This Act may be cited as the Joint Family Homes Act 1964.
This Act shall come into force on 1 April 1965.
Joint Family Homes Act 1964
| Jurisdiction | New Zealand |
| Reference | 1964 No 45 |
| Citation | 1964 No 45 |
| Record Number | DLM352254 |
| Act Number | 45 |
| Type of Document | Act |
An Act to provide for joint family homes, and for an exemption from gift duty in respect thereofTitle: amended, on 20 May 1999 (applying to instruments executed after 20 May 1999 and instruments executed between 20 May 1991 and 20 May 1999 (both dates inclusive) if the transactions to which the instruments relate are not completed or, in the case of leases are not carried into effect, on or before 20 May 1999), by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).
In this Act, unless the context otherwise requires,—
applicant, in relation to any application to settle any land as a joint family home, includes the executor or administrator of a deceased applicant
constitution, in relation to a company within the meaning of section 2 of the Companies Act 1993, has the same meaning as in that section
flat means a part of a building that is used as a separate dwelling; but does not include any right, easement, or appurtenance which is held and enjoyed with the flat
flat-owning company means a flat or office owning company to which subpart 6 of Part 3 of the Land Transfer Act 2017 applies
husband and wife, in relation to any settled property, means the husband and wife on whom the property is settled under this Act ; and every reference in this Act to a husband and wife must be taken to include any 2 people (of any sex) who are married
joint family home means any land settled as a joint family home under this Act
land means all estates and interests, whether freehold or chattel, in real property; and includes the licensee's interest under a licence (within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017) to occupy a flat
mining residence site means any residence site in respect of which there exists a licence granted under the Mining Act 1926 or under any former Mining Act; and includes—
- any land in respect of which there exists a lease granted under section 45 or section 47 of the Mining Act 1926 or under the corresponding provisions of any former Mining Act, or renewed under section 2 of the Mining Amendment Act 1961; and
- any new licence or lease issued under the Mining Tenures Registration Act 1962
prescribed means prescribed by this Act or by regulations made under this Act
registered proprietor, in relation to any mining residence site which is not registered under the Land Transfer Act 2017, means the person registered in the office of a Mining Registrar as the licensee or lessee of the site; and, in relation to any other land, means the registered owner under the Land Transfer Act 2017, or the person entitled to the land under any instrument registered under the Deeds Registration Act 1908; and, in relation to any shares in a flat-owning company, means the person who is the registered holder of shares according to the company's share register
Registrar, in relation to any mining residence site which is not registered under the Land Transfer Act 1952, means the Mining Registrar in whose office the licence or lease is registered; and, in relation to any other land, means the Registrar-General of Land or the Registrar of Deeds
relative shares, in relation to any lease or licence granted in respect of a flat by a flat-owning company, means the shares the ownership of which, pursuant to the constitution of the company, entitles the lessee or licensee to the lease or licence
settled, in relation to any land or property, means that the land or property has become settled or is deemed to have become settled in accordance with the provisions of paragraph (a) of subsection (1) of section 9
settlement means a settlement under this Act
share certificate, in relation to any relative shares, means a share certificate in respect of those shares
share register, in relation to a company within the meaning of section 2(1) of the Companies Act 1993, means the company's share register.
1950 No 43 s 2; 1955 No 84 s 2
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