131A Dependent family member defined

(1)

For the purposes of section 131, one person is a dependent family member of another person—

(a)

if the other person has power or authority over him or her, and is—

(i)

his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or

(ii)

a parent, step-parent, or foster parent of a person described in subparagraph (i); or

(iii)

a child of his or her parent or step-parent; or

(iv)

the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii); or

(b)

if they are members of the same family, whanau, or other culturally recognised family group, and the other person—

(i)

is not a person referred to in paragraph (a); but

(ii)

has a responsibility for, or significant role in, his or her care or upbringing; or

(c)

if he or she is living with the other person as a member of the other person’s family, and the other person is not a person referred to in paragraph (a), but has—

(i)

power or authority over him or her; and

(ii)

a responsibility for, or significant role in, his or her care or upbringing.

(2)

In subsection (1),—

aunt, in relation to a person, includes a half-sister of one of the person’s parents

foster parent includes a former foster parent

guardian

(a)

means guardian by virtue of the Guardianship Act 1968 or the Oranga Tamariki Act 1989; and

(b)

includes a former guardian

step-parent includes a former step-parent

uncle, in relation to a person, includes a half-brother of one of the person’s parents.

Section 131A: inserted, on 20 May 2005, by section 7 of the Crimes Amendment Act 2005 (2005 No 41).

Section 131A(2) guardian paragraph (a): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).