New Zealand Legislation: Acts

8 Interpretation

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

  certified copy, in relation to an order of a court, means a copy certified by the proper officer of the court to be a true copy of the order

  chief executive means the chief executive of the department

  child means a person under the age of 18 years

  contact, in relation to a child, includes all forms of direct and indirect interaction with the child

  country includes any State, territory, province, or other part of a country

  court means a court having jurisdiction in the proceedings, under section 125

  day-to-day care includes care that is provided only for 1 or more specified days or parts of days

  department means the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989

  faxed copy, in relation to a warrant issued under this Act, means a copy of the warrant that is produced by a fax machine, computer, or other electronic device when the warrant is sent by facsimile transmission

  guardian and guardianship have the meanings given to them by section 15

  High Court includes a Judge of that court

  lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

  litigation guardian—

  • (a) has the same meaning as the expression guardian ad litem; and

  • (b) in section 31(2)(e), includes a next friend

  overseas parenting order—

  • (a) means an order made by a court in a prescribed overseas country, being—

    • (i) an order relating to the role of providing day-to-day care for, or contact with, a child; or

    • (ii) an order that varies or discharges or is made in substitution for an order in subparagraph (i); but

  • (b) does not include—

    • (i) an interim order or an order made without notice; or

    • (ii) an order made by a court in a prescribed overseas country and that varies or discharges or is made in substitution for an order, made in New Zealand, that is registered or is otherwise enforceable in the prescribed overseas country

  parenting order means an order under section 48(1)

  prescribed means prescribed by rules of court, regulations, or Order in Council

  prescribed overseas country means—

  • (a) Australia; or

  • (b) any State or Territory of Australia; or

  • (c) any other country outside New Zealand that is declared by Order in Council to be a prescribed overseas country for the purposes of this Act; and, for the purposes of this paragraph, the Cook Islands, Niue, and Tokelau must each be treated as a country outside New Zealand

  Registrar-General has the meaning given to it by section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

  role of providing day-to-day care for a child—

  • (a) means the role, under this Act, an order under this Act, or an order made by a court in a prescribed overseas country, of providing day-to-day care for the child; and

  • (b) includes, while exercising that role, exclusive responsibility for the child’s day-to-day living arrangements

  Secretary means the Secretary for Justice

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

  spouse or partner of a parent means, in relation to a child, a person who is not the child’s parent but—

  • (a) who is or has been married to, or in a civil union or de facto relationship with, a parent of the child; and

  • (b) who shares responsibility for the child’s day-to-day care with the parent.

  Compare: 1968 No 63 s 2

  Section 8 de facto partner: repealed (without coming into force), on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).

  Section 8 de facto relationship: repealed (without coming into force), on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).

  Section 8 lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

  Section 8 partner of a parent: repealed (without coming into force), on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).

  Section 8 Registrar-General: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

  Section 8 spouse or partner of a parent: added, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).