wills act 1837

8/4/2019 Wills Act 1837

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In the beginning was the Word, and the Word was with God, and the Word is God.

Wills Act 1837 (UK) No 26 (as at 03 September 2007), Imperial Act

Interpretation

The words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a

different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude

such construction, be interpreted as follows; (that is to say),

The word will shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any

child, by virtue of the Tenures Abolition Act 1660, or by virtue of an Act passed in the Parliament of Ireland in the

fourteenth and fifteenth years of the reign of King Charles the Second, intituled “An Act for taking away the Court of

Wards and Liveries, and tenures in capite and by knight's service”, and to any other testamentary disposition; and

The words real estate shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether

freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal,

incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel

interest) therein; and

The words personal estate shall extend to leasehold estates and other chattels real, and also to monies, shares of

government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits,

goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share

or interest therein; andEvery word importing the singular number only shall extend and be applied to several persons or things as well as one

person or thing; and

Every word importing the masculine gender only shall extend and be applied to a female as well as a male.

Will: The reference to the Tenures Abolition Act 1660, being the Short Title given by section 5 Statute Law Revision Act

1948 (UK), has been substituted for a reference to an Act passed in the twelfth year of the reign of King Charles the

Second, intituled “An Act for taking away the Court of Wards and Liveries, and tenures in capite and by knight's service,

and purveyance, and for settling a revenue upon His Majesty in lieu thereof”.

The Short Title of the Irish Act of 14 and 15 Charles II is the Tenures Abolition Act (Ireland) 1662.

The Tenures Abolition Act 1660 was repealed as part of the law of New Zealand by section 35(2) of the Guardianship

Act 1968.

As to the power of the mother and father of a child to appoint testamentary guardians, see section 7 Guardianship Act

1968.

Wills Act 2007 No 36 (as at 24 April 2008), Public Act

Interpretation

disposition includes—

o (a) the creation by will of a power of appointment; and

o (b) the exercise by will of a power of appointment

document means any material on which there is writing

personal representative means administrator, executor, or trustee

will-maker— o (a) means a person who makes, changes, revokes, or revives a will; and

o (b) is the equivalent of testator and testatrix.

Section 8

Meaning of will

(1) Will means a document that—

o (a) is made by a natural person; and

o (b) does any or all of the following:

(i) disposes of property to which the person is entitled when he or she dies; or

(ii) disposes of property to which the person's personal representative becomes entitled as personal

representative after the person's death; or

(iii) appoints a testamentary guardian.

(2) When this Act refers to making, changing, revoking, or reviving a will, it means a will as defined in subsection (1).

(3) When this Act refers to a will in any other context, it means whichever is appropriate of the following:

o (a) a will as defined in subsection (1); or

o (b) a document that changes a will as defined in subsection (1); or

o (c) a document that revokes a will as defined in subsection (1); or

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o (d) a document that revives a will as defined in subsection (1); or

o (e) a codicil to a will as defined in subsection (1).

(4) A person who may dispose of property during his or her life by a document creating a valid power or trust may

dispose of property by his or her will by creating a power or trust of the same kind.

(5) In this section, property—

o (a) includes—

(i) a contingent, executory, or future interest in property; and

(ii) a right of entry to property; and

(iii) a right of recovery of property; and

(iv) a right to call for the transfer of title to property; and

o (b) does not include property of which a person is a trustee when he or she dies.

(6) Section 108 of Te Ture Whenua Maori Act 1993 overrides this section.

Compare: Wills Act 1837 ss 1, 3 (UK)

Insolvency Act 2006 No 55 (as at 01 November 2010), Public Act

Disposition of property to trustee for benefit of creditors

(1) A debtor commits an act of bankruptcy if, in New Zealand or elsewhere, the debtor disposes of all, or substantially

all, of the debtor's property to a trustee for the benefit of all or any of the debtor's creditors.

(2) This section is subject to section 41(3)(a). Compare: 1967 No 54 s 19(1)(a)

Property Law Act 2007 No 91 (as at 01 November 2010), Public Act

Interpretation

bankrupt—

o (a) means a person who is adjudged bankrupt; and

o (b) includes a deceased person’s estate administered under Part 6 of the Insolvency Act 2006

conveyance includes any deed of assignment, appointment, lease, settlement, or other assurance by deed of any

property

covenant means a promise expressed or implied in—

o (a) an instrument; oro (b) a short-term lease not made in writing

covenantor, in relation to a mortgage,—

o (a) means a person, other than the mortgagor, who has agreed to pay money or perform obligations secured

by the mortgage; and

o (b) includes a guarantor

creditor includes—

o (a) a person who is a creditor within the meaning of section 240 of the Companies Act 1993; and

disposition—

o (a) means any sale, mortgage, transfer, grant, partition, exchange, lease, assignment, surrender, disclaimer,

appointment, settlement, or other assurance; and

o (b) includes the creation of —

(i) an easement, profit à prendre, or any other interest in property; and (ii) a trust in the lifetime of the settlor or by will, and a devise, bequest, or appointment by will in

respect of property; but

o (c) in subpart 6 of Part 6, has the meaning given to that term by section 345(2)

instrument—

o (a) means any use of words, figures, or symbols (for example, an agreement, contract, deed, grant, or

memorandum, or some other document that is certified, executed, or otherwise approved by or on behalf of a

party or parties, or a judgment, order, or process of a court) that—

(i) creates, evidences, modifies, or extinguishes legal or equitable rights, interests, or liabilities

(without being lodged, filed, or registered under an enactment, or after being so lodged, filed, or

registered, or both); and

(ii) is in a visible and tangible form and medium (for example, in handwriting, print, or both), or is in

an electronic form in accordance with the Electronic Transactions Act 2002 or the Land Transfer(Computer Registers and Electronic Lodgement) Amendment Act 2002; and

o (b) includes any instrument as defined in section 2 of the Land Transfer Act 1952; and

o (c) includes any covenant expressed or implied (under this or any other enactment) in, and any variation of,

any instrument as defined in paragraph (a) or (b); but




























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o (d) does not include an enactment (though it may be in a form prescribed by one, or have covenants or terms

implied in it under one, or both)

owner,—

o (a) in subparts 4 and 5 of Part 5 and in Part 6, in relation to land, means—

(i) the holder of an estate in fee simple or a life interest in the land; or

(ii) the holder of a licence to occupy the land within the meaning of section 121A of the Land Transfer

Act 1952; or

(iii) the holder of a deferred payment licence under section 65 of the Land Act 1948; and

o (b) in relation to a public reserve, includes the local authority, trustees, or persons having control of the

reserve

o (a) means everything that is capable of being owned, whether it is real or personal property, and whether it is

tangible or intangible property; and

o (b) includes any estate or interest in property; and

o (c) in subpart 6 of Part 6, has the extended meaning given to that term in section 345(2)

proprietor, in sections 298 and 315 and in relation to an access lot, means a registered proprietor of —

o (a) 1 or more undivided shares in the access lot; and

o (b) 1 or more of the allotments served by the access lot

receiver—

o (a) means a receiver, or a manager, or a receiver and manager of any property (with or without power to sell

any of the property in receivership) appointed—

(i) by or under any deed or agreement; or

(ii) by a court in the exercise of a power conferred on the court or in the exercise of its inherent jurisdiction; but

o (b) does not include a mortgagee in possession or the agent of a mortgagee in possession

redeem, in relation to mortgaged property, includes the right to have the property discharged from a mortgage over

the property

restrictive covenant means—

o (a) a covenant, including a covenant expressed or implied in an easement, under which the covenantor

undertakes to refrain from doing something in relation to the covenantor’s land which, if done, would

detrimentally affect the value of the covenantee’s land or the enjoyment of that land by any person occupying

it; or

o (b) a restrictive covenant in gross expressed or implied in an easement

Customs and Excise Act 1996 No 27 (as at 29 November 2010), Public Act

Interpretation

document —

o (a) means a document in any form, whether or not signed or initialled or otherwise authenticated by the

maker; and

o (b) includes—

(i) any form of writing on material:

(ii) information recorded, transmitted, or stored by means of a tape recorder, computer, or other

device, and material subsequently derived from information so recorded, transmitted, or stored:

(iii) a label, marking, or other form of writing that identifies anything of which it forms part or to

which it is attached by any means:

(iv) a book, map, plan, graph, or drawing:

(v) 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 some other equipment) of being reproduced

Administration Act 1969 No 52 (as at 01 July 2009), Public Act

Interpretation

(1) In this Act, unless the context otherwise requires,—

Administration means probate of the will of a deceased person, and includes letters of administration of the estate of adeceased person, granted with or without a will annexed, for general, special, or limited purposes, and in the case of a

trustee corporation includes an order to administer and an election to administer

Administrator means any person to whom administration is granted; and includes a trustee corporation in any case

where it is deemed to be an executor or administrator by reason of having filed an election to administer



















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Estate means real and personal property of every kind, including things in action

provisions.

Intestate includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal

estate

Maori means a Maori within the meaning of Te Ture Whenua Maori Act 1993

Personal chattels, in relation to any person who has died, means all vehicles, boats, and aircraft and their accessories,

garden effects, horses, stable furniture and effects, domestic animals, plate, plated articles, linen, china, glass, books,

pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific

instruments and apparatus, wines, liquors, and consumable stores, which immediately before his death were owned by

him or in which immediately before his death he had an interest as debtor under a security interest as defined in the

Personal Property Securities Act 1999, or as purchaser under a hire purchase agreement; but does not include any

chattels used exclusively or principally at the death of the deceased for business purposes or money or securities for

money

Personal chattels: this definition was amended, as from 1 May 2002, by section 191(1) Personal Property Securities Act

1999 (1999 No 126) by substituting the words “debtor under a security interest as defined in the Personal Property

Securities Act 1999” for the words “grantor under an instrument by way of security”. See also Part 12 of that Act for

transitional provisions.

Real estate means lands, tenements, and hereditaments, corporeal or incorporeal, and whether in possession,

reversion, remainder, or expectancy; and any estate or interest in them or any of them, whether freehold or chattel

interests; and any possibility, right, or title of entry or action in or concerning them or any of them

Registrar means the Registrar of the High Court

Registrar: the reference to the “High Court” was substituted for a reference to the “Supreme Court”, as from 1 April1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Securities includes stocks, funds, shares, and convertible notes

Trustee company means a trustee company within the meaning of the Trustee Companies Act 1967

Trustee corporation means Public Trust or the Maori Trustee or any trustee company

Trustee corporation: this definition was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001

No 100) by substituting the words “Public Trust” for the words “the Public Trustee”. See clause 2 Public Trust Act

Commencement Order 2002 (SR 2002/11).

Will includes a codicil

References to a child or issue living at the death of any person include a child or issue who is conceived but not born at

the death but who is subsequently born alive.

(2) Nothing in this Act shall affect any special provision in any Act for the time being in force relating to the wills of

Maoris or to the obtaining of administration of the estate of a deceased Maori or the distribution of the estate of adeceased Maori.

Compare: 1952 No 56 s 2

Income Tax Act 2007 No 97 (as at 01 November 2010), Public Act

DX 1 Testamentary annuities

When this section applies

(1) This section applies when—

o (a) property is subject to the payment of an annuity—

(i) because of a provision in a will; or

(ii) because of a court order under the Family Protection Act 1955; or

(iii) because of a deed of family arrangement; and

o (b) the property, or property substituted for it, is transferred to a beneficiary; and

o (c) the property transferred, or property that the beneficiary substitutes for it, is charged with the payment of

the annuity or part of the annuity.

Deduction

(2) The owner of the property, or the substituted property, is allowed a deduction for an amount that they pay on

account of the annuity.

Exclusion

(3) The owner is denied a deduction—

o (a) if the owner is not a beneficiary but a person who has bought the property subject to the condition thatthey assume the liability for the annuity, or a part of it:

o (b) to the extent to which the annuity is payable under a court order or under a deed of family arrangement

and represents consideration for the purchase of the property, or the substituted property, by the owner.























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Meaning of beneficiary

(5) In this section, beneficiary—

o (a) means—

(i) a person to whom a testator has left the property in their will; or

(ii) a person to whom the testator has given a right to buy the property in their will; and

o (b) includes a person who is entitled to the property under—

(i) an order of a court under the Family Protection Act 1955; or

(ii) a deed of family arrangement.

Goods and Services Tax Act 1985 No 141 (as at 23 November 2010), Public Act

Interpretation

money includes—

o (a) bank notes and other currency, being any negotiable instruments used or circulated, or intended for use or

circulation, as currency; and

o (b) postal notes and money orders; and

o (c) promissory notes and bills of exchange,—

whether of New Zealand or any other country, but does not include a collector's piece, investment article, or item of

numismatic interest

name, in relation to a registered person, includes—

o (a) the name (if any) specified by the registered person as a trading name in the person's application for

registration under this Act; or

o (b) any trading name subsequently notified to the Commissioner under section 53(2) of this Act as the name

the registered person wishes to use for the purpose of issuing or creating tax invoices and credit or debit notes

under this Act

Trustee includes an executor and administrator; and also includes Public Trust and the Maori Trustee

Goods and Services Tax Act 1985 No 141 (as at 23 November 2010), Public Act

3 Meaning of term financial services

(1) For the purposes of this Act, the term financial services means any one or more of the following activities:

o (a) the exchange of currency (whether effected by the exchange of bank notes or coin, by crediting or debiting

accounts, or otherwise):

o (b) the issue, payment, collection, or transfer of ownership of a cheque or letter of credit:

o (c) the issue, allotment, drawing, acceptance, endorsement, or transfer of ownership of a debt security:

o (d) the issue, allotment, or transfer of ownership of an equity security or a participatory security:

o (e) underwriting or sub-underwriting the issue of an equity security, debt security, or participatory security:

o (f) the provision of credit under a credit contract:

o (g) the renewal or variation of a debt security, equity security, participatory security, or credit contract:

o (h) the provision, taking, variation, or release of a guarantee, indemnity, security, or bond in respect of the

performance of obligations under a cheque, credit contract, equity security, debt security, or participatorysecurity, or in respect of the activities specified in paragraphs (b) to (g) of this subsection:

o (i) the provision, or transfer of ownership, of a life insurance contract or the provision of re-insurance in

respect of any such contract:

o (j) the provision, or transfer of ownership, of an interest in a superannuation scheme, or the management of a

superannuation scheme:

o (k) the provision or assignment of a futures contract through a defined market or at arm's length if —

(i) the contract does not provide for the delivery of a commodity; or

(ii) the contract provides for the delivery of a commodity and the supply of the commodity is an

exempt supply; or

(iii) the contract provides for the delivery of money:

o (kaa) the provision of a financial option:

o (ka) the payment or collection of any amount of interest, principal, dividend, or other amount whatever in

respect of any debt security, equity security, participatory security, credit contract, contract of life insurance,

superannuation scheme, or futures contract:

o (l) agreeing to do, or arranging, any of the activities specified in paragraphs (a) to (ka) of this subsection, other

than advising thereon:

o (m) the investment in an entity, if —



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(i) the investment is in an equity security equal to or greater than 10% of all equity securities issued

by the entity or in a participatory security equal to or greater than 10% of all participatory securities

issued by the entity; and

(ii) the investment allows the investor, or a person acting on behalf of the investor, to influence the

management of the business of the entity:

o (n) the evaluation by an investor of an investment referred to in paragraph (m) in an entity and the planning or

acting by the investor to influence the management of an entity for the principal purpose of preserving or

increasing the value of such an investment.

(2) For the purposes of this section—

cheque means a cheque as defined in the Bills of Exchange Act 1908, an instrument specified in section 5(2) of the

Cheques Act 1960, a postal note, a money order, a traveller's cheque, or any order or authorisation (whether in writing,

by electronic means, or otherwise) to a financial institution to credit or debit any account

credit contract means a credit contract as defined in section 3 of the Credit Contracts Act 1981 immediately before the

repeal of that Act

currency means any banknote or other currency of any country, other than when used as a collector's piece,

investment article, item of numismatic interest, or otherwise than as a medium of exchange

debt security means any interest in or right to be paid money that is, or is to be, owing by any person; but does not

include a cheque

equity security means any interest in or right to a share in the capital of a body corporate

general accounting and record package services, in relation to financial services, includes—

o (a) the provision of any financial clearing system which may form part of a settlement process; and

o (b) the posting of transactions to customers' accounts; ando (c) the maintenance of those customers' accounts; and

o (d) the provision of any ancillary services (such as network management, software support and development)

supplied in relation to the services referred to in any of paragraphs (a), (b), and (c) of this definition,—

but does not include the services referred to in paragraphs (a) to (d) of this definition where those services are supplied

by a supplier of a financial service and are reasonably incidental and necessary to the supply of that financial service by

that supplier of the financial service

life insurance contract means a contract lawfully entered into to the extent that it places a sum or sums at risk upon

the contingency of the termination or continuance of human life, marriage, civil union or de facto relationship, or the

birth of a child, but not to the extent that it provides for entitlements under Schedule 1, Part 5 of the Accident

Insurance Act 1998 (which relates to entitlements arising from fatal injuries)

participatory security means any interest or right to participate in any capital, assets, earnings, or other property of any

person where that interest or right forms part of a contributory scheme (as defined in section 2 of the Securities Act1978); and includes an interest in a unit trust within the meaning of the Unit Trusts Act 1960; but does not include an

equity security, a debt security, money, or a cheque

superannuation scheme means a superannuation scheme as defined in the Superannuation Schemes Act 1989.

(3) Notwithstanding subsection (2) of this section, the terms debt security, equity security, and participatory security

do not include any of the following:

o (a) a life insurance contract or any other contract of insurance:

o (b) [Repealed]

o (c) a share in the share capital of a flat-owning or office-owning company (as defined in section 121A of the

Land Transfer Act 1952):

o (d) an interest in a superannuation scheme.

(3B) Despite subsection (2), a person who is a party to an arrangement that is a credit contract but is not a credit

contract under section 7 of the Credit Contracts and Consumer Finance Act 2003 may elect that the arrangement betreated under this section as not being a credit contract in relation to the person.

(3C) Despite subsection (2), a person who is a party to an arrangement that is not a credit contract but is a credit

contract under section 7 of the Credit Contracts and Consumer Finance Act 2003 may elect that the arrangement be

treated under this section as being a credit contract in relation to the person.

(4) Despite this section, financial services does not include—

o (a) the assignment or other transfer of a right to receive payment in relation to a taxable supply if, as a result

of the assignment or transfer, output tax for the supply would not be or become attributable to a taxable

period for the purpose of section 20(4):

o (b) debt collection services provided by a person other than the creditor whose debt is being collected.

(5) Notwithstanding anything in this section, where any person supplies goods and services (being the supply of general

accounting and record package services) to any person who is a supplier of financial services, or to a customer of the

person who is a supplier of financial services, that supply shall, for the purposes of this Act, be deemed not to be a

supply of financial services

Cheques Act 1960 No 17 (as at 03 September 2007), Public Act

5 Protection of bankers collecting payment of cheques



















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(1) Where a banker in good faith and without negligence—

o (a) Receives payment for a customer of an instrument to which this section applies; or

o (b) Having credited a customer's account with the amount of any such instrument receives payment thereof

for himself —

and the customer has no title, or a defective title, to the instrument, the banker shall not incur any liability to the true

owner of the instrument by reason only of having received payment thereof.

(2) This section applies to the following instruments, namely:

o (a) Cheques:

o (b) Any document issued by a customer of a banker which, though not a bill of exchange, is intended to enable

a person to obtain payment from that banker of the sum mentioned in the document:

o (c) Any document, not being a bill of exchange, issued by an official in the service of Her Majesty which is

intended to enable a person to obtain payment from the Public Account or any other Government account

under the Public Finance Act 1977 of the sum mentioned in the document:

o (d) Any document, not being a bill of exchange, issued by any person or authority which is intended to enable a

person to obtain payment from any such account as may from time to time be specified in that behalf by the

Governor-General by Order in Council of the sum mentioned in the document:

o (e) Any draft payable on demand drawn by a banker upon himself, whether payable at the head office or some

other office of his bank.

(3) A banker shall not be treated for the purposes of this section as having been negligent by reason only of his failure

to concern himself with the absence of, or irregularity in, indorsement of an instrument.

In subsection (2)(c) the words “the Public Finance Act 1977” were substituted for the words “Part 111, Part 4, or Part 6

of the Public Revenues Act 1953” by section 160(1) Public Finance Act 1977.

Personal Property Securities Act 1999 No 126 (as at 01 November 2010), Public Act

Interpretation


account receivable means a monetary obligation that is not evidenced by chattel paper, an investment security, or by a

negotiable instrument, whether or not that obligation has been earned by performance

advance—

o (a) means the payment of money, the provision of credit, or the giving of value; and

o (b) includes any liability of the debtor to pay interest, credit costs, and other charges or costs payable by thedebtor in connection with an advance or the enforcement of a security interest securing the advance

chattel paper means 1 or more writings that evidence both a monetary obligation and a security interest in, or lease of,

specific goods or specific goods and accessions

commercial consignment—

o (a) means a consignment where—

(i) a consignor has reserved an interest in the goods that the consignor has delivered to the consignee

for the purpose of sale, lease, or other disposition; and

(ii) both the consignor and the consignee deal in the ordinary course of business in goods of that

description; but

o (b) does not include an agreement under which goods are delivered to an auctioneer for the purpose of sale

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

debtor— o (a) means—

(i) a person who owes payment or performance of an obligation secured, whether or not that person

owns or has other rights in the collateral; or

(ii) a person who receives goods from another person under a commercial consignment; or

(iii) a lessee under a lease for a term of more than 1 year; or

(iv) a transferor of an account receivable or chattel paper; or

(v) a transferee of or successor to the interest of a person referred to in subparagraphs (i) to (iv); or

(vi) if the person referred to in subparagraph (i) and the person who owns or has other rights in the

collateral are not the same person, includes—

(A) the person who owns or has other rights in the collateral, where the term debtor is used

in a provision of this Act dealing with the collateral; or

(B) the obligor, where the term debtor is used in a provision of this Act dealing with theobligation; or

(C) both the person who owns or has other rights in the collateral and the obligor (if the

context so requires); and

o (b) includes a trustee for any of the persons referred to in paragraph (a)

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document means a document in any form; and includes—

o (a) any writing on any material; and

o (b) information recorded or stored on, and capable of transmission to or from, a computer or other device;

and material subsequently derived from information so recorded, stored, or transmitted; and

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

o (d) a photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to

be capable of being reproduced by any means

document of title means a writing issued by or addressed to a bailee—

o (a) that covers goods in the bailee's possession that are identified or are fungible portions of an identified

mass; and

o (b) in which it is stated that the goods identified in it will be delivered to a named person, or to the transferee

of that person, or to bearer, or to the order of a named person

future advance—

o (a) means the payment of money, the provision of credit, or the giving of value secured by a security interest,

occurring after the security agreement has been signed, or assented to by letter, telegram, cable, telex

message, facsimile, electronic mail, or other similar means of communication, whether or not provided or

given under an obligation; and

o (b) includes advances, reasonable costs incurred, and expenditures made for the protection, maintenance,

preservation, or repair of the collateral, or for the enforcement of the security interest

.

investment security— o (a) means—

(i) a writing (whether or not in the form of a security certificate) that is recognised in the place in

which it is issued or dealt with as evidencing a futures contract, or a warrant or option or share, right

to participate, or other interest in property or an enterprise, or that evidences an obligation of the

issuer, and that, in the ordinary course of business, is transferred or withdrawn by—

(A) delivery with any necessary endorsement, assignment, or registration in the records of

the issuer or agent of the issuer, or by compliance with restrictions on transfer or

withdrawal; or

(B) an entry in the records of a clearing house or securities depository; or

(C) an entry in the records maintained for that purpose by or on behalf of the issuer; or

(D) an entry in the records maintained for that purpose by or on behalf of the nominee:

(ii) an emissions unit; but

o (b) does not include a writing that evidences a monetary obligation that is secured by an interest in land

land includes all estates and interests, whether freehold or chattel, in real property

money means currency authorised as a medium of exchange by the law of New Zealand or of any other country

negotiable instrument—

o (a) means—

(i) a bill of exchange or promissory note within the meaning of the Bills of Exchange Act 1908; or

(ii) any other writing that evidences a right to payment of money and is of a kind that, in the ordinary

course of business, is transferred by delivery with any necessary endorsement or assignment; or

(iii) a letter of credit, if the letter of credit states on it that it must be presented on claiming payment;

but

o (b) does not include chattel paper, a document of title, or an investment security

personal property includes chattel paper, documents of title, goods, intangibles, investment securities, money, and

negotiable instruments

purchase means taking by sale, lease, discount, assignment, negotiation, mortgage, pledge, lien, issue, reissue, gift, or

any other consensual transaction that creates an interest in personal property

purchase money security interest—

o (a) means—

(i) a security interest taken in collateral by a seller to the extent that it secures the obligation to pay all

or part of the collateral's purchase price; or

(ii) a security interest taken in collateral by a person who gives value for the purpose of enabling the

debtor to acquire rights in the collateral, to the extent that the value is applied to acquire those

rights; or

(iii) the interest of a lessor of goods under a lease for a term of more than 1 year; or

(iv) the interest of a consignor who delivers goods to a consignee under a commercial consignment;

buto (b) does not include a transaction of sale and lease back to the seller

secured party—

o (a) means a person who holds a security interest for the person's own benefit or for the benefit of another

person; and



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o (b) includes a trustee where the holders of the obligations issued, guaranteed, or provided for under a security

agreement are represented by a trustee as the holder of the security interest

security agreement—

o (a) means an agreement that creates or provides for a security interest; and

o (b) includes a writing that evidences a security agreement (if the context permits)

security trust deed means a deed or other document by the terms of which a person issues or guarantees or provides

for the issue or guarantee of debt obligations secured by a security interest, and in which another person is appointed

as trustee for the holders of the debt obligations

verification statement has the meaning set out in section 135

writing includes—

o (a) the recording of words in a permanent and legible form; and

o (b) the recording of words by electronic means that can be retrieved and read; and

o (c) the display of words by any form of electronic or other means of communication that is subsequently

recorded by electronic means that can, by any means, be retrieved and read.

(2) For the purposes of this Act, fungible goods and fungible securities are goods or securities of which any unit is by

nature or usage of trade, the equivalent of any other like unit, and includes unlike units to the extent that they are

treated as equivalents under a security agreement.

(3) For the purposes of this Act, the determination of whether goods are consumer goods, equipment, or inventory is to

be made at the time when the security interest in the goods attached, unless otherwise provided in this Act.

Land Transfer Act 1952 No 52 (as at 01 August 2008), Public Act

Interpretation

In this Act, and in all instruments purporting to be made and executed under this Act, unless the context otherwise

requires,—

Bankruptcy means the vesting in any person or persons of any estate or interest of a debtor for the benefit of creditors

generally, by deed of arrangement or otherwise, under authority of any Court of competent jurisdiction

Crown grant means the grant of any land by the Crown, and includes certificates of title issued in lieu of grant

Endorsement, in addition to its ordinary meaning, includes anything written upon or at the foot of any document for

giving effect to any of the purposes of this Act and any similar addition to an instrument in a medium other than paper:

Endorsement: this definition was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation)

Amendment Act 1998 (1998 No 123) by inserting the words “and any similar addition to an instrument in a mediumother than paper:”.

Estate or interest means every estate in land, also any mortgage or charge on land under this Act

instrument—

o (a) means any printed or written document, map, or plan relating to the transfer of or other dealing with land,

or evidencing title to land; and

o (b) includes a memorandum within the meaning of section 155A(1) and an electronic instrument

Instrument: the original definition was amended, as from 6 November 1986, by section 3(2) Land Transfer Amendment

Act 1986 (1986 No 94) by inserting the words “; and includes a memorandum within the meaning of section 155A(1) of

this Act”.

Instrument: this definition was substituted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers

and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

Land includes messuages, tenements, and hereditaments, corporeal and incorporeal, of every kind and description, andevery estate or interest therein, together with all paths, passages, ways, waters, watercourses, liberties, easements,

and privileges thereunto appertaining, plantations, gardens, mines, minerals, and quarries, and all trees and timber

thereon or thereunder lying or being, unless specially excepted

Mortgage means any charge on land created under the provisions of this Act for securing—

o (a) The repayment of a loan or satisfaction of an existing debt:

o (b) The repayment of future advances, or payment or satisfaction of any future or unascertained debt or

liability, contingent or otherwise:

o (c) The payment to the holders for the time being of any bonds, debentures, promissory notes, or other

securities, negotiable or otherwise, made or issued by the mortgagor before or after the creation of that

charge:

o (d) The payment to any person or persons by yearly or periodical payments or otherwise of any annuity,

rentcharge, or sum of money other than a debt:Mortgagee means the proprietor of a mortgage

Mortgagor means the proprietor of any estate or interest charged with a mortgage

paper instrument means an instrument that is not an electronic instrument

paper instrument: this definition was inserted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers

and Electronic Lodgement) Amendment Act 2002 (2002 No 11).









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Proprietor means any person seised or possessed of any estate or interest in land, at law or in equity, in possession or

expectancy

Transmission means the acquirement of title to an estate or interest by operation of law.

Bills of Exchange Act 1908 No 15 (as at 03 September 2007), Public Act

Interpretation

In this Act, if not inconsistent with the context,—

Acceptance means an acceptance completed by delivery or noticeAction includes counterclaim and set-off

Banker includes a body of persons, whether incorporated or not, who carry on the business of banking

Bankrupt includes any person whose estate is vested in a trustee or assignee under the law for the time being in force

relating to bankruptcy

Bearer means the person in possession of a bill or note payable to bearer

Bill means bill of exchange, and note means promissory note

Business day means any day that is not a non-business day

“Business day”: this definition was inserted, as from 1 January 1980, by section 2 Bills of Exchange Amendment Act

1979 (1979 No 3).

Delivery means transfer of possession, actual or constructive, from one person to another

Holder means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof

Indorsement means an indorsement completed by deliveryIssue means the first delivery of a bill or note, complete in form, to a person who takes it as a holder

Value means valuable consideration.


Inchoate instruments

(1) Where a simple signature on a blank stamped paper is delivered by the signer in order that it may be converted into

a bill, it operates as a prima facie authority to fill it up as a complete bill for any amount the stamp will cover, using the

signature for that of the drawer, or the acceptor, or an indorser; and in like manner, where a bill is wanting in any

material particular, the person in possession of it has a prima facie authority to fill up the omission in any way he thinks

fit.

(2) In order that any such instrument when completed may be enforceable against any person who became a party

thereto prior to its completion, it must be filled up within a reasonable time, and strictly in accordance with the

authority given. Reasonable time for this purpose is a question of fact:

Provided that if any such instrument after completion is negotiated to a holder in due course, it shall be valid and

effectual for all purposes in his hands, and he may enforce it as if it had been filled up within a reasonable time and

strictly in accordance with the authority given.


Schedule 2

Protest where the services of a notary cannot be obtained

Securities Act 1978 No 103 (as at 16 August 2010), Public Act



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Interpretation


allot includes sell, issue, assign, and convey; and allotment has a corresponding meaning

The Crown includes a Government department

debt security means any interest in or right to be paid money that is, or is to be, deposited with, lent to, or otherwise

owing by, any person (whether or not the interest or right is secured by a charge over any property); and includes—

o (a) a debenture, debenture stock, bond, note, certificate of deposit, and convertible note; and

o (b) an interest or right that is declared by regulations to be a debt security for the purposes of this Act; and

o (c) a renewal or variation of the terms or conditions of any such interest or right or of a security referred to in

paragraph (a) or paragraph (b) of this definition;—

but does not include—

o (d) an interest in a contributory mortgage where the interest is offered by a contributory mortgage broker; or

o (e) any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this definition that is

declared by regulations not to be a debt security for the purposes of this Act:

equity security means any interest in or right to a share in, or in the share capital of, a company; and includes—

o (a) a preference share, and company stock; and

o (b) a security that is declared by regulations to be an equity security for the purposes of this Act; and

o (c) a renewal or variation of the terms or conditions of any such interest or right or a security referred to in

paragraph (a) or paragraph (b) of this definition;—

but does not include any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this

definition that is declared by regulations not to be an equity security for the purposes of this Act

Government department includes— o (a) the Maori Trustee; and

o (b) Public Trust, but in relation only to money constituted in the common fund of Public Trust that is entitled to

the protection against deficiency afforded by section 52 of the Public Trust Act 2001.

of the Local Government Act 2002

participatory security means any security other than—

o (a) an equity security; or

o (b) a debt security; or

o (c) a unit in a unit trust; or

o (d) an interest in a superannuation scheme; or

o (e) a life insurance policy:

participatory security trustee means a person appointed as a trustee in respect of participatory securities

person includes a corporation sole, a company or other body corporate (whether incorporated in New Zealand orelsewhere), an unincorporated body of persons, a public body, and a Government department

security holder, in relation to a security offered to the public, means—

o (a) in the case of a bearer security or a security to which section 51 of this Act does not apply, the holder of

that security; or

o (b) in the case of any other security, the person who is registered as the holder of the security in a register kept

pursuant to section 51 of this Act:

trustee means a person appointed as a trustee in respect of debt securities for the purposes of, and in accordance with,

this Act

trustee corporation means Public Trust or the Maori Trustee or any corporation authorised by any Act of the

Parliament of New Zealand to administer the estates of deceased persons and other trust estates.

writing includes—

o (a) the recording of words in a permanent and legible form; ando (b) the display of words by any form of electronic or other means of communication in a manner that enables

the words to be readily stored in a permanent form and, with or without the aid of any equipment, to be

retrieved and read;—

and written has a corresponding meaning.

Social Security Act 1964 No 136 (as at 29 November 2010), Public Act

Interpretation


applicant, in relation to any benefit, means a person by whom or on whose behalf an application is made for the

benefit; and, where the context so requires, includes a beneficiaryapplication means an application for a benefit

beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part

of a benefit has been granted







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contract of insurance includes a contract or an arrangement that, in the opinion of the chief executive, is similar to or

analogous with a contract of insurance

debt insurance payment, in relation to a person, means a payment made, or the value of any credit provided, on the

occurrence of a contingency—

o (a) under a contract of insurance or by reason of the person's membership of any society, organisation, or

body whether corporate or unincorporate; and

o (b) to the person or to some other person on behalf of or for the benefit of the person; and

o (c) for the sole purpose of, and used for, repaying or paying any amounts on account of any existing debt of

the person

document means a document in any form; and includes—

o (a) any writing on any material:

o (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any

material subsequently derived from information so recorded or stored:

o (c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which

it is attached by any means:

o (d) any book, map, plan, graph, or drawing:

o (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so

as to be capable (with or without the aid of some other equipment) of being reproduced

existing debt, in relation to a person, means a debt or liability of the person in existence on the date on which a

contingency occurs that gives rise to a right or eligibility of the person to receive a payment under a contract of

insurance or by reason of the person's membership of any society, organisation, or body whether corporate or

unincorporate whether or not the debt or liability is due for payment on that date; but does not include a liability inconnection with the future supply of goods or services or transport or accommodation to the person or a member of

his or her family

(A) to repay or pay any amounts on account of existing debt of the applicant; or

(B) to pay any essential costs arising as a consequence of the applicant's health or disability

(being costs arising from the contingency in respect of which the payment was made) to the

extent that assistance towards those costs is not available under this Act or any other Act:

(xvi) any income-related rent within the meaning of section 42(1) of the Housing Restructuring and

Tenancy Matters Act 1992 :

(xvii) any specified item or amount of income, or income from a specified source, that is declared not

to be income for the purposes of this Act by regulations made under section 132

(xviii) any tax credit or amount received under subparts MA to MF and MZ of the Income Tax Act 2007

or subpart KD of the Income Tax Act 2004 or subpart KD of the Income Tax Act 1994 or under Part11A of the Income Tax Act 1976

income-related insurance payment, in relation to a person, means a payment, or the value of any credit or service,

that, in the opinion of the chief executive, having regard to the matters specified in subsection (4), is—

o (a) made or provided on the occurrence of a contingency under a contract of insurance or by reason of the

person's membership of any society, organisation, or body whether corporate or unincorporate; and

o (b) made or provided to the person or to some other person on behalf of or for the benefit of the person or a

member of his or her family; and

o (c) made or provided or used for an income-related purpose:

Securities Act (World Bank) Exemption Notice 2007 (SR 2007/392)

Interpretation

bonds means debt securities issued under the World Bank's global debt issuance facility or under any successor to that

facility

offer documents means the World Bank's deed poll and most recent prospectus, pricing supplement, and information

statement

World Bank means the International Bank for Reconstruction and Development of which the New Zealand Government

is a member under the International Finance Agreements Act 1961.

Illegal Contracts Act 1970 No 129 (as at 03 December 2007), Public Act

6 Illegal contracts to be of no effect

(1) Notwithstanding any rule of law or equity to the contrary, but subject to the provisions of this Act and of any otherenactment, every illegal contract shall be of no effect and no person shall become entitled to any property under a

disposition made by or pursuant to any such contract:

Provided that nothing in this section shall invalidate—

o (a) Any disposition of property by a party to an illegal contract for valuable consideration; or







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o (b) Any disposition of property made by or through a person who became entitled to the property under a

disposition to which paragraph (a) of this proviso applies—

if the person to whom the disposition was made was not a party to the illegal contract and had not at the time of the

disposition notice that the property was the subject of, or the whole or part of the consideration for, an illegal contract

and otherwise acts in good faith.

(2) In this section, disposition means—

o (a) any conveyance, transfer, assignment, settlement, delivery, payment, or other alienation of property,

whether at law or in equity:

o (b) the creation of a trust:

o (c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, or other right, estate, or

interest in or over any property, whether at law or in equity:

o (d) the release, discharge, surrender, forfeiture, or abandonment, at law or in equity, of any debt, contract, or

thing in action, or of any right, power, estate, or interest in or over any property; and for this purpose a debt,

or any other right, estate, or interest, shall be deemed to have been released or surrendered when it has

become irrecoverable or unenforceable by action through the lapse of time:

o (e) the exercise of a general power of appointment in favour of any person other than the donee of the power:

o (f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value

of that person's own estate and to increase the value of the estate of any other person.

Section 6(2): substituted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).





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