Legislation Act 2019

General definitions and interpretation provisions

13 Definitions of terms for all legislation

In legislation,—

Act means an Act—

(a)

of the Parliament of New Zealand; or

(b)

of the General Assembly

commencement, in relation to any legislation, means the time when the legislation comes into force

Commonwealth country and part of the Commonwealth mean a country that is a member of the Commonwealth; and include a territory for the international relations of which the member is responsible

consular officer means a person who has authority to exercise consular functions

de facto partner means a person who is a party to a de facto relationship (as defined in section 14)

department, in relation to any legislation, means the department, departmental agency, or interdepartmental venture (as named in Part 1, 2, or 4 of Schedule 2 of the Public Service Act 2020) that, with the authority of the Prime Minister, is responsible for the administration of the legislation

enactment means the whole or a part of an Act or any secondary legislation

Gazette means the New Zealand Gazette (or a supplement to the New Zealand Gazette) published or purporting to be published under the authority of the New Zealand Government

Governor-General in Council or a similar expression means the Governor-General acting on the advice and with the consent of the Executive Council

legislation has the meaning set out in section 5(1)

legislation website has the meaning set out in section 5(1)

maker has the meaning set out in section 5

Minister, in relation to any legislation, means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the legislation

Ministry, in relation to any legislation, means the department, departmental agency, or interdepartmental venture (as named in Part 1, 2, or 4 of Schedule 2 of the Public Service Act 2020) that, with the authority of the Prime Minister, is responsible for the administration of the legislation

month means a calendar month

New Zealand or similar words referring to New Zealand, when used as a territorial description,—

(a)

means the islands and territories within the Realm of New Zealand; but

(b)

does not include the self-governing State of the Cook Islands, the self-governing State of Niue, Tokelau, or the Ross Dependency

North Island or Te Ika-a-Māui, both official alternative names, means the island commonly known as the North Island, and includes the islands adjacent to it north of Cook Strait

office includes position

Order in Council means an order made by the Governor-General in Council

person includes a corporation sole, a body corporate, and an unincorporated body

prescribed means prescribed by or under legislation

presentation exemption has the meaning set out in section 5(1)

proceeding means a proceeding (whether civil, criminal, disciplinary, or other, at any stage, and interlocutory or main)—

(a)

in or before a court or tribunal, or before a person acting judicially; or

(b)

of a person or body performing administrative functions, investigative functions, or both

Proclamation means a Proclamation made and signed by the Governor-General under the Seal of New Zealand and (if it is not legislation) published in the Gazette

public notification, public notice, or a similar expression in relation to an act, a matter, or a thing, means a notice published—

(a)

in the Gazette; or

(b)

in 1 or more newspapers circulating in the area to which the act, matter, or thing relates or in which it arises; or

(c)

on an Internet site that is administered by or on behalf of the person who must or may publish the notice, and that is publicly available as far as practicable and free of charge

repeal, in relation to any legislation, includes—

(a)

expiry (or any other lapsing or ceasing of effect); and

(b)

revocation; and

(c)

replacement

rules of court, in relation to a court, means rules regulating the practice and procedure of the court

secondary legislation has the meaning set out in section 5(1)

South Island or Te Waipounamu, both official alternative names, means the island commonly known as the South Island, and includes the islands adjacent to it south of Cook Strait

territorial limits of New Zealand, limits of New Zealand, or a similar expression, when used as a territorial description, means the outer limits of the territorial sea of New Zealand

working day means a day of a week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(b)

a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and

(c)

if 1 January falls on a Friday, the following Monday; and

(d)

if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

(e)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday

writing means representing or reproducing words, figures, or symbols in a visible and tangible form and medium (for example, in print) (but see Part 4 of the Contract and Commercial Law Act 2017, which provides for meeting written requirements by electronic means).

Compare: 1999 No 85 s 29

Section 13 department: replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 13 Ministry: replaced, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Section 13 working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).