81Interpretation in this Part

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

   adjudicator means an adjudicator appointed under section 131

   carries on insurance business in New Zealand has the same meaning as in section 8 of the Insurance (Prudential Supervision) Act 2010

   contract of fire insurance—

   1. means a contract of insurance, within the meaning of section 7 of the Insurance (Prudential Supervision) Act 2010, relating to property under which the property is insured against loss or damage by fire (whether or not the property is insured against other risks under the contract); but
   2. does not include a contract of reinsurance within the meaning of section 6(1) of that Act

   contract of insurance means—

   1. a contract of fire insurance:
   2. a contract of motor vehicle insurance

   contract of motor vehicle insurance—

   1. means a contract of insurance, within the meaning of section 7 of the Insurance (Prudential Supervision) Act 2010, relating to a motor vehicle under which either or both of the following apply:
      1. the motor vehicle is insured against physical loss or damage:
      2. any person is insured against third party liability in connection with the use of the vehicle; but
   2. does not include a contract of reinsurance within the meaning of section 6(1) of that Act

   insurance intermediary has the same meaning as in section 2(1) of the Insurance Intermediaries Act 1994

   insurer means a person that carries on insurance business in New Zealand and that is liable as the insurer under a contract of insurance in respect of property

   levy advantage means a reduction in, or the avoidance of, liability to pay the levy

   levy avoidance includes directly or indirectly—

   1. altering the incidence of the levy:
   2. relieving a person from liability to pay the levy:
   3. avoiding, postponing, or reducing any liability to pay the levy

   levy avoidance arrangement—

   1. means an arrangement, whether entered into by the person affected by the arrangement or by another person, that directly or indirectly—
      1. has levy avoidance as its purpose or effect; or
      2. has levy avoidance as one of its purposes or effects (whether or not any other purpose or effect is referable to ordinary dealings) where the levy avoidance purpose or effect is not merely incidental:
   2. does not include an arrangement that confers a levy advantage on a person merely because the person affected by the arrangement assumes the risk of physical loss or damage to any property to the extent that the property is not insured (in whole or in part)

   levy payer means—

2. an insurer who is liable to pay a levy to FENZ under section 86; or
3. if section 87 applies, a policyholder or an insurance intermediary who is liable to pay a levy to FENZ under that section

levy payer’s levy position means a levy position—

1. that is taken by a levy payer in a return in respect of property insured under a contract of insurance; or
2. if a levy payer does not make a return in respect of any property, that no levy is payable in respect of the property

levy position means a position or an approach taken in relation to a contract of insurance with regard to the levy payable in respect of any property under this Part, including, without limitation, a position or an approach that—

1. no levy is payable in respect of the property; or
2. a levy payer is not required to file a return in respect of the property; or
3. the property has a particular sum insured

levy shortfall means, in relation to a levy position that results in too little levy being paid or payable by the levy payer, the difference in the amount of levy payable under—

1. the correct levy position; and
2. the levy payer’s levy position

motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

personal property—

1. means property that is located in or on a household unit; and
2. includes property that is usually located in or on a household unit but is temporarily removed from the household unit for any reason; but
3. does not include any property used solely or principally for commercial purposes

policyholder, in relation to a contract of insurance,—

1. has the same meaning as in section 6(1) of the Insurance (Prudential Supervision) Act 2010; and
2. includes any person who is entitled to any indemnity or benefit under the contract of insurance

property means any real or personal property in New Zealand

relevant court, in relation to a dispute under subpart 5, means—

1. if the total amount that FENZ seeks to recover comes within the District Court’s civil jurisdiction, the District Court; and
2. in any other case, the High Court

reinsurance has the same meaning as in section 6(1) of the Insurance (Prudential Supervision) Act 2010

residential land means, in relation to a building or group of buildings that only consists of 1 or more household units, the following property situated within the landholding on which the household unit or units are situated:

1. the land on which any household unit is situated:
2. all land within 8 metres in a horizontal line of any household unit:
3. that part of the land holding that—
   1. is within 60 metres, in a horizontal line, of any household unit; and
   2. constitutes the main access way or part of the main access way to any household unit from the boundary of the land holding or is land supporting that access way or part:
4. all bridges and culverts situated within any area specified in paragraphs (a) to (c):
5. all retaining walls and their support systems within 60 metres, in a horizontal line, of any household unit that are necessary for the support or protection of any household unit or of any property referred to in any of paragraphs (a) to (c)

residential property means—

1. a household unit:
2. any residential land

respondent means a person to whom FENZ provides a notice of levy shortfall

specialised accommodation means a building that is specified, in regulations made under section 141, as specialised accommodation for the purposes of this Part

sum insured means—

1. the insured value of the property as stated in the schedule of the contract of fire insurance, this being the amount that will be paid out in the event of a total loss before taking into account the following:
   1. any amounts to be deducted before payment is made to the policyholder:
   2. additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred; and
2. if no insured value is stated in the schedule of the contract of fire insurance, the insured value of the property as calculated by the insurer, this being the amount that will be paid out in the event of a total loss before taking into account the following:
   1. any amounts to be deducted before payment is made to the policyholder:
   2. additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred

third party liability means a person’s liability to any other person arising from or in connection with a motor vehicle

working day means a day of the week other than—

4. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
5. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
6. a day in the period commencing on 25 December in any year and ending on 15 January in the following year.

7. The provisions of this Part must be interpreted in a manner that best gives effect to the purpose set out in section 80.