2Interpretation

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

   adopted child means any person concerning whom an adoption order is in force

   adoption order means an adoption order made under this Act; and does not include an interim order

   adoptive parent means any person who adopts a child in accordance with an adoption order; and, in the case of an order made in favour of a married couple on their joint application, means both the spouses; but does not include a spouse who merely consents to an adoption

   chief executive means the chief executive of the department

   child means a person who is under the age of 20 years; and includes any person in respect of whom an interim order is in force, notwithstanding that the person has attained that age

   Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible; and also includes the Republic of Ireland as if that country were a member of the British Commonwealth of Nations

   Commonwealth representative means an Ambassador, High Commissioner, Minister, Chargé d'Affaires, Consular Officer, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Minister, or Chargé d'Affaires

   Contracting State has the same meaning as in section 2 of the Adoption (Intercountry) Act 1997

   court means the Family Court or the District Court in its civil jurisdiction; and includes the High Court acting in its jurisdiction on appeal under this Act

   department means the department for the time being responsible for the administration of the Oranga Tamariki Act 1989

   exempt country means a country specified in Schedule 1AAB

   Hague Convention has the same meaning as Convention in section 2 of the Adoption (Intercountry) Act 1997

   Hague Convention adoption means an adoption to which the Hague Convention applies (whether or not the adoption was made in accordance with that Convention)—

   1. that took place in a Contracting State on or after the date on which the Hague Convention entered into force in both New Zealand and the Contracting State; and
   2. in respect of which the adopted child was habitually resident overseas; and
   3. in respect of which the adoptive parent is, or both the adoptive parents are, habitually resident in New Zealand

   interim order means an interim order made under this Act

   Maori means a person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993

   overseas adoption means an adoption, in any place outside New Zealand, that—

   1. was in accordance with the law of that place and is legally valid; and
   2. affords to the adoptive parent an immediate legal right that is greater than the right of any natural parent of the adopted person in relation to the day-to-day care of the person, or would have afforded such a right if the adopted person were a young child; and
   3. either—
      1. was by order of any court, judicial authority, or public authority of—
         1. a Commonwealth country; or
         2. Austria; or
         3. Denmark; or
         4. Finland; or
         5. Norway; or
         6. Sweden; or
         7. the Kingdom of the Netherlands; or
         8. the United States of America, or of any State or territory of the United States of America; or
         9. a prescribed overseas country; or
      2. affords to the adoptive parent an immediate legal right over the adopted person’s property equal to or greater than the right to the property of any natural parent of the person, if the person—
         1. dies intestate with no other next of kin; and
         2. at the time of death was domiciled in the place outside New Zealand and was a national of the country having jurisdiction over that place

   prescribed overseas country means a country specified in regulations made under section 28

   publish, in relation to any advertisement, means—

   1. insert in any newspaper or other periodical publication printed and published in New Zealand; or
   2. bring to the notice of members of the public in New Zealand in any other manner whatsoever

   Registrar, in relation to any court, means the Registrar of that court and includes any Deputy Registrar

   relative, in relation to any child, means a grandparent, brother, sister, uncle, or aunt, whether of the full blood, of the half blood, or by affinity

   social worker—

   1. In relation to any application or proposed application by a Maori, whether jointly or singly, for an adoption order in respect of a Maori child, means—
      1. any Maori person employed as a social worker in the department; or
      2. any member of the Maori community nominated, after consultation with the Maori community, by the chief executive to carry out the duties of a social worker under this Act in respect of the adoption:
   2. in relation to any other application or proposed application for an adoption order, means—
      1. any person employed as a social worker in the department; or
      2. if the court so directs, any member of the Maori community nominated, after consultation with the Maori community, by the chief executive to carry out the duties of a social worker under this Act in respect of the adoption

   surrogacy arrangement has the same meaning as in section 5 of the Human Assisted Reproductive Technology Act 2004.

2. For the purposes of the definition of overseas adoption in subsection (1), the production of a document purporting to be the original or a certified copy of an order or a record of an adoption made by a court, judicial authority, or public authority in any place outside New Zealand is, in the absence of proof to the contrary, sufficient evidence that the adoption was made and that it is legally valid according to the law of that place.