New Zealand Legislation: Acts

4 Interpretation

• In this Act, unless the context otherwise requires,—

  administering authority means any Minister, department, local authority, or public body, or the Commissioner of Crown Lands, that owns, controls, or administers any public land

  cadastre has the same meaning as in section 4 of the Cadastral Survey Act 2002

  chief executive has the same meaning as in section 4 of the Cadastral Survey Act 2002

  code of responsible conduct or code means the code of responsible conduct issued under section 17

  controlling authority means a body that—

  • (a) is appointed as a controlling authority under section 35; or

  • (b) becomes a controlling authority under section 36

  Crown has the same meaning as in section 2(1) of the Public Finance Act 1989

  department means a department of State specified in Schedule 1 of the State Sector Act 1988

  enforcement officer—

  • (a) means an enforcement officer appointed under section 43 and warranted under section 46; and

  • (b) includes a person described in section 44

  firearm—

  • (a) has the same meaning as in section 2 of the Arms Act 1983; but

  • (b) includes anything from which a shot, bullet, missile, or other projectile can be discharged other than by force of explosive

  foreshore means the marine area that is bounded,—

  • (a) on the landward side, by the line of mean high water springs; and

  • (b) on the seaward side, by the line of mean low water springs

  honorary enforcement officer means an honorary enforcement officer appointed under section 45 and warranted under section 46

  in writing means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax, email, or other electronic means

  lake means a body of fresh water that is entirely or nearly surrounded by land

  landholder—

  • (a) means the owner or occupier of land; and

  • (b) includes any employee or other person acting under the authority of the owner or occupier; and

  • (c) includes the administering authority of public land

  local authority has the same meaning as in section 5(1) of the Local Government Act 2002

  Maori freehold land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

  Maori Land Court means the court continued by section 6 of Te Ture Whenua Maori Act 1993

  Minister means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

  New Zealand Walking Access Commission or Commission means the New Zealand Walking Access Commission established by section 6

  occupier, in relation to land, means a person who has a right to occupy the land under a lease

  offence means an offence against a provision of this Act or any regulation or bylaw made under this Act

  personal mobility device means—

  • (a) a vehicle that—

    • (i) is designed and constructed, or is adapted, for use by persons who require mobility assistance due to a physical or neurological impairment; and

    • (ii) is powered by hand or by a motor that has a maximum power output not exceeding 1 500 W; or

  • (b) a vehicle that has been declared under section 168A(1) of the Land Transport Act 1998 to be a mobility device

  private land—

  • (a) means—

    • (i) any land that is held in fee simple by any person other than the Crown:

    • (ii) any Maori land (within the meaning of section 4 of Te Ture Whenua Maori Act 1993):

    • (iii) any land that is held by a person under a lease or licence granted to the person by the Crown; but

  • (b) does not include any road

  public land—

  • (a) means any land that is not private land; but

  • (b) does not include any road

  register has the same meaning as in section 2 of the Land Transfer Act 1952

  Registrar-General means the Registrar-General of Land appointed in accordance with section 4 of the Land Transfer Act 1952

  river means a continuously or intermittently flowing body of fresh water, and includes a stream or modified watercourse

  road—

  • (a) means a formed or unformed road; but

  • (b) does not include a private road (within the meaning of section 315(1) of the Local Government Act 1974)

  Sport and Recreation New Zealand means the agency established by section 7 of the Sport and Recreation New Zealand Act 2002

  structure—

  • (a) includes—

    • (i) a bridge, fence, gate, shelter, or stile; and

    • (ii) a boundary marker, hoarding, marker, notice, poster, or sign; but

  • (b) does not include a bivouac, a tent, or a temporary structure erected for temporary shelter

  Surveyor-General means the Surveyor-General appointed in accordance with section 5 of the Cadastral Survey Act 2002

  vehicle—

  • (a) means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; but

  • (b) does not include—

    • (i) a pram or pushchair:

    • (ii) a personal mobility device

  walking access means the right of any member of the public to gain access to the New Zealand outdoors by—

  • (a) passing or repassing on foot over a walkway or other land over which the public has rights of access; and

  • (b) performing any activity that is reasonably incidental to that passing or repassing

  walkway—

  • (a) means any walkway declared under section 24 or 31; and

  • (b) includes any part of a walkway; and

  • (c) includes any walkway, established or administered under the New Zealand Walkways Act 1990, that was in existence immediately before this Act came into force.