5Interpretation

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

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

   court means the High Court

   Crown grant means a grant of land by the Crown, and includes records of title issued in lieu of grants

   department means the department or ministry that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   electronic instrument means an instrument in electronic form

   electronic workspace facility has the meaning given to it in section 25(7) (which relates to electronic facilities approved by the Registrar for use in the preparation of electronic instruments for lodgement under this Act)

   estate or interest means every estate or interest in land, and includes a mortgage or charge on land

   fraud has the meaning given to it in section 6

   freehold estate—

   1. includes a life estate; but
   2. does not include a lease for life

   future estate means an estate that confers the right to possession of land at a future time whether contingent or otherwise (for example, a reversion or a remainder)

   incapacitated, in relation to the making of any decision by a person that affects a matter under subpart 1 or 2 of Part 4, means that the person, because of temporary or permanent physical, intellectual, or mental impairment, is at the relevant time not capable of understanding the issues on which his or her decision is required

   instrument—

   1. means a document in paper or electronic form; and
   2. includes a caveat document

   intellectual or mental impairment means a clinically recognisable intellectual or mental impairment, whether or not it is or includes—

   1. an intellectual disability as defined in section 7 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; or
   2. a mental disorder as defined in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

   land includes—

   1. estates and interests in land:
   2. buildings and other permanent structures on land:
   3. land covered with water:
   4. plants, trees, and timber on or under land

   lease includes a lease for life

   limited record of title means a record of title that is limited as to parcels or title, or both, under section 199

   local authority means a regional council or a territorial authority as defined in section 5(1) of the Local Government Act 2002

   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

   minor has the meaning given to it in section 4 of the Age of Majority Act 1970

   mortgage—

   1. means a charge over an estate or interest in land created by a mortgagor under this Act a purpose of which is to secure the performance of an obligation to pay money, whether or not—
      1. the charge also secures the performance of other obligations; or
      2. any obligation secured by the charge is unconditional or conditional on the failure of another person to perform it; and
   2. includes a rentcharge or an annuity

   mortgagee means—

2. a person to whom a mortgage of an estate or interest in land is given; and
3. the transferee of any mortgage if the mortgage has been transferred

mortgagor means the person who is the owner of an estate or interest in land that is subject to a mortgage

owner—

1. means the owner of a legal or an equitable estate or interest in land; and
2. includes a person who has a future estate or interest in land

paper instrument means an instrument in paper form

personal representative means an executor, administrator, or trustee of the estate of a person who has died

practitioner means a lawyer or conveyancing practitioner as defined in section 6 of the Lawyers and Conveyancers Act 2006

public notice has the meaning given to it in section 220

qualified record of title means a record of title that records a qualification to the title under section 17

record of title means a record of title created under section 12 for an estate or interest in land

register means the register of land subject to this Act that is kept by the Registrar under section 9

Registrar means the Registrar-General of Land appointed in accordance with section 231

Surveyor-General means the person holding the office of Surveyor-General under the Cadastral Survey Act 2002

transmission means the acquisition of an estate or interest in land by operation of law

unique identifier means a combination of letters or numbers, or both, by which a record of title or an instrument is identified

working day means a day of the week other than—

1. 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
2. a day in the period commencing on 25 December and ending on 2 January in the following year; and
3. if 1 January falls on a Friday, the following Monday; and
4. if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
5. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

4. In any form or document the content of which is prescribed by or under this Act, a reference to any of the following persons includes a reference to that person's heirs, executors, successors, and assigns:

5. an owner, transferor, transferee, mortgagor, mortgagee, lessor, lessee, or trustee:
6. a person seised of or owning or having or taking an estate or interest in land.

Notes

• Section 5(1) working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).