You are on page 1of 6

Disposition by Will and Testament Perpetuities Act 1964 No 47 (as at 01 April 2008), Public Act Interpretation (1) In this

s Act, unless the context otherwise requires, disposition includes the conferring or exercise of a power of appointment or any other power or authority to dispose of an interest in or right over property, and any other disposition of an interest in or right over property; and references to the interest disposed of shall be construed accordingly in being means living or en ventre sa mere instrument includes a will, and also includes an instrument, testamentary or otherwise, exercising a power of appointment, whether general or special; but does not include an Act of Parliament issue, in relation to any person, means the children and other descendants of that person; and includes any person who bears any such relationship illegitimately power of appointment includes any discretionary power to transfer or grant or create a beneficial interest in property without valuable consideration property includes any interest in real or personal property and any thing in action will includes a codicil. (2) For the purposes of this Act a disposition contained in a will shall be deemed to be made at the death of the testator. (3) For the purposes of this Act a person shall be treated as a member of a class if in his case all the conditions identifying a member of the class are satisfied, and shall be treated as a potential member if in his case only one or some of those conditions are satisfied but there is a possibility that the remainder will in time be satisfied.
Compare: Law Reform (Property, Perpetuities and Succession Act 1962 s 4 (WA); Perpetuities and Accumulations Act 1964 s 15(2), (3) (UK)

Wills Act 1837 (UK) No 26 (as at 03 September 2007), Imperial Act 1 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; and Every 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. Administration Act 1969 No 52 (as at 01 July 2009), Public Act 80 Construction of documents (1) References to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, on or after the commencement of this Act, shall be construed as references to the provisions of this Part of this Act as they stand when the instrument is made or the will comes into operation; and references in such an instrument or will to statutory next of kin shall be construed, unless the context otherwise requires, as referring to the persons who would take beneficially on an intestacy under the foregoing provisions of this Part of this Act as they stand when the instrument is made or the will comes into operation. (2) Trusts declared in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Act and on or after the 1st day of January 1945 (being the date of the commencement of the Administration Amendment Act 1944), by reference to the Statutes of Distribution, or to the statutes relating to the distribution of intestates' estates, shall, unless the contrary thereby appears, be construed as referring to the enactments relating to the distribution of estates of intestates which were in force when the instrument was made or the will came into operation. (3) Trusts declared in an instrument inter vivos made, or in a will coming into operation, before the 1st day of January 1945, by reference to the Statutes of Distribution, or to the statutes relating to the distribution of intestates' estates, shall, unless the contrary thereby appears, be construed as referring to the enactments relating to the distribution of estates of intestates which were in force immediately before the 1st day of January 1945.
Compare: 1952 No 56 s 60 Subsection (1) was amended, as from 1 January 1980, by section 9(2)(a) and (b) Administration Amendment Act 1979 (1979 No 38) by substituting the words to the provisions of this Part of this Act as they stand when the instrument is made or the will comes into operation for the words to this Part of this Act, and by inserting the words as they stand when the instrument is made or the will comes into operation.

Wills Act Amendment Act 1852 (UK) No 24, Imperial Act 1 Position of testator's signature Where by the Wills Act 1837 it is enacted, that no will shall be valid unless it shall be signed at the foot or end thereof by the testator, or by some other person in his presence, and by his direction: Every will shall, so far only as regards the position of the signature of the testator, or of the person signing for him as aforesaid, be deemed to be valid within the said enactment, as explained by this Act, if the signature shall be so placed at or after, or following, or under, or beside, or opposite to the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by such his signature to the writing signed as his will; and no such will shall be affected by the circumstance that the signature shall not follow or be immediately after the foot or end of the will, or by the circumstance that a blank space shall intervene between the concluding word of the will and the signature, or by the circumstance that the signature shall be placed among the words of the testimonium clause or of the clause of attestation, or shall follow or be after or under the clause of attestation, either with or without a blank space intervening, or shall follow or be after, or under, or beside the names or one of the names of the subscribing witnesses, or by the circumstance that the signature shall be on a side or page or other portion of the paper or papers containing the will whereon no clause or paragraph or disposing part of the will shall be written above the signature, or by the circumstance that there shall appear to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature; and the enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature under the said Act or this Act shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature shall be made.

The reference to the principal Act by its Short Title of the Wills Act 1837, which was given to it by section 1 of the Short Titles Act 1896 (UK), has been substituted for a reference to the principal Act as an Act passed in the first year of the Reign of Her Majesty Queen Victoria, intituled An Act for the amendment of the laws with respect to wills.
The principal laws that apply to inheritance issues in New Zealand are the Wills Act 2007, the Administration Act 1969, the Family Protection Act1955, the Property (Relationships) Act 1976, the Law Reform (Testamentary Promises) Act 1949, and the Estate and Gift Duties Act 1968.

Wills Act 2007 No 36 (as at 24 April 2008), Public Act 6 Interpretation For the purposes of this Act, unless the context requires another meaning, Armed Forces is defined in section 33 de facto relationship is defined in section 29A of the Interpretation Act 1999 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 military or seagoing person is defined in section 33 movable property is defined in section 22(1) for the purposes of that section operational service is defined in section 33 personal representative means administrator, executor, or trustee property is defined in section 8(5) for the purposes of that section seafarer is defined in section 33 valid is defined in section 7 will is defined in section 8 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. 7 Meaning of valid (1) A will is valid if o (a) it complies with section 11; or o (b) it is declared valid under section 14. (2) An exercise of a power of appointment by a will that complies with section 11 is valid, even if the exercise does not comply with a particular manner or a particular solemnity required by the power.
Compare: Wills Act 1837 ss 9, 10 (UK)

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 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)

11 Requirements for validity of wills (1) A will must be in writing. (2) A will must be signed and witnessed as described in subsections (3) and (4). (3) The will-maker must o (a) sign the document; or o (b) acknowledge that a person directed by the will-maker signed the document in the willmaker's presence. (4) At least 2 witnesses must o (a) be together in the will-maker's presence when the will-maker complies with subsection (3); and o (b) each state on the document, in the will-maker's presence, that the witness was present when the will-maker complied with subsection (3); and o (c) each sign the document in the will-maker's presence.
Compare: Wills Act 1837 s 9 (UK)

Bills of Exchange Act 1908 2 Interpretation

In this Act, if not inconsistent with the context, Acceptance means an acceptance completed by delivery or notice Action 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 delivery Issue means the first delivery of a bill or note, complete in form, to a person who takes it as a holder Non-business day means any Saturday or Sunday or any bank holiday (not being a part holiday) within the meaning of the Banking Act 1982; and includes, in respect of any bank premises, every day on which those premises are not open for business Non-business day: this definition was inserted, as from 1 January 1980, by section 2 Bills of Exchange Amendment Act 1979 (1979 No 3).

Non-business day: the reference to the Banking Act 1982 was substituted, as from 16 December 1982, for a reference to the Banking Act 1908 pursuant to section 15 Banking Act 1982 (1982 No 144). Value means valuable consideration.
Compare: 1883 No 8 s 2

20 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.
Compare: 1883 No 8 s 20

28 Accommodation party (1) An accommodation party to a bill is a person who has signed a bill as drawer, acceptor, or indorser without receiving value therefore, and for the purpose of lending his name to some other person. (2) An accommodation party is liable on the bill to a holder for value; and it is immaterial whether, when such holder took the bill, he knew such party to be an accommodation party or not.
Compare: 1883 No 8 s 28

Designs Act 1953 2 Interpretation (1) In this Act, unless the context otherwise requires, article means any article of manufacture; and includes any part of an article if that part is made and sold separately assignee includes the personal representative of a deceased assignee; and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person Commissioner means the Commissioner of Designs Commonwealth means the British Commonwealth of Nations; and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible convention country, in any provision of this Act, means an entity for the time being declared by an order under section 20 to be a convention country for the purposes of that provision copyright has the meaning assigned to it by subsection (1) of section 11 Court means the High Court design means features of shape, configuration, pattern, or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye; but does not include a method or principle of construction or features of shape or configuration which are dictated solely by the function which the article to be made in that shape or configuration has to perform

Government Department means any Department or instrument of the Executive Government of New Zealand Journal means the Patent Office Journal published under subsection (1) of section 112 of the Patents Act 1953 prescribed means prescribed by regulations made under this Act proprietor has the meaning assigned to it by section 6 registered proprietor means the person or persons for the time being entered in the register of designs as proprietor of the design set of articles means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied. (2) Any reference in this Act to an article in respect of which a design is registered shall, in the case of a design registered in respect of a set of articles, be construed as a reference to any article of that set. (3) Any question arising under this Act as to whether a number of articles constitute a set of articles shall be determined by the Commissioner; and notwithstanding anything in this Act any determination of the Commissioner under this subsection shall be final. (4) For the purposes of subsection (1) of section 21 and of section 23, the expression personal representative, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside New Zealand. (5) In the case of an entity that is a convention country but is not a state, part of a state, or a territory for whose international relations a state is responsible, (a) a reference in this Act to (i) application for protection in a country; or (ii) application for protection in respect of a country, must be read as a reference to application for protection under the rules of the entity: (b) a reference in this Act to the law of a convention country must be read as a reference to the rules of the entity: (c) a reference in this Act to the Government of a convention country must be read as a reference to the governing body of the entity.
Compare: Registered Designs Act 1949, s 44 (UK); 1921-22 No 18 s 2 Section 2(1) convention country: substituted, on 14 October 1999, by section 2(2) of the Designs Amendment Act 1999 (1999 No 120). Section 2(1) Court: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124). Section 2(5): inserted, on 14 October 1999, by section 2(3) of the Designs Amendment Act 1999 (1999 No 120).

You might also like