Part 1 Interpretation and scope

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

audio link means facilities (for example, telephone facilities) that enable audio communication between people in different places

audiovisual link means facilities that enable both audio and visual communication between people in different places

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 debt repayment 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

excluded debt, in relation to a debt repayment order or the no asset procedure, means—

(a)

any amount payable under a maintenance order under the Family Proceedings Act 1980; and

(b)

any amount payable under the Child Support Act 1991; and

(c)

any student loan balance

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 consolidated loan balance, as that term is defined in section 4(1) of the Student Loan Scheme Act 2011

supervisor means a person who is appointed under section 345.

Compare: 1967 No 54 s 2

Section 3 audio link: inserted, on 16 December 2017, by section 70 of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 3 audiovisual link: inserted, on 16 December 2017, by section 70 of the Electronic Interactions Reform Act 2017 (2017 No 50).

Section 3 current debt repayment order: inserted, on 13 January 2020, by section 50(2) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 3 current summary instalment order: repealed, on 13 January 2020, by section 50(1) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 3 excluded debt: inserted, on 13 January 2020, by section 50(2) of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).

Section 3 student loan balance: replaced, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).