been authorised under any such enactment or by any enactment continued in force by any such enactment shall be deemed to have been authorised to be constructed under section 164, and so much of the Acts as are set out in Schedule 9 of the Public Works Act 1928 shall continue in force and operate as if such repeal had not been made.

  5. Despite the repeal of the Southland Electricity Act 1993 by section 3(1) of the Statutes Repeal Act 2017, section 20 of the Southland Electricity Act 1993 (which relates to the modification of sections 40 to 42 of this Act) continues to apply to the transfer of land or an interest in land to the company pursuant to the Southland Electricity Act 1993 as if that section had not been repealed.

Compare
  • 1928 No 21 s 346
  • 1973 No 44 s 15
  • 1974 No 144 s 12(9)
Notes
  • Section 248(5): inserted, on , by section 4(1) of the Statutes Repeal Act 2017 (2017 No 23).