New Zealand Legislation: Acts

4 Interpretation

• In this Act, unless the context otherwise requires,—

  administration means probate of the will of a deceased person; and includes—

  • (a) letters of administration of the estate of a deceased person, granted with or without the will annexed, for general, special, or limited purposes; and

  • (b) in the case of Public Trust, an order to administer and an election to administer

  administrator means any person to whom administration is granted; and includes—

  • (a) an executor before and after the probate has been granted; and

  • (b) Public Trust, in any case where it is deemed to be an executor or administrator by reason of having filed an election to administer

  board means the board of Public Trust established by section 14

  chief executive means the chief executive of Public Trust

  Crown entity subsidiary has the same meaning as in section 8(2) of the Crown Entities Act 2004.

  Crown entity subsidiary: this definition was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

  common fund means the common fund constituted under section 48

  court, in relation to any matter, means a court having jurisdiction in that matter; and includes a Judge of that court

  estate means any property administered or held, managed, or controlled by Public Trust, whether as administrator or other trustee or as guardian, committee, manager, liquidator, receiver, agent, or attorney, or in any other capacity

  estate money means money forming part of an estate

  fiduciary means an administrator, trustee, guardian, committee, manager, liquidator, receiver, agent, or attorney, or a fiduciary in any other capacity

  good employer

  [Repealed]

  good employer: this definition was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

  group investment fund means a group investment fund established under section 63 of this Act or section 42A of the Public Trust Office Act 1957

  instrument includes any enactment

  land includes all estates and interests, whether freehold or chattel, and whether legal or equitable, in real property

  Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  office solicitor means the solicitor who is employed by Public Trust as its office solicitor or chief legal adviser; and includes any other solicitor employed by Public Trust who is under the control and direction of that person

  owner, in relation to any property, includes any person having an estate or interest in the property

  portfolio investment entity means a portfolio investment entity within the meaning of the Income Tax Act 2004

  property includes real and personal property, any estate or interest in real or personal property, any debt, any thing in action, and any other right or interest

  Public Trust means Public Trust established by section 7; and includes a Crown entity subsidiary of Public Trust

  Public Trust: this definition was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by inserting the words “Crown entity” before the word “subsidiary”.

  related company has the meaning set out in section 2(3) of the Companies Act 1993; and, for that purpose, Public Trust is to be treated as if it were a company registered under that Act

  subsidiary has the meaning set out in sections 5, 7, and 8 of the Companies Act 1993; and, for that purpose, Public Trust is to be treated as if it were a company registered under that Act

  trust—

  • (a) includes—

    • (i) implied and constructive trusts; and

    • (ii) cases where the trustee has a beneficial interest in the trust property; and

    • (iii) the duties incidental to the office of a personal representative; but

  • (b) does not include the duties incidental to an estate conveyed by way of mortgage;—

  and trustee has a corresponding meaning.

  Compare: 1957 No 36 s 2

  Section 4 portfolio investment entity: inserted, on 1 October 2007, by section 229 of the Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 (2006 No 81).