Section 2 — Family Proceedings Act 1980: Interpretation

2 Interpretation In this Act, unless the context otherwise requires,— Affiliation order includes an order declaring a person to be a parent of a child (however the order is described, and whether or not it also provides for the maintenance of the child) Approved marriage or civil union guidance organisation or counselling organisation means an organisation approved under section 5 of this Act by the Minister of the Crown who is responsible for the Department for Courts Approved marriage guidance organisation or counselling organisation: this definition was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “ Minister of the Crown who is responsible for the Department for Courts ” for the words “ Minister of Justice ” . Approved marriage guidance organisation or counselling organisation: this definition was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Attachment order means an attachment order made under section 105 of this Act Blood tests [Repealed] Blood tests: this definition was repealed, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). blood sample means any of the following, taken in accordance with normal medical procedures (a) a fingerprick sample (that is, a sample of capillary blood taken from the tip of a finger or thumb); or (b) a venous sample (that is, a sample of venous blood); or (c) any other sample of blood blood sample: this definition was inserted, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). buccal sample means a sample of epithelial cells from inside the mouth taken by a device, or provided by other means buccal sample: this definition was inserted, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). Certified copy , in relation to an order of a Court, means a copy of the order certified by the proper officer of the Court to be a true copy Charging order means a charging order made under section 118 of this Act child of the civil union means, in relation to a civil union (including a void civil union), a child of both civil union partners, and includes, in relation to any proceedings under this Act, a child (whether or not a child of the partners) who was a member of the family of the partners to the civil union or void civil union at the time the partners ceased to live together or at the time immediately preceding the institution of proceedings, whichever first occurred child of the civil union: this definition was inserted, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102). child of the de facto relationship means a child of both de facto partners, and includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of proceedings, whichever first occurred child of the de facto relationship: this definition was inserted, as from 1 July 2005, by section 149 Care of Children Act 2004 (2004 No 90). Child of the marriage — (a) In relation to a marriage (other than a void marriage)— (i) Means a child of the husband and wife; and (ii) Includes, in relation to any proceedings under this Act, a child (whether or not a child of the husband or wife) who was a member of the family of the husband and wife at the time when the husband and wife ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and (b) In relation to a void marriage— (i) Means a child of the parties to the void marriage; and (ii) Includes, in relation to any proceedings under this Act, a child (whether or not a child of either party to the void marriage) who was a member of the family of the parties to the void marriage at the time when those parties ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred: Commonwealth country includes— (a) The Republic of Ireland; and (b) A territory for whose international relations the Government of a country that is a member of the Commonwealth is responsible; and (c) The Cook Islands; and (d) Niue; and (e) Tokelau: Convention country — (a) Means a country that is a party to the United Nations Convention for the Recovery of Maintenance Abroad done at New York on 20 June 1956; but (b) Does not include Australia: Convention country: this definition was substituted, as from 1 July 2000, by section 37 Child Support Amendment Act 1999 (1999 No 81). See clause 10 Child Support (Reciprocal Agreement with Australia) Order 2000 (SR 2000/85). Counsellor means— (a) A person— (i) Nominated by an approved marriage or civil union guidance organisation or counselling organisation; or (ii) Nominated by a Court from a list of counsellors prepared by an officer of the Court appointed under section 8(2) of the Family Courts Act 1980 ,—

to act as a counsellor under this Act; or (b) A counsellor or counselling supervisor appointed pursuant to the Family Courts Act 1980 : Counsellor: paragraph (a)(i) of this definition was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Counsellor: paragraph (a)(ii) of this definition was substituted, as from 1 July 1994, by section 2 Family Proceedings Amendment Act 1994 (1994 No 32). Country includes any State, territory, province, or other part of a country Court , in Part 8 of this Act, includes any body or person exercising judicial functions, outside New Zealand, in relation to maintenance orders Deduction notice means a deduction notice issued under section 110 of this Act Designated country means a country specified as a designated country by a notice given under section 135 of this Act DNA profile , in relation to a person ( person A ), means information derived from an analysis of a sample of genetic material obtained from person A, being information— (a) that is clearly identifiable as relating to person A; and (b) that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material obtained from another person ( person B ) for the purpose of determining, with reasonable certainty, whether or not the relationship of natural parent and child exists between person A and person B DNA profile: this definition was inserted, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). Domestic benefit — (a) Means— (i) A benefit granted under section 27B or section 27C of the Social Security Act 1964 ; or (ii) A benefit which is granted under section 61 of the Social Security Act 1964 and which corresponds to a benefit granted under section 27B or section 27C of that Act; and (b) Includes a benefit described in paragraph (a)(i) or (ii) of this definition as increased by a child supplement under section 61A of the Social Security Act 1964 : Employer , for the purposes of sections 105 to 117 of this Act, in relation to a respondent, includes— (a) A person by whom a retiring allowance or pension or other payment of a like nature is payable to the respondent: (b) the Accident Compensation Corporation in relation to weekly compensation payable to the respondent under the Injury Prevention, Rehabilitation, and Compensation Act 2001 Employer: this definition was substituted, as from 6 November 1986, by section 2(1) Family Proceedings Amendment Act 1986 (1986 No 88). Employer: this definition was amended, as from 1 July 1992, by section 161 Accident Rehabilitation and Compensation Insurance Act 1992 (1992 No 13) by substituting the reference to the “ Accident Rehabilitation and Compensation Insurance Corporation ” for a reference to the “ Accident Compensation Corporation ” . Employer: paragraph (b) of this definition was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114). Employer: paragraph (b) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49). See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation. Family chattels has the meaning given to it by section 2 of the Property (Relationships) Act 1976 Family Chattels: this definition was substituted, as from 1 February 2002, by section 3 Family Proceedings Amendment Act 2001 (2001 No 7). Family Court means the division of a District Court known, in accordance with section 4 of the Family Courts Act 1980 , as a Family Court Family Court Judge means a Family Court Judge appointed under section 5 of the Family Courts Act 1980 ; and includes the Principal Family Court Judge Family home has the meaning given to it by section 2 of the Property (Relationships) Act 1976 Family home: this definition was inserted, as from 1 February 2002, by section 3 Family Proceedings Amendment Act 2001 (2001 No 7). Interim order , in relation to maintenance, means an order made under section 82 of this Act Maintenance means the provision of money, property, and services; and includes— (a) In respect of a child, provision for the child's education and training to the extent of the child's ability and talents; and (b) In respect of a deceased person, the cost of the deceased person's funeral: Maintenance agreement means— (a) A written agreement made between spouses or civil union partners, and providing for the payment by either party of a periodical sum of money or lump sum of money or both towards the maintenance of the other party; or (b) A written agreement made between the parties to a marriage or civil union that has been dissolved, and providing for the payment by either party of a periodical sum of money or lump sum of money or both towards the maintenance of the other party; or (c) [Repealed] (d) A written agreement made between any persons who acknowledge themselves to be the parents of a child; and providing for the payment by either parent of a periodical sum of money or lump sum of money or both towards the maintenance of the other parent, where the parties— (i) Are not married to, or in a civil union with, each other; and (ii) Have never been married to, or in a civil union with, each other or (if they have been married to, or in a civil union with, each other) have had their marriage or civil union dissolved before the conception of the child— (e) [Repealed] whether or not the document in which an agreement to which paragraph (a) or paragraph (b) or paragraph (d) of this definition applies is embodied provides also for the separation of the parties to a marriage or civil union or for the role of providing day-to-day care for a child Maintenance agreement: this definition was amended, as from 1 July 1992, by section 2(2) Family Proceedings Amendment Act 1991 (1991 No 144) by substituting the words “ or paragraph (d) ” for the words “ or paragraph (c) or paragraph (d) or paragraph (e) ” . See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Maintenance agreement: this definition was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears. Maintenance agreement: this definition was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “ the role of providing day-to-day care for a child ” for the words “ the custody of a child ” . Maintenance agreement: paragraph (a) of this definition was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouses or civil union partners ” for the words “ a husband and wife ” . Maintenance agreement: paragraph (c) of this definition were repealed, as from 1 July 1992, by section 2(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Maintenance agreement: paragraph (d) of this definition was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or in a civil union with, ” after the words “ married to ” in each place where they appear. Maintenance agreement: paragraph (e) of this definition were repealed, as from 1 July 1992, by section 2(1) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Maintenance order — (a) Means an order or interim order made under Part 6 of this Act for the payment of maintenance; and includes— (i) [Repealed] (ii) In Part 8 of this Act, a subsisting order (including an order in or consequent on an affiliation order) for the payment by any person of a periodical sum of money towards the maintenance of a person whom the first-mentioned person is, according to the law in force in the place where the order is made, liable to maintain; and (iii) In Part 8 of this Act, a subsisting order of the kind described in section 78(1)(b) or (2) of this Act; and (b) Where an order within the meaning of paragraph (a) of this definition has been varied, means the order as varied and all orders by which it has been varied: Maintenance order: paragraph (a)(i) of this definition was repealed, as from 1 July 1992, by section 2(3) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Marriage includes a union in the nature of marriage that— (a) Is entered into outside New Zealand; and (b) Is at any time polygamous,— where the law of the country in which each of the parties is domiciled at the time of the union then permits polygamy Matrimonial home [Repealed] Matrimonial home: this definition was repealed, as from 1 February 2002, by section 3 Family Proceedings Amendment Act 2001 (2001 No 7). Mediation conference means a conference held under section 13 of this Act parentage tests means tests carried out on blood samples or buccal samples to help to determine the parentage of a child parentage tests: this definition was inserted, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). Paternity order means an order made under section 51 of this Act Proceedings means proceedings before a Court Property includes real and personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest Registered maintenance agreement [Repealed] Registered maintenance agreement: this definition was repealed, as from 1 July 1992, by section 2(4) Family Proceedings Amendment Act 1991 (1991 No 144). See section 259 Child Support Act 1991 (1991 No 142) as to savings in respect of outstanding maintenance liabilities. Report on blood tests [Repealed] Report on blood tests: this definition was repealed, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). report on parentage tests means a report compiled under section 54 report on parentage tests: this definition was inserted, as from 1 July 2005, by section 150 Care of Children Act 2004 (2004 No 90). Responsible authority , in relation to a country other than New Zealand, means the appropriate authority in that country for the discharge of the functions contemplated by Part 8 of this Act in relation to that authority Salary or wages , for the purposes of sections 105 to 117 of this Act, includes— (a) A retiring allowance or pension or other payment of a like nature: (b) Weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 . Salary or Wages: this definition was substituted, as from 6 November 1986, by section 2(2) Family Proceedings Amendment Act 1986 (1986 No 88), and amended by substituting the reference to the Accident Compensation Act 1982. Salary or wages: paragraph (b) of this definition was substituted, as from 1 July 1999, by section 415(1) Accident Insurance Act 1998 (1998 No 114). Salary or wages: paragraph (b) was amended, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49) by substituting the words “ the Injury Prevention, Rehabilitation, and Compensation Act 2001 ” for “ the Accident Insurance Act 1998 ” . See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation. Secretary means the chief executive of the Department for Courts Secretary: this definition inserted, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39). Separation order means a separation order made under Part 3 of this Act Social Worker means— (a) A Social Worker employed as such under Part 5 of the State Sector Act 1988 in the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 ; or (b) A Community Officer appointed under section 4 of the Maori Community Development Act 1962 ; or (c) An honorary Community Officer appointed under section 5 of the Maori Community Development Act 1962 . Social Worker: paragraph (a) of this definition was substituted, as from 1 April 1990, by section 36(3) Social Welfare (Transitional Provisions) 1990 (1990 No 26). Social worker: paragraph (a) of this definition was amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting the words “ department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 ” for the words “ Department of Social Welfare ” . Compare: 1963 No 71 s 2; 1968 No 62 ss 2, 3, 54, 61, 80, 94; 1971 No 59 s 9(1)