2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

administration means probate of the will of a deceased person, and includes letters of administration of the estate of a deceased person, granted with or without a will annexed, for general, special, or limited purposes, and in the case of a trustee corporation includes an order to administer and an election to administer

administrator means any person to whom administration is granted; and includes a trustee corporation in any case where it is deemed to be an executor or administrator by reason of having filed an election to administer

Commonwealth means the Commonwealth of Nations; and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible

Commonwealth country means a country that is a member of the Commonwealth; and includes every territory for whose international relations the Government of that country is responsible

court means the High Court; and includes a Judge of that court

de facto relationship has the meaning given to it by section 2 of the Property (Relationships) Act 1976

estate means real and personal property of every kind, including things in action

goods has the same meaning as in the Credit Contracts and Consumer Finance Act 2003

hire purchase agreement means an agreement under which goods are let or hired with an option to purchase and an agreement for the purchase of goods by instalment payments (whether the agreement describes the payments as rent or hire or otherwise) under which the person who agrees to purchase the goods is given possession of them before the total amount payable has been paid; and—

(a)

includes—

(i)

any agreement to sell goods under which the buyer grants security over the goods to the seller for the whole or part of the purchase price and the property in the goods passes to the buyer subject to that security (in which case the agreement is a hire purchase agreement made at the time the sale is made); and

(ii)

a sale and loan arrangement under which a person lends money on the security of any goods that have been bought or are to be bought if the whole or part of the purchase price is paid out of the proceeds of the loan, and the loan is made by the seller or is arranged by the seller and made by a third party who is engaged in the business of lending money or who habitually lends money in the course of the third party’s business (in which case the arrangement is a hire purchase agreement made at the time of the making of the loan); but

(b)

does not include, subject to paragraph (a), any agreement under which property in the goods passes absolutely to the person who agrees to purchase them at the time of the agreement or upon or at any time before delivery of the goods

intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his or her real or personal estate

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

personal chattels, in relation to any person who has died, means all vehicles, boats, and aircraft and their accessories, garden effects, horses, stable furniture and effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors, and consumable stores, which immediately before his or her death were owned by him or her or in which immediately before his or her death he or she had an interest as debtor under a security interest as defined in the Personal Property Securities Act 1999, or as purchaser under a hire purchase agreement; but does not include any chattels used exclusively or principally at the death of the deceased for business purposes or money or securities for money

real estate means lands, tenements, and hereditaments, corporeal or incorporeal, and whether in possession, reversion, remainder, or expectancy; and any estate or interest in them or any of them, whether freehold or chattel interests; and any possibility, right, or title of entry or action in or concerning them or any of them

Registrar means the Registrar of the High Court

rules means rules from time to time made under the authority of this Act

securities includes stocks, funds, shares, and convertible notes

surviving de facto partner, in relation to a deceased person, means a person who was living in a de facto relationship with the deceased person at the date of his or her death

trustee company means a trustee company within the meaning of the Trustee Companies Act 1967

trustee corporation means Public Trust or the Māori Trustee or any trustee company

will includes a codicil.

References to a child or issue living at the death of any person include a child or issue who is conceived but not born at the death but who is subsequently born alive.

(2)

Nothing in this Act shall affect any special provision in any Act for the time being in force relating to the wills of Maori or to the obtaining of administration of the estate of a deceased Maori or the distribution of the estate of a deceased Maori.

Compare: 1952 No 56 s 2

Section 2(1) court: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 2(1) de facto relationship: inserted, on 1 February 2002 (applying only in respect of the estates of persons who die on or after that date), by section 4 of the Administration Amendment Act 2001 (2001 No 6).

Section 2(1) goods: inserted, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 2(1) hire purchase agreement: inserted, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 2(1) Maori: amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

Section 2(1) personal chattels: amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 2(1) personal chattels: amended, on 1 May 2002, by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).

Section 2(1) personal chattels: amended, on 1 January 1971, by section 2 of the Administration Amendment Act 1970 (1970 No 45).

Section 2(1) Registrar: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 2(1) surviving de facto partner: inserted, on 1 February 2002 (applying only in respect of the estates of persons who die on or after that date), by section 4 of the Administration Amendment Act 2001 (2001 No 6).

Section 2(1) trustee corporation: amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).