Adoption Act 1955

  • not the latest version
2 Interpretation

In this Act, unless the context otherwise requires,—

adopted child means any person concerning whom an adoption order is in force

adoption order means an adoption order made under this Act; and does not include an interim order

adoptive parent means any person who adopts a child in accordance with an adoption order; and, in the case of an order made in favour of a married couple on their joint application, means both the spouses; but does not include a spouse who merely consents to an adoption

chief executive means the chief executive of the department

child means a person who is under the age of 20 years; and includes any person in respect of whom an interim order is in force, notwithstanding that the person has attained that age

Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible; and also includes the Republic of Ireland as if that country were a member of the British Commonwealth of Nations

Commonwealth representative means an Ambassador, High Commissioner, Minister, Chargé d’Affaires, Consular Officer, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Minister, or Chargé d’Affaires

court means the Family Court or the District Court in its civil jurisdiction; and includes the High Court acting in its jurisdiction on appeal under this Act

department means the department for the time being responsible for the administration of the Oranga Tamariki Act 1989

interim order means an interim order made under this Act

Maori means a person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993

publish, in relation to any advertisement, means—

(a)

insert in any newspaper or other periodical publication printed and published in New Zealand; or

(b)

bring to the notice of members of the public in New Zealand in any other manner whatsoever

Registrar, in relation to any court, means the Registrar of that court and includes any Deputy Registrar

relative, in relation to any child, means a grandparent, brother, sister, uncle, or aunt, whether of the full blood, of the half blood, or by affinity

social worker

(a)

In relation to any application or proposed application by a Maori, whether jointly or singly, for an adoption order in respect of a Maori child, means—

(i)

any Maori person employed as a social worker under Part 5 of the State Sector Act 1988 in the department; or

(ii)

any member of the Maori community nominated, after consultation with the Maori community, by the chief executive to carry out the duties of a social worker under this Act in respect of the adoption:

(b)

in relation to any other application or proposed application for an adoption order, means—

(i)

any person employed as a social worker under Part 5 of the State Sector Act 1988 in the department; or

(ii)

if the court so directs, any member of the Maori community nominated, after consultation with the Maori community, by the chief executive to carry out the duties of a social worker under this Act in respect of the adoption.

Compare: 1908 No 86 s 15; 1939 No 39 s 34

Section 2 adoption order: amended, on 24 September 1965, by section 5(2) of the Adoption Amendment Act 1965 (1965 No 32).

Section 2 adoption order: amended, on 1 April 1963, by section 2(a) of the Adoption Amendment Act 1962 (1962 No 134).

Section 2 adoptive parent: amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

Section 2 chief executive: inserted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 child: amended, on 1 January 1971, by section 6 of the Age of Majority Act 1970 (1970 No 137).

Section 2 child welfare officer: repealed, on 1 April 1972, by section 23(1) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 2 court: replaced, on 1 October 1981, by section 17(1) of the Family Courts Act 1980 (1980 No 161).

Section 2 court: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 2 department: inserted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 department: amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 2 Director-General: repealed, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

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

Section 2 Maori: amended, on 23 March 1995, by section 2(1) of the Adoption Amendment Act 1995 (1995 No 4).

Section 2 Registrar: amended (with effect on 27 October 1955), on 24 September 1965, by section 2(2) of the Adoption Amendment Act 1965 (1965 No 32).

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

Section 2 social worker: replaced, on 23 March 1995, by section 2(2) of the Adoption Amendment Act 1995 (1995 No 4).

Section 2 social worker paragraph (a)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 social worker paragraph (a)(ii): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 social worker paragraph (b)(i): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 social worker paragraph (b)(ii): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 2 Superintendent of Child Welfare: repealed, on 1 April 1972, by section 23(2) of the Department of Social Welfare Act 1971 (1971 No 60).