New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  Advisory Board means the War Pensions Advisory Board established under section 5A

  Appeal Board means a War Pensions Appeal Board established under this Act

  child, in relation to any member of the forces, means a child under the age of 16 years; and includes a step-child

  claims panel means a war pensions claims panel maintained by the Secretary under section 15(1)

  Department means, subject to any enactment, the New Zealand Defence Force (as defined in section 2(1) of the Defence Act 1990)

  dependant, in relation to a member of the defence force, means—

  • (a) any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—

    • (i) is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and

    • (ii) is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:

  • (b) any person who is under the care of that member as a consequence of that person’s inability to live independently of the member for reasons of—

    • (i) disability; or

    • (ii) illness; or

    • (iii) advanced age

  dependent child, in relation to a member of the forces or any other person claiming a pension or allowance under this Act, means a child who is being cared for as a member of the family of the member of the forces or other such person

  medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

  member of the Emergency Reserve Corps means any person who was at any time a member of the Emergency Reserve Corps established under the Emergency Reserve Corps Regulations 1941

  member of the family, in relation to a family that includes a member of the forces, means—

  • (a) any person who is related to the member:

  • (b) any person who belongs to the same whanau or other culturally recognised family group:

  • (c) any person within a class of persons specified as members of a family in guidelines issued by the Secretary

  member of the forces means any person who is or has at any time been a member of any of Her Majesty’s forces established in New Zealand, whether before or after the commencement of this Act

  member of the forces means a member of the defence force

  member of the mercantile marine means any person who is or has at any time been the master or any other officer or the pilot or any member of the crew of—

  • (a) any ship that is for the time being on New Zealand articles; or

  • (b) any ship that is engaged in trading exclusively in New Zealand waters but is not on articles; or

  • (c) any ship that is for the time being owned and operated by the New Zealand Government or by any Harbour Board

  Minister means, subject to any enactment, the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

  official or employee of the Department includes a member of the New Zealand Defence Force

  partner means civil union partner or de facto partner

  pay period, in relation to any class of pension or allowance under this Act means a period of 4 complete weeks commencing on such date as the Secretary determines from time to time

  Secretary means the Secretary for War Pensions; and includes any person for the time being authorised to exercise or perform any of the powers, duties, or functions of the Secretary

  spouse, in relation to a member of the forces who is married, means the person to whom the member is married.

  (2) Terms defined in this section in relation to a member of the forces have corresponding meanings, with any necessary modifications, when used in this Act in relation to persons other than members of the forces.

  Compare: 1940 No 24 s 2; 1943 No 22 ss 2, 19(3), 35(1), (2), 54; 1949 No 26 s 3

  Section 2(1) Advisory Board: inserted, on 1 April 1989, by section 2(2) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 2(1) Board: repealed, on 1 April 1989, by section 2(1) of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 2(1) child: amended, on 1 January 1970, by section 12(2) of the Status of Children Act 1969 (1969 No 18).

  Section 2(1) claims panel: substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).

  Section 2(1) Department: substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).

  Section 2(1) dependant: substituted, on 15 December 2001, by section 3(1) of the War Pensions Amendment Act 2001 (2001 No 97).

  Section 2(1) dependent child: substituted, on 1 April 1991, by section 2(1) of the War Pensions Amendment Act 1991 (1991 No 2).

  Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 2(1) member of the family: substituted, on 15 December 2001, by section 3(1) of the War Pensions Amendment Act 2001 (2001 No 97).

  Section 2(1) member of the forces second definition: inserted, on 15 December 2001, by section 3(2) of the War Pensions Amendment Act 2001 (2001 No 97).

  Section 2(1) Minister: substituted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).

  Section 2(1) official or employee of the Department: inserted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).

  Section 2(1) partner: substituted, on 26 April 2005, by section 3 of the War Pensions Amendment Act 2005 (2005 No 24).

  Section 2(1) pay period: inserted, on 1 February 1961, by section 7(2) of the War Pensions Amendment Act 1960 (1960 No 14).

  Section 2(1) relationship: repealed, on 26 April 2005, by section 3 of the War Pensions Amendment Act 2005 (2005 No 24).

  Section 2(1) spouse: added, on 15 December 2001, by section 3(2) of the War Pensions Amendment Act 2001 (2001 No 97).

  Section 2(1) war service pension: repealed, on 1 April 1990, by section 15(2) of the Social Welfare (Transitional Provisions) Act 1990 (1990 No 26).