New Zealand Acts

DISTRICT COURT ACT 2016 - SECT 4

4 Interpretation

In this Act, unless the context otherwise requires,—  
"acting Judge" means a Judge appointed as an acting Judge under section 31(1)     
"authenticate" means,—  

a) in relation to a document other than a document under Part 10 ,—

i) sign and date the document; or

ii) in the case of a document in electronic form, use any electronic means that adequately identifies the person responsible for its content and the date of authentication; or

b) in relation to a document under Part 10 , use any means that adequately identifies the person responsible for its content and the date of authentication; or

c) in relation to a warrant, authenticate in the manner provided in paragraph (a) or (b) or by a Registrar entering the particulars of the warrant into a computer system accessible to a constable or a bailiff

"bailiff" means a bailiff appointed under section 66 , and includes any deputy bailiff and any person acting as a bailiff under section 66(2)  
"Chief District Court Judge" means the Chief District Court Judge appointed under section 24(1)     
"chief executive" means the chief executive of the Ministry of Justice    
"Community Magistrate" means a person appointed under section 39(1)     
"constable" has the same meaning as in section 4 of the Policing Act 2008    
"court" means the District Court established under section 7     
"District Court Judge" or
"Judge" means a Judge appointed under section 11(1)     
"document" —  

a) means a document in any form (including, without limitation, a document in an electronic form); and

b) includes, without limitation, any of the following:

i) any writing on any material:

ii) information recorded or stored by means of a tape recorder, computer, or other device:

iii) material subsequently derived from information recorded or stored in the manner described in subparagraph (ii):

iv) a label, a marking, or any other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

v) a book, map, plan, graph, or drawing:

vi) a photograph, film, negative, tape, or device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

"electronic" includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic  
"financial assessment hearing" means a hearing under section 148 or 149     
"financial statement" has the meaning given to it in section 145(1)     
"freezing order" means an order restraining a person from removing any assets located in or outside New Zealand or from disposing of, dealing with, or diminishing the value of those assets    
"judicial officer" means a Judge, a Community Magistrate, or a Justice    
"Justice" has the same meaning as in section 2 of the Justices of the Peace Act 1957    
"landlord" , in relation to any land, means the person entitled to the immediate reversion of that land and, if the land is held in joint tenancy or tenancy in common, includes any one of the persons entitled to the immediate reversion    
"lawyer" has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006    
"Minister" means the Minister of the Crown who under any warrant or with the authority of the Prime Minister is responsible for the administration of this Act    
"officer of the court" means any Registrar, Deputy Registrar, or other employee appointed under the Public Service Act 2020 for the conduct of the business of the court    
"part-time Judge" means a Judge who is authorised under section 30(1) to sit on a part-time basis    
"permanent Judge" does not include an acting District Court Judge    
"Police employee" has the meaning given by section 4 of the Policing Act 2008    
"prescribed" means prescribed by regulations made under section 230     
"principal Judge" means a Judge who is appointed the principal Judge of a division of the court    
"proceeding" means any application to the court for the exercise of the civil jurisdiction of the court other than an interlocutory application    
"Registrar" means a District Court Registrar appointed under section 62     
"rules" means the rules of the practice and procedure of the court made under section 228     
"search order" means an order in a proceeding, or before a proceeding commences, with or without notice to the respondent, to secure or preserve evidence and to require the respondent to permit persons to enter premises for the purpose of securing the preservation of evidence    
"working day" , in relation to the court, means a day other than—  

a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, or Waitangi Day; or

b) the day observed as the anniversary day of the former province in which the relevant office of the court is located; or

c) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; or

d) a day in the period commencing on 25 December in a year and ending on 15 January in the following year.

Note: 1947 No 16 s 2

History: Section 4 officer of the court: amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).   Section 4 prescribed rate: repealed, on 1 January 2018, by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).     Section 4 working day paragraph (a): amended, 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).