New Zealand Legislation: Acts

3 Interpretation

• In this Part and Parts 2 to 7, unless the context otherwise requires,—

  Assignee or Official Assignee means the Official Assignee for New Zealand, the Deputy Official Assignee for New Zealand, and any other Official Assignee or Deputy Assignee appointed under this Act

  bankrupt means a person who has been adjudicated bankrupt (see section 10)

  charge includes a right or interest in relation to property owned by a debtor, by virtue of which a creditor of the debtor is entitled to claim payment in priority to other creditors; but does not include a charge under a charging order issued by a court in favour of a judgment creditor

  company means any company within the meaning of the Companies Act 1993; and includes—

  • (a) a building society within the meaning of the Building Societies Act 1965:

  • (b) a society incorporated under the Incorporated Societies Act 1908:

  • (c) a registered society within the meaning of the Industrial and Provident Societies Act 1908:

  • (d) a society incorporated or registered overseas that is similar to any society in paragraphs (a) to (c)

  court means the High Court

  current summary instalment order has the meaning set out in section 355

  document means a document in any form; and includes—

  • (a) any writing on any material; and

  • (b) information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and

  • (c) a book, graph, or drawing; and

  • (d) a photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of equipment) of being reproduced

  goods has the same meaning as in section 16(1) of the Personal Property Securities Act 1999

  Judge means a Judge of the High Court

  lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006

  Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

  ordinary resolution means a resolution of creditors passed in accordance with section 92(1)(a)

  overseas company means a company that is incorporated outside New Zealand

  prescribed means prescribed by this Act or by regulations made under this Act or by rules

  property means property of every kind, whether tangible or intangible, real or personal, corporeal or incorporeal, and includes rights, interests, and claims of every kind in relation to property however they arise

  provable debt has the meaning given to it in section 231(1)

  Registrar means a Registrar of the court; and includes a Deputy Registrar

  relative, in relation to any person (A), means—

  • (a) A's parent, spouse, child, brother, or sister; or

  • (b) the parent, child, brother, or sister of A's spouse; or

  • (c) a nominee or trustee for any of them

  rules means rules for the time being in force under this Act; and includes forms prescribed by the rules

  secured creditor means a person entitled to a charge on or over property owned by a debtor

  shares includes stock

  sheriff includes any officer who undertakes the execution or process of any court

  special resolution means a resolution of creditors passed in accordance with section 92(1)(b)

  spouse, in relation to a person (A), includes a person with whom A has a de facto relationship (whether that person is of the same or a different sex as A) and a civil union partner

  student loan balance means a loan balance under the student loan scheme established by the Student Loan Scheme Act 1992

  supervisor means a person who is appointed under section 345.

  Compare: 1967 No 54 s 2