Limited Partnerships Act 2008

Preliminary provisions

4: Interpretation

You could also call this:

"What special words mean in the Limited Partnerships Act 2008"

Illustration for Limited Partnerships Act 2008

When you read this Act, some words have special meanings. You need to know what these words mean to understand the Act. The Act explains what these words mean.

The word 'capital contribution' is explained in section 37(1). The 'chief executive' is the person in charge of the government department responsible for this Act. A 'company' is what is described in section 2(1) of the Companies Act 1993.

The Act also explains what 'control interest' means, which is found in sections 78B to 78E. The 'Court' refers to the High Court. A 'document' can be many things, including a book, map, or photograph, and also information stored electronically.

You will also see the term 'enforcement country', which is a country outside New Zealand that is listed in section 8(4). The 'FMA' stands for the Financial Markets Authority, which was set up under Part 2 of the Financial Markets Authority Act 2011.

The 'Minister' is the government minister responsible for this Act. An 'overseas company' is a company from another country, as described in section 2(1) of the Companies Act 1993. An 'overseas limited partnership' is a type of partnership from another country with general and limited partners.

A 'partner' can be either a general or limited partner. The 'partnership interest' is explained in section 38(1). When you see 'prescribed', it means something that is specified in regulations made under this Act.

A 'public notice' is a notice that is made public, which can be done in different ways, including publication in the Gazette or a newspaper. The 'Registrar' is the Registrar of Companies, who is in charge of the Companies Office, as described in the Companies Act 1993. A 'resolution of the limited partnership' is a decision made by the partners, which usually requires at least 75% of the capital contributions to agree.

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Part 1Preliminary provisions

4Interpretation

  1. In this Act, unless the context requires otherwise,—

    capital contribution has the meaning given to it in section 37(1)

      chief executive means the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

        company has the meaning set out in section 2(1) of the Companies Act 1993

          control interest has the meaning set out in sections 78B to 78E

            Court means the High Court

              document means—

              1. any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes—
                1. a label, marking, or other writing which identifies or describes a thing of which it forms part, or to which it is attached:
                  1. a book, map, plan, graph, or drawing:
                    1. a photograph, film, or negative; and
                    2. information electronically recorded or stored, and information derived from that information

                      enforcement country means a country, State, or territory outside New Zealand prescribed for the purposes of section 8(4)

                        FMA means the Financial Markets Authority established under Part 2 of the Financial Markets Authority Act 2011

                          Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

                            overseas company has the meaning set out in section 2(1) of the Companies Act 1993

                              overseas limited partnership means a partnership formed or incorporated outside New Zealand with—

                              1. 1 or more general partners who are liable for all of the debts and liabilities of the partnership; and
                                1. 1 or more limited partners who have only limited liability for the debts and liabilities of the partnership

                                  partner means a general partner or a limited partner

                                    partnership interest has the meaning given to it in section 38(1)

                                      prescribed means prescribed by regulations made under this Act

                                        public notice means,—

                                        1. in respect of public notice that must be given by the Registrar, publication in 1 issue of the Gazette and publication on the Companies Office website for not less than 20 working days:
                                          1. in respect of public notice that must be given by any other person, publication in—
                                            1. at least 1 issue of the Gazette; and
                                              1. at least 1 issue of a newspaper circulating in the area in New Zealand in which is situated—
                                                1. the limited partnership's or overseas limited partnership's place of business; or
                                                  1. if the limited partnership or overseas limited partnership has more than 1 place of business, its principal place of business; or
                                                    1. in the case of a limited partnership that has no place of business or neither its place of business nor its principal place of business is known, its registered office

                                                  Registrar means the Registrar of Companies holding office under the Companies Act 1993 and includes a Deputy Registrar acting in accordance with section 357(2) of that Act

                                                    resolution of the limited partnership means, unless the partnership agreement provides otherwise, a resolution passed or signed by partners having contributed at least 75% of the capital contributions of all the partners.

                                                    Notes
                                                    • Section 4 company: inserted, on , by section 4 of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                    • Section 4 control interest: inserted, on , by section 20 of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                    • Section 4 Deputy Registrar: repealed, on , by section 4(1) of the Limited Partnerships Amendment Act 2012 (2012 No 12).
                                                    • Section 4 enforcement country: inserted, on , by section 4 of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                    • Section 4 FMA: inserted, on , by section 4 of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                    • Section 4 overseas company: inserted, on , by section 4 of the Limited Partnerships Amendment Act 2014 (2014 No 47).
                                                    • Section 4 Registrar: replaced, on , by section 4(2) of the Limited Partnerships Amendment Act 2012 (2012 No 12).