New Zealand Legislation: Acts

2 Interpretation

• In this Act, unless the context otherwise requires,—

  fence—

  • (a) means a fence that complies with the requirements of the building code in force under the Building Act 2004 in respect of swimming pools subject to this Act; and

  • (b) includes any part of a building and any gates or doors that form part of the fence

  Fence: this definition was amended, as from 1 July 1992, by section 92(1) Building Act 1991 (1991 No 150) by substituting the words “building code in force under the Building Act 1991 in respect of swimming pools subject to this Act;” for the words “Schedule to this Act”.

  fence: this definition was substituted, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72). See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.

  Gates or doors does not include any door to which clause 11 of the Schedule to this Act applies

  Immediate pool area means the land in or on which the pool is situated and so much of the surrounding area as is used for activities or purposes carried on in conjunction with the use of the pool

  Judicial officer means any District Court Judge, justice, Community Magistrate, or Registrar of a District Court (other than a constable); but does not include any person who is a member or employee of the territorial authority

  Judicial Officer: this definition was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “Community Magistrate,”.

  Owner means the owner of a pool; except—

  • (a) Where the pool is subject to a hire purchase agreement within the meaning of the Income Tax Act 2007, in which case it means the purchaser of the pool:

  • (b) Where the pool is on premises that are not subject to a tenancy under the Residential Tenancies Act 1986 and the pool is subject to a lease or is part of premises subject to a lease, in which case it means the lessee of the pool or the premises:

  Swimming pool and pool mean an excavation, structure, or product that is used or is capable of being used for the purpose of swimming, wading, paddling, or bathing; and includes any such excavation, structure, or product, that is a spa pool

  territorial authority has the same meaning as in the Local Government Act 2002

  Section 2 owner paragraph (a): amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

  Owner: paragraph (a) of this definition was amended, as from 1 April 2005, by section 139 Credit Contracts and Consumer Finance Act 2003 (2003 No 52) by substituting the words “Income Tax Act 1994” for the words “Hire Purchase Act 1971”. See sections 141 to 143 of that Act as to the transitional provisions.

  Owner: paragraph (a) of this definition was amended, as from 1 April 2005, by section YA 2 Income Tax Act 2004 (2004 No 35) by substituting the words “Income Tax Act 2004” for the words “Income Tax Act 1994”.

  Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.