Housing Act 1955

2: Interpretation

You could also call this:

"What special words mean in the Housing Act 1955"

Illustration for Housing Act 1955

When you read the Housing Act 1955, you need to know what some words mean. You can find these words in the Act, such as 'acquisition' which means getting land under the Public Works Act 1981. The Act also explains what 'district' and 'dwelling' mean. You should understand that 'Kāinga Ora–Homes and Communities' refers to the organisation established by the Kāinga Ora–Homes and Communities Act 2019. The Act says what 'local authority' means, which is a territorial authority under the Local Government Act 2002. It also defines 'Minister' as the Minister of Housing and 'Ministry' as the department responsible for the Act. The Act explains what 'owner' means in relation to land, and what 'pipeline' means, such as systems of pipes for water or sewage. It also defines 'State housing land' and 'State housing purposes', which include building or buying homes for people to live in. The Act says what is included in roads, streets, and other areas, such as bridges and footways. If you have an agreement to buy land under section 16, the land is not considered State housing land until the agreement is cancelled. Then, if the land belongs to the Crown, it becomes State housing land again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291045.

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1: Short title, or

"The law's short name is the Housing Act 1955"


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2A: Minister may exclusively administer land declared subject to this section, or

"The Minister can take control of some State housing land and make decisions about it."

2Interpretation

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

    acquisition or acquire, in relation to any land, includes the taking or setting apart of the land under the Public Works Act 1981, and its vesting pursuant to any Act, and its purchase, leasing, or acquisition in any other manner whatsoever

      district means a district of a local authority

        dwelling means any building or part of a building that is suitable for residential accommodation of any kind; and includes every garage, shed, and other building used in connection therewith; but does not include the land appurtenant to a dwelling

          Kāinga Ora–Homes and Communities means Kāinga Ora–Homes and Communities established by the Kāinga Ora–Homes and Communities Act 2019

            local authority means a territorial authority within the meaning of the Local Government Act 2002

              Minister means the Minister of Housing

                Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act

                  owner, in relation to any land in respect of which there is registered an easement certificate issued under section 25, means the person (including the Crown) for the time being entitled to the rack rent thereof or who would be so entitled if the land were let at a rack rent; and does not include the Crown in any case where any agreement for sale or licence to occupy under section 16 or section 17 is for the time being in force in respect of the land

                    pipeline means any system of pipes for the passage or disposal of water or storm water or sewage; and includes a septic tank system and a communal water supply system

                      State housing land means land that is for the time being held or set apart for State housing purposes; and includes land that at any material date was held or set apart for the purposes of Part 1 of the Housing Act 1919

                        State housing purposes means the erection, acquisition, or holding of dwellings and ancillary commercial buildings by the Crown under this Act for disposal by way of sale, lease, or tenancy; and includes the acquisition of land by the Crown—

                        1. as sites for dwellings and ancillary commercial buildings:
                          1. for schemes of development and subdivision into sites for dwellings:
                            1. for motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works upon or for the benefit of the land so acquired or the occupiers thereof.

                              Reference to any motorway, road, street, access way, or service lane shall be deemed to include every carriage way, cycle track, bridge, culvert, kerb, drain, channel, footway, crossing, fence, barricade, entrance thereto, exit therefrom, or other thing belonging thereto, or lying upon the line or within the limits of the land having that status.

                            2. While an agreement for sale under section 16 remains in force in respect of any land, the land shall be deemed not to be State housing land. If any such agreement is rescinded, the land (if then belonging to the Crown) shall thereupon be deemed to be State housing land.

                            Compare
                            • 1919 No 32 s 2
                            • 1940 No 14 s 2
                            • 1953 No 115 s 14
                            Notes
                            • Section 2(1) acquisition or acquire: amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
                            • Section 2(1) Board: repealed, on , by section 45(2) of the State Advances Corporation Act 1965 (1965 No 47).
                            • Section 2(1) Corporation: repealed, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
                            • Section 2(1) district: inserted, on , by section 8(3) of the Local Government Amendment Act 1979 (1979 No 59).
                            • Section 2(1) Kāinga Ora–Homes and Communities: inserted, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
                            • Section 2(1) local authority: replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                            • Section 2(1) Ministry: inserted, on , by section 4 of the Housing Amendment Act 2016 (2016 No 3).