Family Protection Act 1955

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

administration and administrator have the same meanings as they have in section 2(1) of the Administration Act 1969

application means an application made under this Act

child of a marriage, civil union, or de facto relationship includes a child whose parents marry each other, or who enter into a civil union or de facto relationship with each other, after the child’s birth

court means a court having jurisdiction in the proceedings by virtue of section 3A

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

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

stepchild, in relation to any deceased person, means any person—

(a)

who is not a child of the deceased, but is a child of—

(i)

the deceased’s spouse or civil union partner; or

(ii)

a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death and in whose favour the court can make an order under this Act; and

(b)

who was living at the date on which the deceased—

(i)

married that spouse; or

(ii)

entered into the civil union with that civil union partner; or

(iii)

became a party to that de facto relationship.

(2)

This Act shall apply in all cases, whether the deceased person died before or after the commencement of this Act:

provided that no distribution of any part of the estate of a deceased person that has been made before the commencement of this Act shall be disturbed in favour of any person by reason of any application or order made under this Act if it could not have been disturbed in favour of that person by reason of any application or order made under the enactments repealed by this Act.

(3)

[Repealed]

(4)

For the purposes of this Act no real or personal property that is held upon trust for any of the beneficiaries in the estate of any deceased person who died after 7 October 1939 (being the date of the passing of section 23 of the Statutes Amendment Act 1939) shall be deemed to have been distributed or to have ceased to be part of the estate of the deceased by reason of the fact that it is held by the administrator after he has ceased to be administrator in respect of that property and has become trustee thereof, or by reason of the fact that it is held by any other trustee.

(5)

For the purposes of this Act the estate of any deceased person shall be deemed to include all property which is the subject of any donatio mortis causa made by the deceased:

provided that—

(a)

no claim in respect of any property to which this subsection relates shall lie against the administrator by any person who (under any order of the court under this Act) becomes entitled to the property or to any benefit therefrom; and

(b)

in all other respects the provisions of this Act and of sections 30A and 30B of the Administration Act 1952 (which sections were inserted by section 2 of the Administration Amendment Act 1960) shall apply in respect of that property in the same manner as those provisions would apply to the property if it were part of the estate of the deceased which was properly distributed by the administrator immediately after the expiration of 6 months from the date of the grant in New Zealand of administration in the estate of the deceased without notice of any application or intended application under this Act in respect of the estate, whether the order of the court is made before or after the expiration of the said 6 months.

Compare: 1908 No 60 s 32; 1939 No 39 s 23

Section 2(1): replaced, 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 Family Protection Amendment Act 2001 (2001 No 8).

Section 2(1) child of a de facto relationship: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) child of a marriage: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) child of a marriage, civil union, or de facto relationship: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(1) stepchild: replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 2(3): repealed, on 1 January 1970, by section 12(2) of the Status of Children Act 1969 (1969 No 18).

Section 2(5) proviso paragraph (b): amended, on 15 November 1967, by section 2 of the Family Protection Amendment Act 1967 (1967 No 43).