New Zealand Legislation: Acts

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 Children, Young Persons, and Their Families 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).