Class Action: Wai Claim 2346 to release property held in trust for the infants

Contents
Class Action: Wai Claim 2346 to release property held in trust for the infants ............................................................... 1 Application for Review ...................................................................................................................................................... 3 Excerpts from the English Translation of the Bull Romanus Pontifex .......................................................................... 4 Extracts from William Blackstone's Commentaries on the Laws of England ................................................................ 5 The Will where your power is. ................................................................................................................................... 6 Wills Act 1837 (UK) No 26 (as at 03 September 2007), Imperial Act Interpretation............................................................................................................................................................ 6 The conversion of power into currency ........................................................................................................................ 7 Insolvency and Bankruptcy as a process of conversion to create credit ...................................................................... 7 The global Maori as an infant, lunatic under legal disability ........................................................................................ 8 Te Ture Whenua Maori Act 1993 .............................................................................................................................. 8 Maori Purposes Act 1947 No 59 (as at 03 September 2007), Public Act .................................................................. 9 The nature of the relationship today .............................................................................................................................. 10 Statutes relating to Dispositions, Documents and Instruments ................................................................................. 10 Wills Act 2007 No 36 (as at 24 April 2008), Public Act ............................................................................................ 10 Administration Act 1969 No 52 (as at 01 July 2009), Public Act ............................................................................. 11 Property Law Act 2007 No 91 (as at 01 November 2010), Public Act..................................................................... 11 Customs and Excise Act 1996 No 27 (as at 29 November 2010), Public Act ........................................................................................................................................................................... 11 Insolvency Act 2006 No 55 (as at 01 November 2010), Public Act ......................................................................... 12 Goods and Services Tax Act 1985 No 141 (as at 23 November 2010), Public Act................................................................................................................................................................. 12 Who is the Crown? .......................................................................................................................................................... 13 Establishing your title.................................................................................................................................................. 13 Crown Proceedings Act 1950 No 54 (as at 01 January 2011), Public Act ............................................................... 13 Naval Prize Act 1864 No 25 (as at 03 September 2007), Imperial Act .................................................................... 13 Judicature Amendment Act 1972 No 130, Public Act ............................................................................................. 13 Causes of action for remedy sought ........................................................................................................................... 15 Illegal Contracts Act 1970 No 129 (as at 03 December 2007), Public Act .............................................................. 15 The trustee and remedy.............................................................................................................................................. 17 Trustee Act 1956 No 61 (as at 01 January 2011), Public Act .................................................................................. 17 Administration Act 1969 No 52 (as at 01 July 2009), Public Act ............................................................................. 17 Public Finance Act 1989 No 44 (as at 23 July 2011), Public Act .............................................................................. 18 Judicature Act 1908 No 89 (as at 01 May 2011), Public Act ................................................................................... 18 Insolvency Act 2006 No 55 (as at 01 November 2010), Public Act ......................................................................... 19 The beneficiary or the security of the person for the debtor ..................................................................................... 20
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Income Tax Act 2007 No 97 (as at 01 November 2010), Public Act........................................................................ 20 Securities Act (World Bank) Exemption Notice 2007 (SR 2007/392) ...................................................................... 20 Securities Act 1978 No 103 (as at 16 August 2010), Public Act .............................................................................. 21 Social Security Act 1964 No 136 (as at 29 November 2010), Public Act ................................................................. 21 Set-Off Act 1729 No 22 (as at 03 September 2007), Imperial Act .......................................................................... 22 Set-Off Act 1735 No 24 (as at 03 September 2007), Imperial Act .......................................................................... 23

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King of Spain

Application for Review

In the matter of NELSON TAMARA PAYNTER Insolvent Deceased Estate in Trust Trust Number: Inland Revenue ######### Social Security Identification Number ############ Affidavit in Support

Whereas; 1. the writer being the personal authorised representative for the infant, Nelson Tamara in being and in survivorship, is suing on behalf of the Crown through Mr Paynter in person, as his personal authorised representative, he will say that, Nelson Tamara is of full age and capacity, to the best of his knowledge and belief, claims his title to his estate holding in his hand a receipt evidenced by his birth registration entry to his real and personal property (cestui que trust), and whereas; 2. Nelson Tamara desires to maintain his immunity and indemnity as the beneficiary under legal disability instructs through his personal authorised representative that it has been drawn to his notice that by these acts and imperial statutes hereafter is acknowledgement of my estate held by the Crown in trust for my benefit, and whereas; 3. relief is sought for assignment and transfer of property, accrued interests from rents, leases and other investments being equally distributed to all other cestui que infants and Nelson Tamara of the Paynter family for full and final settlement for full cure and maintenance of my being and my heirs and successors, and whereas; 4. I request that the appointed fiduciary make orders to direct all and any co-debtor, co-trustee, cocontractor to act on my behalf from time to time when so called upon, and whereas; 5. therefore; if all acts shall bind the Crown, and are binding on you and me, then we must be the Crown and I stand upon my sovereignty waiving all summary proceedings for full disclosure of all commercial remedies to discharge all costs and liabilities hereafter.

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In accordance with the provision in thy Fathers Will and Testament, Old Testament and New Testament to protect his childrens inheritance, the dynasty and the legacy begins Who is the beneficiary? Who is the trustee? Who is administrating your estate (real and personal property)?

Excerpts from the English Translation of the Bull Romanus Pontifex Excerpt 1 We bestow suitable favors and special graces on those Catholic kings and princes, who, like athletes and intrepid champions of the Christian faith, as we know by the evidence of facts, not only restrain the savage excesses of the Saracens and of other infidels, enemies of the Christian name, but also for the defense and increase of the faith vanquish them and their kingdoms and habitations, though situated in the remotest parts unknown to us, and subject them to their own temporal dominion, sparing no labor and expense. Excerpt 2 Thence also many Guineamen and other negroes, taken by force, and some by barter of unprohibited articles, or by other lawful contract of purchase, have been sent to the said kingdoms. A large number of these have been converted to the Catholic faith, and it is hoped, by the help of divine mercy, that if such progress be continued with them, either those peoples will be converted to the faith or at least the souls of many of them will be gained for Christ. But since, as we are informed, although the king and infante aforesaid (who with so many and so great dangers, labors, and expenses, and also with loss of so many natives of their said kingdoms, very many of whom have perished in those expeditions, depending only upon the aid of those natives, have caused those provinces to be explored and have acquired and possessed such harbors, islands, and seas. Excerpt 3 To invade, search out, capture, vanquish, and subdue all Saracens and pagans whatsoever, and other enemies of Christ where so ever placed, and the kingdoms, dukedoms, principalities, dominions, possessions, and all movable and immovable goods whatsoever held and possessed by them and to reduce their persons to perpetual slavery, and to apply and appropriate to himself and his successors the kingdoms, dukedoms, counties, principalities, dominions, possessions, and goods, and to convert them to his and their use and profit. Excerpt 4 We do likewise by these letters, decree and declare that the said letters and what is contained therein cannot in any wise be impugned, or the effect thereof hindered or obstructed, on account of any defect of fraudulency, secrecy, or nullity, not even from a defect of the ordinary or of any other authority, or from any other defect, but that they shall be valid forever and shall obtain full authority. And if anyone, by whatever authority, shall, wittingly or unwittingly, attempt anything inconsistent with these orders we decree that his act shall be null and void.

Figure 1: Excerpt 1 shows the intention of the papacy to capture and colonise the Earth through trusts within trusts. The word infante mentioned numerous times throughout this article is the establishment of the Cestui que trust. Excerpt 2 shows where the native assessors roles (who were Christianised) were created. Excerpt 3 introduces the law of land, property and trusts. Excerpt 4 shows the discretionary powers of the trustees and similarities in our situation today. 1 [Exhibit marked A]

http://www.scribd.com/doc/73237907/English-Translation-of-the-Bull-Romanus-Pontifex-With-Comments
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Extracts from William Blackstone's Commentaries on the Laws of England

1765-1769 Blackstone on the English Constitution Book One, Chapter 8: Of the King's Revenue: Branch 18 I proceed therefore to the eighteenth and last branch of the king's ordinary revenue; which consists in the custody of idiots, from whence we shall be naturally led to consider also the custody of lunatics. An idiot, or natural fool, is one that has had no understanding from his nativity; and therefore is by law presumed never likely to attain any. For which reason the custody of him and of his lands was formerly vested in the lord of the see; (and therefore still, by special custom, in some manors the lord shall have the ordering of idiot and lunatic copyholders) but, by reason of the manifold abuses of this power by subjects, it was at last provided by common consent, that it should be given to the king, as the general conservator of his people, in order to prevent the idiot from wasting his estate, and reducing himself and his heirs to poverty and distress: This fiscal prerogative of the king is declared in parliament by statute 17 Edw. II. c. 9. which directs (in affirmance of the common law) that the king shall have ward of the lands of natural fools, taking the profits without waste or destruction, and shall find them necessaries; and after the death of such idiots he shall render the estate to the heirs; in order to prevent such idiots from aligning their lands, and their heirs from being disherited. By the old common law there is a writ de idiota inquirendo, to enquire whether a man be an idiot or not: which must be tried by a jury of twelve men; and if they find him purus idiota, the profits of his lands, and the custody of his person may be granted by the king to some subject, who has interest enough to obtain them. This branch of the revenue has been long considered as a hardship upon private families; and so long ago as in the 8 Jac. I. it was under the consideration of parliament, to vest this custody in the relations of the party, and to settle an equivalent on the crown in lieu of it; it being then proposed to share the same fate with the slavery [?] of the feudal tenures, which has been since abolished. Yet few instances can be given of the oppressive exertion of it, since it seldom happens that a jury finds a man an idiot a nativitate, but only non compos mentis from some particular time; which has an operation very different in point of law. A man is not an idiot, if he has any glimmering of reason, so that he can tell his parents, his age, or the like common matters. But a man who is born deaf, dumb, and blind, is looked upon by the law as in the same state with an idiot; he being supposed incapable of understanding, as wanting those senses which furnish the human mind with ideas. A lunatic, or non compos mentis, is one who has had understanding, but by disease, grief, or other accident has lost the use of his reason. A lunatic is indeed properly one that has lucid intervals; sometimes enjoying his senses, and sometimes not, and that frequently depending upon the change of the moon. But under the general name of non compos mentis (which Sir Edward Coke says is the most legal name) are comprised not only lunatics, but persons under frenzies; or who lose their intellects by disease; those that grow deaf, dumb, and blind, not being born so; or such, in short, as are by any means rendered incapable of conducting their own affairs. To these also, as well as idiots, the king is guardian, but to a very different purpose. For the law always imagines that these accidental misfortunes may be removed; and therefore only constitutes the crown a trustee for the unfortunate persons, to protect their property, and to account to them for all profits received, if they recover, or after their decease to their representatives. And therefore it is declared by the statute 17 Edw. II. c. 10 that the king shall provide for the custody and sustentation of lunatics, and preserve their lands and the profits of them, for their use, when they come to their right mind: and the king shall take nothing to his own use; and if the parties die in such estate, the residue shall be distributed for their souls by the advice of the ordinary, and of course (by the subsequent amendments of the law of administrations) shall now go to their executors or administrators. The method of proving a person non compos is very similar to that of proving him an idiot. The Lord Chancellor, to whom, by special authority from the king, the custody of idiots and lunatics is intrusted, upon petition or information, grants a commission in nature of the writ de idiota inquirendo, to enquire into the party's state of mind; and if he be found non compos, he usually commits the care of his person, with a suitable allowance for his maintenance, to some friend, who is then called his committee. However, to prevent sinister practices, the next heir is never permitted to be this committee of the person; because it is his interest that the party should die. But, it has been said, there lies not the same objection against his next of kin, provided he be not his heir, for it is his interest to preserve the lunatic's life, in order to increase the personal estate by savings, which he or his family may hereafter be entitled to enjoy. The heir is generally made the manager or committee of

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the estate, it being clearly his interest by good management to keep it in condition; accountable however to the court of 2 chancery, and to the non compos himself, if he recovers; or otherwise, to his administrators. [Exhibit marked B]

The Will where your power is.

Wills Act 1837 (UK) No 26 (as at 03 September 2007), Imperial Act Interpretation
The words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say), The word will shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, by virtue of the Tenures Abolition Act 1660, or by virtue of an Act passed in the Parliament of Ireland in the fourteenth and fifteenth years of the reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and tenures in capite and by knight's service, and to any other testamentary disposition; and The words real estate shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein; and The words personal estate shall extend to leasehold estates and other chattels real, and also to monies, shares of government and other funds, securities for money (not being real estates), debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolves upon the executor or administrator, and to any share or interest therein; and Every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and Every word importing the masculine gender only shall extend and be applied to a female as well as a male. Will: The reference to the Tenures Abolition Act 1660, being the Short Title given by section 5 Statute Law Revision Act 1948 (UK), has been substituted for a reference to an Act passed in the twelfth year of the reign of King Charles the Second, intituled An Act for taking away the Court of Wards and Liveries, and tenures in capite and by knight's service, and purveyance, and for settling a revenue upon His Majesty in lieu thereof. The Short Title of the Irish Act of 14 and 15 Charles II is the Tenures Abolition Act (Ireland) 1662. The Tenures Abolition Act 1660 was repealed as part of the law of New Zealand by section 35(2) of the Guardianship Act 1968. As to the power of the mother and father of a child to appoint testamentary guardians, 3 see section 7 Guardianship Act 1968.
The paper, documents, instruments, deeds, notes, bills and other writing material is an inclosure, an inter vivos testamentary cestui que trust that conveys ones power (free will) in the written words itself. However, the trick is it creates a disposition that reduces one to a child, infant, lunatic and idiot, a person, legal disability lost to the see under custody and tuition. A man or a woman is not a person but has a person, a utility for conducting all commercial transactions. It also creates an insolvent deceased estate in ones name and charges them as the trustee for using it. The remedy is to establish ones title as the beneficiary whose estate is held in trust for his/her benefit to discharge all costs and liabilities, for full cure and maintenance separating people from the paper as the surety. Security of the person for the debtor.

http://studymore.org.uk/2s.htm

http://www.legislation.govt.nz/act/imperial/1837/0026/latest/DLM11562.html
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Figure 1: The General Inclosures Act 1845 demonstrates the application of the paper as an inclosure, the Wills Act and conveyance of power through the written by a testament to third party in trust.4 page 16 No.14 paragraph 3. Appendix to the Journals of the House of Representatives, 1875 Session I [Exhibit marked C]

The conversion of power into currency

Figure 2: From writing about the corn laws, A Critical Examination of the Twelve Resolutions of Mr. Joseph Hume on the loan of fifteen millions for slave compensation: also, a review of the financial operations of the British Government 1794; and an introductory discourse on the nature of annuities, and on the obstacles interposed by the corn-laws and the English system of currency to a reduction the interest on the national debt, by Richard Page, we see how ones will (power) is converted into currency through the paper, by the banks and private bodies of men (corporations). 5 [Exhibit marked D]

Insolvency and Bankruptcy as a process of conversion to create credit

Figure 3:6 From the insolvency proceedings which were passed and enacted in 1840: The purpose behind this process is to take legal title over the equitable title, bankrupting the lawful owner (the will maker) by the creation of an insolvent deceased estate in their name, a Cestui que trust and reducing them to an infant under the King Charles II Royal Prerogative securing to the beneficiary all interests and remedies to the security of his/her person (trustee) until he or she becomes of full age and capacity. [Exhibit marked E]
4 5

G-01 REPORTS FROM OFFICERS IN NATIVE DISTRICTS.

http://www.scribd.com/doc/72975232-A-Critical-Examination-of-the-Twelve-Resolutions

http://www.scribd.com/doc/72101598/1840-X-LC-XX-PROCEEDINGS-0000-0154 (pages 10 and 11)

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The global Maori as an infant, lunatic under legal disability

Figure 4: From An Act to provide for the management of Real Estate belonging to infants and others of the Maori race under disability [10th October 1867]7. In summary, the will conveyed by a testament creates a person that puts the will maker conveys his power through a testament on paper where it creates a person under legal disability under the will makers tuition. The will maker is commanding the person on the paper. The person cannot make a claim against the will maker because he is the beneficiary in the trust relationship. This is overseen by the spirit of exchange, the wairua. The Maori is conveyed on the ma (paper) as the original issue from the land. As shown in the Maori Purposes Act below, anyone native is Maori. As we stand at the beginning of time and first in law, it effects everyone globally. That is why Te Ture Whenua Maori/Maori Land Act 1993 can applied as a global application.

Te Ture Whenua Maori Act 1993

An Act to reform the laws relating to Maori land in accordance with the principles set out in the Preamble Whereas the Treaty of Waitangi established the special relationship between the Maori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Maori people and, for that reason, to promote the retention of that land in the hands of its owners, their whanau, and their hapu, and to protect wahi tapu: and to facilitate the occupation, development, and utilisation of that land for the benefit of its owners, their whanau, and their hapu: And whereas it is desirable to

http://www.scribd.com/doc/73237366/The-Statutes-of-NZ-Cestui-Que-Trust-Connection
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maintain a court and to establish mechanisms to assist the Maori people to achieve the implementation of these principles.

Maori Purposes Act 1947 No 59 (as at 03 September 2007), Public Act

Alteration of term Native to Maori (1) Except as otherwise provided by this Act, all references to a Native in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever, shall, unless inconsistent with the context, be hereafter read as references to a Maori. (2) Except as otherwise provided by this Act, wherever the term Native appears in any Act, regulation, rule, bylaw, order, or other enactment, or in any contract, agreement, deed, instrument, application, licence, notice, or other document as descriptive of any person, body, corporation, office, purpose, land, building, reserve, or place, that term shall, unless inconsistent with the context of the enactment or document, be hereafter read as the term Maori.

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The nature of the relationship today

Statutes relating to Dispositions, Documents and Instruments
Wills Act 2007 No 36 (as at 24 April 2008), Public Act
Interpretation disposition includes o (a) the creation by will of a power of appointment; and o (b) the exercise by will of a power of appointment document means any material on which there is writing personal representative means administrator, executor, or trustee will-maker o (a) means a person who makes, changes, revokes, or revives a will; and o (b) is the equivalent of testator and testatrix. Section 8 Meaning of will (1) Will means a document that o (a) is made by a natural person; and o (b) does any or all of the following: (i) disposes of property to which the person is entitled when he or she dies; or (ii) disposes of property to which the person's personal representative becomes entitled as personal representative after the person's death; or (iii) appoints a testamentary guardian. (2) When this Act refers to making, changing, revoking, or reviving a will, it means a will as defined in subsection (1). (3) When this Act refers to a will in any other context, it means whichever is appropriate of the following: o (a) a will as defined in subsection (1); or o (b) a document that changes a will as defined in subsection (1); or o (c) a document that revokes a will as defined in subsection (1); or o (d) a document that revives a will as defined in subsection (1); or o (e) a codicil to a will as defined in subsection (1). (4) A person who may dispose of property during his or her life by a document creating a valid power or trust may dispose of property by his or her will by creating a power or trust of the same kind. (5) In this section, property o (a) includes (i) a contingent, executory, or future interest in property; and (ii) a right of entry to property; and (iii) a right of recovery of property; and (iv) a right to call for the transfer of title to property; and o (b) does not include property of which a person is a trustee when he or she dies. (6) Section 108 of Te Ture Whenua Maori Act 1993 overrides this section. Compare: Wills Act 1837 ss 1, 3 (UK)

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Administration Act 1969 No 52 (as at 01 July 2009), Public Act

Interpretation (1) In this Act, unless the context otherwise requires, Administration means probate of the will of a deceased person, and includes letters of administration of the estate of a deceased person, granted with or without a will annexed, for general, special, or limited purposes, and in the case of a trustee corporation includes an order to administer and an election to administer Administrator means any person to whom administration is granted; and includes a trustee corporation in any case where it is deemed to be an executor or administrator by reason of having filed an election to administer Estate means real and personal property of every kind, including things in action Will includes a codicil References to a child or issue living at the death of any person include a child or issue who is conceived but not born at the death but who is subsequently born alive. (2) Nothing in this Act shall affect any special provision in any Act for the time being in force relating to the wills of Maoris or to the obtaining of administration of the estate of a deceased Maori or the distribution of the estate of a deceased Maori. Compare: 1952 No 56 s 2

Property Law Act 2007 No 91 (as at 01 November 2010), Public Act

instrument o (a) means any use of words, figures, or symbols (for example, an agreement, contract, deed, grant, or memorandum, or some other document that is certified, executed, or otherwise approved by or on behalf of a party or parties, or a judgment, order, or process of a court) that (i) creates, evidences, modifies, or extinguishes legal or equitable rights, interests, or liabilities (without being lodged, filed, or registered under an enactment, or after being so lodged, filed, or registered, or both); and (ii) is in a visible and tangible form and medium (for example, in handwriting, print, or both), or is in an electronic form in accordance with the Electronic Transactions Act 2002 or the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002; and o (b) includes any instrument as defined in section 2 of the Land Transfer Act 1952; and o (c) includes any covenant expressed or implied (under this or any other enactment) in, and any variation of, any instrument as defined in paragraph (a) or (b); but o (d) does not include an enactment (though it may be in a form prescribed by one, or have covenants or terms implied in it under one, or both)

Customs and Excise Act 1996 No 27 (as at 29 November 2010), Public Act
Interpretation document o (a) means a document in any form, whether or not signed or initialled or otherwise authenticated by the maker; and o (b) includes (i) any form of writing on material: (ii) information recorded, transmitted, or stored by means of a tape recorder, computer, or other device, and material subsequently derived from information so recorded, transmitted, or stored: (iii) a label, marking, or other form of writing that identifies anything of which it forms part or to which it is attached by any means: (iv) a book, map, plan, graph, or drawing: (v) a photograph, film, negative, tape, or other 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
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Life insurance contract means a contract lawfully entered into to the extent that it places a sum or sums at risk upon the contingency of the termination or continuance of human life, marriage, civil union or de facto relationship, or the birth of a child

Here on you will see in my mind the exchange of power to create a currency charge that eventually gets discharged. Following, the insolvency is the disposition when anything is put into trust. Insolvency Act 2006 No 55 (as at 01 November 2010), Public Act
Disposition of property to trustee for benefit of creditors (1) A debtor commits an act of bankruptcy if, in New Zealand or elsewhere, the debtor disposes of all, or substantially all, of the debtor's property to a trustee for the benefit of all or any of the debtor's creditors. (2) This section is subject to section 41(3)(a). Compare: 1967 No 54 s 19(1)(a)

Crown Grants Act 1908 No 33 (as at 03 September 2007), Public Act 1 Short Title, etc (1) The Short Title of this Act is the Crown Grants Act 1908. (2) This Act is a consolidation of the enactments mentioned in Schedule 1 hereto, and with respect to those enactments the following provisions shall apply: o (a) All Crown grants, certificates, orders, notifications, registers, records, instruments, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall ensure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated: o (b) All matters and proceedings commenced under any such enactment and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

Goods and Services Tax Act 1985 No 141 (as at 23 November 2010), Public Act
Interpretation money includes o (a) bank notes and other currency, being any negotiable instruments used or circulated, or intended for use or circulation, as currency; and o (b) postal notes and money orders; and o (c) promissory notes and bills of exchange, whether of New Zealand or any other country, but does not include a collector's piece, investment article, or item of numismatic interest name, in relation to a registered person, includes o (a) the name (if any) specified by the registered person as a trading name in the person's application for registration under this Act; or o (b) any trading name subsequently notified to the Commissioner under section 53(2) of this Act as the name the registered person wishes to use for the purpose of issuing or creating tax invoices and credit or debit notes under this Act Trustee includes an executor and administrator; and also includes Public Trust and the Maori Trustee life insurance contract means a contract lawfully entered into to the extent that it places a sum or sums at risk upon the contingency of the termination or continuance of human life, marriage, civil union or de facto relationship, or the birth of a child, but not to the extent that it provides for entitlements under Schedule 1, Part 5 of the Accident Insurance Act 1998 (which relates to entitlements arising from fatal injuries).

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Who is the Crown?

Establishing your title.
Remedies for the beneficiary in their executive position as the Crown, and must proceed as the Crown. If one does not proceed as the Crown in all their affairs they will be subject to the servants. Crown Proceedings Act 1950 No 54 (as at 01 January 2011), Public Act
2 Interpretation Agent, in relation to the Crown, includes an independent contractor employed by the Crown Attorney-General, in respect of any power, duty, authority, or function imposed upon or vested in him by virtue of his office as Attorney-General otherwise than under section 14 of this Act, includes the Solicitor-General Civil proceedings means any proceedings in any Court other than criminal proceedings; but does not include proceedings in relation to habeas corpus, mandamus, prohibition, or certiorari or proceedings by way of an application for review under Part 1 of the Judicature Amendment Act 1972 to the extent that any relief sought in the application is in the nature of mandamus, prohibition, or certiorari Civil proceedings: this definition was amended, as from 20 October 1972, by section 14(1) Judicature Amendment Act 1972 (1972 No 130) by inserting the words or proceedings by way of an application for review under Part 1 of the Judicature Amendment Act 1972 to the extent that any relief sought in the application is in the nature of mandamus, prohibition, or certiorari. Order includes a judgment, decree, rule, award, or declaration Proceedings against the Crown includes a claim by way of set-off or counterclaim raised in proceedings by the Crown Servant, in relation to the Crown, means any servant of Her Majesty, and accordingly (but without prejudice to the generality of the foregoing provision) includes a Minister of the Crown, and a member of the New Zealand armed forces; but does not include the Governor-General, or any Judge, District Court Judge, Justice of the Peace, Community Magistrate, or other judicial officer

Naval Prize Act 1864 No 25 (as at 03 September 2007), Imperial Act

52 Jurisdiction of High Court of Admiralty on Petitions of Right in certain cases, as in 23 & 24 Vict c 34 A Petition of Right, under the Petitions of Right Act 1860, may, if the suppliant thinks fit, be intituled in the High Court of Admiralty, in case the subject matter of the petition or any material part thereof arises out of the exercise of any belligerent right on behalf of the Crown, or would be cognizable in a Prize Court within Her Majesty's dominions if the same were a matter in dispute between private persons. Any Petition of Right under the last-mentioned Act, whether intituled in the High Court of Admiralty or not, may be prosecuted in that Court, if the Lord Chancellor thinks fit so to direct. The provisions of this Act relative to appeal, and to the framing and approval of general orders for regulating the procedure and practice of the High Court of Admiralty, shall extend to the case of such Petition of Right intituled or directed to be prosecuted in that Court; and, subject thereto, all the provisions of the Petitions of Right Act, 1860, shall apply, mutatis mutandis, in the case of any such Petition of Right; and for the purposes of the present section the terms Court and Judge in that Act shall respectively be understood to include and to mean the High Court of Admiralty and the Judge thereof, and other terms shall have the respective meanings given to them in that Act.

Judicature Amendment Act 1972 No 130, Public Act

Interpretation In this Part of this Act, unless the context otherwise requires, Application for review means an application under subsection (1) of section 4 of this Act Decision includes a determination or order Licence includes any permit, warrant, authorisation, registration, certificate, approval, or similar form of authority required by law Person includes a corporation sole, and also a body of persons whether incorporated or not; and, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power of decision, includes a District Court,, the Compensation Court, the Maori Land Court, and the Maori Appellate Court
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Person: the reference to a District Court was substituted for a reference to a Magistrate's Court, as from 1 April 1980, pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125). Person: amended, as from 8 March 1974, by section 234(1) Industrial Relations Act 1973 (1973 No 19) by substituting the words the Arbitration Court for the words the Industrial Court, the Industrial Commission. Further amended, as from 1 August 1987, by section 341 Labour Relations Act 1987 (1987 No 77) by omitting the words the Arbitration Court. Statutory power means a power or right conferred by or under any Act or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate o (a) To make any regulation, rule, bylaw, or order, or to give any notice or direction having force as subordinate legislation; or o (b) To exercise a statutory power of decision; or o (c) To require any person to do or refrain from doing any act or thing that, but for such requirement, he would not be required by law to do or refrain from doing; or o (d) To do any act or thing that would, but for such power or right, be a breach of the legal rights of any person; or o (e) To make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person: Statutory power: amended, as from 7 October 1977, by section 10(1) Judicature Amendment Act 1977 (1977 No 32) by inserting the words or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate. Statutory power: further amended, as from 7 October 1977, by section 10(2) Judicature Amendment Act 1977 (1977 No 32) by inserting the word or and paragraph (e). Statutory power of decision means a power or right conferred by or under any Act, or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting o (a) The rights, powers, privileges, immunities, duties, or liabilities of any person; or o (b) The eligibility of any person to receive, or to continue to receive, a benefit or licence, whether he is legally entitled to it or not. Statutory power of decision: amended, as from 7 October 1977, by section 10(3) Judicature Amendment Act 1977 (1977 No 32) by substituting the words , or by or under the constitution or other instrument of incorporation, rules, or bylaws of anybody corporate, to make a decision deciding or prescribing or affecting for the words to make a decision describing or prescribing. 14 Application of Crown Proceedings Act 1950 (1) Section 2 of the Crown Proceedings Act 1950 is hereby amended by adding to the definition of the term civil proceedings, in subsection (1), the words or proceedings by way of an application for review under Part I of the Judicature Amendment Act 1972 to the extent that any relief sought in the application is in the nature of mandamus, prohibition, or certiorari. (2) In its application to the Crown, this Part of this Act shall be read subject to the Crown Proceedings Act 1950, as amended by subsection (1) of this section. Part 1 Single procedure for the judicial review of the exercise of or failure to exercise a statutory power 5 Defects in form, or technical irregularities On an application for review in relation to a statutory power of decision, where the sole ground of relief established is a defect in form or a technical irregularity, if the Court finds that no substantial wrong or miscarriage of justice has occurred, it may refuse relief and, where the decision has already been made, may make an order validating the decision, notwithstanding the defect or irregularity, to have effect from such time and on such terms as the Court thinks fit. 6 Disposal of proceedings for mandamus, prohibition, or certiorari Where proceedings are commenced for a writ or order of or in the nature of mandamus, prohibition, or certiorari, in relation to the exercise, refusal to exercise, or proposed or purported exercise of a statutory power, the proceedings shall be treated and disposed of as if they were an application for review. 7 Disposal of proceedings for declaration or injunction Where proceedings are commenced for a declaration or injunction, or both, whether with or without a claim for other relief, and the exercise, refusal to exercise, or proposed or purported exercise of a statutory power is an issue in the
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proceedings, the Court on the application of any party to the proceedings may, if it considers it appropriate, direct that the proceedings be treated and disposed of, so far as they relate to that issue, as if they were an application for review.

Causes of action for remedy sought

Illegal Contracts Act 1970 No 129 (as at 03 December 2007), Public Act
6 Illegal contracts to be of no effect (1) Notwithstanding any rule of law or equity to the contrary, but subject to the provisions of this Act and of any other enactment, every illegal contract shall be of no effect and no person shall become entitled to any property under a disposition made by or pursuant to any such contract: Provided that nothing in this section shall invalidate o (a) Any disposition of property by a party to an illegal contract for valuable consideration; or o (b) Any disposition of property made by or through a person who became entitled to the property under a disposition to which paragraph (a) of this proviso applies if the person to whom the disposition was made was not a party to the illegal contract and had not at the time of the disposition notice that the property was the subject of, or the whole or part of the consideration for, an illegal contract and otherwise acts in good faith. (2) In this section, disposition means o (a) any conveyance, transfer, assignment, settlement, delivery, payment, or other alienation of property, whether at law or in equity: o (b) the creation of a trust: o (c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, or other right, estate, or interest in or over any property, whether at law or in equity: o (d) the release, discharge, surrender, forfeiture, or abandonment, at law or in equity, of any debt, contract, or thing in action, or of any right, power, estate, or interest in or over any property; and for this purpose a debt, or any other right, estate, or interest, shall be deemed to have been released or surrendered when it has become irrecoverable or unenforceable by action through the lapse of time: o (e) the exercise of a general power of appointment in favour of any person other than the donee of the power: o (f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of that person's own estate and to increase the value of the estate of any other person. Section 6(2): substituted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55). 3 Claims enforceable by or against the Crown under this Act (1) Subject to the provisions of this Act and any other Act, all debts, damages, duties, sums of money, land, or goods, due, payable or belonging to the Crown shall be sued for and recovered by proceedings taken for that purpose in accordance with the provisions of this Act: Provided that nothing in this subsection shall interfere with or restrict any special power or authority vested in the Crown, or in any person on its behalf, with respect to all or any of the matters mentioned in this subsection. (2) Subject to the provisions of this Act and any other Act, any person (whether a subject of Her Majesty or not) may enforce as of right, by civil proceedings taken against the Crown for that purpose in accordance with the provisions of this Act, any claim or demand against the Crown in respect of any of the following causes of action: o (a) The breach of any contract or trust: o (b) Any wrong or injury for which the Crown is liable in tort under this Act or under any other Act which is binding on the Crown: o (c) Any cause of action, in respect of which a claim or demand may be made against the Crown under this Act or under any other Act which is binding on the Crown, and for which there is not another equally convenient or more convenient remedy against the Crown: o (d) Any cause of action, which is independent of contract, trust, or tort, or any Act, for which an action for damages or to recover property of any kind would lie against the Crown if it were a private person of full age and capacity, and for which there is not another equally convenient or more convenient remedy against the Crown: o (e) Any other cause of action in respect of which a petition of right would lie against the Crown at common law or in respect of which relief would be granted against the Crown in equity.
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Compare: 1908 No 34 s 3; 1910 No 54 ss 3, 4; Crown Proceedings Act 1947, s 1 (UK) 6 Liability of the Crown in tort (1) Subject to the provisions of this Act and any other Act, the Crown shall be subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subject o (a) In respect of torts committed by its servants or agents; o (b) In respect of any breach of those duties which a person owes to his servants or agents at common law by reason of being their employer; and o (c) In respect of any breach of the duties attaching at common law to the ownership, occupation, possession, or control of property: Provided that no proceedings shall lie against the Crown by virtue of paragraph (a) of this subsection in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Act have given rise to a cause of action in tort against that servant or agent or his estate. (2) Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Act, the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be so subject if it were a private person of full age and capacity. (3) Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown. (4) Any enactment which negatives or limits the amount of the liability of any Government Department or officer of the Crown in respect of any tort committed by that Department or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that Department or officer, apply in relation to the Crown as it would have applied in relation to that Department or officer if the proceedings against the Crown had been proceedings against that Department or officer. (5) No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsibilities which he has in connection with the execution of judicial process. Compare: 1910 No 54 ss 3(c), 4; Crown Proceedings Act 1947, s 2 (UK)

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The trustee and remedy

Trustee Act 1956 No 61 (as at 01 January 2011), Public Act
The instructions in the 77 Payment by trustees to Crown (1) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may, on filing in the Court nearest to which they or the majority of them reside an affidavit describing the instrument creating the trust and giving particulars of the persons beneficially entitled under the trust according to the best of their knowledge and belief, and on serving a copy of the affidavit on the Secretary to the Treasury, pay the money or transfer the securities (if they can legally be so transferred) to the Crown in the matter of the particular trust, which shall be described in the affidavit by the names of the parties as accurately as may be for the purpose of distinguishing it. All money and securities so paid or transferred shall be administered in the Treasury. All such money and all money derived from securities which have been transferred to or vested in the Crown under this section shall be credited by the Secretary to the Treasury to the Trust Account established under section 42 of the Public Finance Act 1977 to be dealt with as hereafter provided in this Act. (2) The receipt of the Secretary to the Treasury shall be a sufficient discharge to the trustees for the money or securities paid or transferred to the Crown under this section. (3) Where money or securities are vested in any persons as trustees, and the majority are desirous of paying or transferring the same to the Crown as aforesaid, but the concurrence of the other or others cannot be obtained, the Court may order the payment or transfer to the Crown to be made by the majority without the concurrence of the other or others. (4) Where any such money or securities are deposited with any banker, broker, or other depositary, the Court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment or transfer to the Crown. (5) Every transfer, payment, and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid, or delivered. (6) The Secretary to the Treasury may at any time sell any securities held by the Crown under this section. (7) Where any securities have been transferred to or deposited with any Registrar under section 67 of the Trustee Act 1908 or under the corresponding provisions of any former enactment and are held by him at the commencement of this Act, those securities shall thereupon vest without transfer or assignment in the Crown. (8) Where any trustee has obtained or is seeking a discharge in respect of any money or securities under this section or has obtained such a discharge under the corresponding provisions of any former section, the Secretary to the Treasury may at any time require that trustee to give such information in his possession or control as he may require in relation to the persons beneficially entitled to the money or securities, including information as to the steps taken to trace those persons; and if any person refuses or wilfully neglects to give any such information that is in his possession or control when so required, or wilfully gives any false information in answer to any such requisition, he commits an offence and shall be liable on summary conviction to a fine not exceeding $200. Compare: Trustee Act 1925 (UK), s 63; 1908 No 200 ss 66, 67, 68, 71 In subsection (1), the reference to the Trust Account was substituted for a reference to a deposit account by section 7(3) of the Public Revenues Amendment Act 1963; and section 42 of the Public Finance Act 1977 has been substituted for section 38 of the repealed Public Revenues Act 1953.

Administration Act 1969 No 52 (as at 01 July 2009), Public Act

68 Bondsmen and sureties deemed to be trustees Every person who, in the capacity of bondsman or surety for another, receives money or other property belonging to the estate of any deceased person shall be deemed to be a trustee within the meaning of the Trustee Act 1956 in respect of that money or property, and may under that Act apply for relief and to be discharged from the custody of the money or property. Compare: 1952 No 56 s 44

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Public Finance Act 1989 No 44 (as at 23 July 2011), Public Act

66 Trust money (1) The following money shall be deemed to be trust money: o (a) money that is deposited with the Crown pending the completion of a transaction or dispute and which may become repayable to the depositor or payable to the Crown or any other person: o (b) all money that is paid into court for possible repayment to the payee or a third party, by virtue of any Act, rule, or authority whatsoever: o (c) all money that is paid to the Crown in trust for any purpose: o (d) money that belongs to or is due to any person and is collected by the Crown pursuant to any agreement between the Crown and that person: o (e) unclaimed money that is due to or belongs to any person and is deposited with the Crown. (2) All trust money held by the Crown shall be accounted for separately from public money. (3) All trust money shall be the responsibility of the Treasury on behalf of the Crown. (4) The Treasury may appoint a department or any agent to manage some or all trust money on such terms and conditions as the Treasury from time to time determines. (5) The Crown or the agent appointed under subsection (4) may charge a fee for the management of trust money at such rate or rates as the Minister from time to time determines. Such fee shall be payable from trust money held. Compare: 1977 No 65 ss 42, 52

Judicature Act 1908 No 89 (as at 01 May 2011), Public Act

84 A surety who discharges the liability to be entitled to assignment of all securities held by the creditor Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, pays or satisfies such debt or performs such duty shall be entitled to have assigned to him, or a trustee for him, every judgment, specialty, or other security held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security is or is not deemed at law to be satisfied by the payment of the debt or performance of the duty. Compare: 1880 No 12 s 81 85 Rights of surety in such case (1) Every such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person paying or satisfying such debt or performing such duty. (2) Such payment, satisfaction, or performance made by such surety shall not be pleadable in bar of any such action or other proceeding by him. Compare: 1880 No 12 s 82 Section 85(1): amended, on 1 January 1986, by section 11(1) of the Judicature Amendment Act (No 2) 1985 (1985 No 112). 92 Discharge of debt by acceptance of part in satisfaction An acknowledgement in writing by a creditor, or by any person authorised by him in writing in that behalf, of the receipt of a part of his debt in satisfaction of the whole debt shall operate as a discharge of the debt, any rule of law notwithstanding. Compare: 1904 No 12 s 2 2D Meaning of security (1) In this Act, unless the context otherwise requires, the term security means any interest or right to participate in any capital, assets, earnings, royalties, or other property of any person; and includes o (a) an equity security; and o (b) a debt security; and o (c) a unit in a unit trust; and o (d) an interest in a superannuation scheme; and o (e) a life insurance policy; and
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o (f) any interest or right that is declared by regulations to be a security for the purposes of this Act; and o (g) any renewal or variation of the terms or conditions of any such interest or right; but does not include any such interest or right (other than a security referred to in paragraph (f) of this subsection) that is declared by regulations not to be a security for the purposes of this Act. (2) Where the terms of a security require or allow the subscriber to pay separate amounts of money at different times, each such payment shall, for the purposes of this Act, be treated as payment for the same security as each other payment. Section 2D: inserted, on 1 October 1997, by section 4 of the Securities Amendment Act 1996 (1996 No 100).

Insolvency Act 2006 No 55 (as at 01 November 2010), Public Act

254 Mutual credit and set-off (1) If there have been mutual credits, mutual debts, or other mutual dealings between a bankrupt and another person, o (a) an account must be taken of what is due from the one party to the other in respect of those credits, debts, or dealings; and o (b) an amount due from one party to the other must be set off against an amount due from the other party; and o (c) only the balance of the account may be proved in the bankruptcy, or is payable to the Assignee, as the case may be. (2) However, a person (A) may not claim the benefit of any set-off against an amount due by the bankrupt if, when (A) gave credit to the bankrupt, (A) had notice of an available act of bankruptcy by the bankrupt. (3) A creditor of the bankrupt who claims a set-off must declare in that person's creditor's claim form that, when the creditor gave the bankrupt credit, the creditor did not have notice of an available act of bankruptcy by the bankrupt. Compare: 1967 No 54 s 93; 1993 No 105 s 310(1)

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The beneficiary or the security of the person for the debtor

Income Tax Act 2007 No 97 (as at 01 November 2010), Public Act
Meaning of beneficiary (5) In this section, beneficiary o (a) means (i) a person to whom a testator has left the property in their will; or (ii) a person to whom the testator has given a right to buy the property in their will; and o (b) includes a person who is entitled to the property under (i) an order of a court under the Family Protection Act 1955; or (ii) a deed of family arrangement.

DX 1 Testamentary annuities
When this section applies (1) This section applies when o (a) property is subject to the payment of an annuity (i) because of a provision in a will; or (ii) because of a court order under the Family Protection Act 1955; or (iii) because of a deed of family arrangement; and o (b) the property, or property substituted for it, is transferred to a beneficiary; and o (c) the property transferred, or property that the beneficiary substitutes for it, is charged with the payment of the annuity or part of the annuity. Deduction (2) The owner of the property, or the substituted property, is allowed a deduction for an amount that they pay on account of the annuity. Exclusion (3) The owner is denied a deduction o (a) if the owner is not a beneficiary but a person who has bought the property subject to the condition that they assume the liability for the annuity, or a part of it: o (b) to the extent to which the annuity is payable under a court order or under a deed of family arrangement and represents consideration for the purchase of the property, or the substituted property, by the owner.

Securities Act (World Bank) Exemption Notice 2007 (SR 2007/392)

Interpretation bonds means debt securities issued under the World Bank's global debt issuance facility or under any successor to that facility offer documents means the World Bank's deed poll and most recent prospectus, pricing supplement, and information statement World Bank means the International Bank for Reconstruction and Development of which the New Zealand Government is a member under the International Finance Agreements Act 1961.

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Securities Act 1978 No 103 (as at 16 August 2010), Public Act

Interpretation (1) In this Act, unless the context otherwise requires, allot includes sell, issue, assign, and convey; and allotment has a corresponding meaning The Crown includes a Government department debt security means any interest in or right to be paid money that is, or is to be, deposited with, lent to, or otherwise owing by, any person (whether or not the interest or right is secured by a charge over any property); and includes o (a) a debenture, debenture stock, bond, note, certificate of deposit, and convertible note; and o (b) an interest or right that is declared by regulations to be a debt security for the purposes of this Act; and o (c) a renewal or variation of the terms or conditions of any such interest or right or of a security referred to in paragraph (a) or paragraph (b) of this definition; but does not include o (d) an interest in a contributory mortgage where the interest is offered by a contributory mortgage broker; or o (e) any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this definition that is declared by regulations not to be a debt security for the purposes of this Act: equity security means any interest in or right to a share in, or in the share capital of, a company; and includes o (a) a preference share, and company stock; and o (b) a security that is declared by regulations to be an equity security for the purposes of this Act; and o (c) a renewal or variation of the terms or conditions of any such interest or right or a security referred to in paragraph (a) or paragraph (b) of this definition; but does not include any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this definition that is declared by regulations not to be an equity security for the purposes of this Act participatory security means any security other than o (a) an equity security; or o (b) a debt security; or o (c) a unit in a unit trust; or o (d) an interest in a superannuation scheme; or o (e) a life insurance policy: participatory security trustee means a person appointed as a trustee in respect of participatory securities person includes a corporation sole, a company or other body corporate (whether incorporated in New Zealand or elsewhere), an unincorporated body of persons, a public body, and a Government department security holder, in relation to a security offered to the public, means o (a) in the case of a bearer security or a security to which section 51 of this Act does not apply, the holder of that security; or o (b) in the case of any other security, the person who is registered as the holder of the security in a register kept pursuant to section 51 of this Act: trustee means a person appointed as a trustee in respect of debt securities for the purposes of, and in accordance with, this Act trustee corporation means Public Trust or the Maori Trustee or any corporation authorised by any Act of the Parliament of New Zealand to administer the estates of deceased persons and other trust estates. writing includes o (a) the recording of words in a permanent and legible form; and o (b) the display of words by any form of electronic or other means of communication in a manner that enables the words to be readily stored in a permanent form and, with or without the aid of any equipment, to be retrieved and read; and written has a corresponding meaning.

Social Security Act 1964 No 136 (as at 29 November 2010), Public Act
Interpretation (1) In this Act, unless the context otherwise requires, applicant, in relation to any benefit, means a person by whom or on whose behalf an application is made for the benefit; and, where the context so requires, includes a beneficiary application means an application for a benefit beneficiary means a person who has been granted a benefit; and includes a person in respect of whom a benefit or part of a benefit has been granted
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contract of insurance includes a contract or an arrangement that, in the opinion of the chief executive, is similar to or analogous with a contract of insurance debt insurance payment, in relation to a person, means a payment made, or the value of any credit provided, on the occurrence of a contingency o (a) under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and o (b) to the person or to some other person on behalf of or for the benefit of the person; and o (c) for the sole purpose of, and used for, repaying or paying any amounts on account of any existing debt of the person document means a document in any form; and includes o (a) any writing on any material: o (b) any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: o (c) any label, marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means: o (d) any book, map, plan, graph, or drawing: o (e) any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced existing debt, in relation to a person, means a debt or liability of the person in existence on the date on which a contingency occurs that gives rise to a right or eligibility of the person to receive a payment under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate whether or not the debt or liability is due for payment on that date; but does not include a liability in connection with the future supply of goods or services or transport or accommodation to the person or a member of his or her family (A) to repay or pay any amounts on account of existing debt of the applicant; or (B) to pay any essential costs arising as a consequence of the applicant's health or disability (being costs arising from the contingency in respect of which the payment was made) to the extent that assistance towards those costs is not available under this Act or any other Act: income-related insurance payment, in relation to a person, means a payment, or the value of any credit or service, that, in the opinion of the chief executive, having regard to the matters specified in subsection (4), is o (a) made or provided on the occurrence of a contingency under a contract of insurance or by reason of the person's membership of any society, organisation, or body whether corporate or unincorporate; and o (b) made or provided to the person or to some other person on behalf of or for the benefit of the person or a member of his or her family; and o (c) made or provided or used for an income-related purpose: 84 Benefits to be inalienable (1) Subject to the provisions of the Family Benefits (Home Ownership) Act 1964, or the Child Support Act 1991 or the Student Loan Scheme Act 1992 and of section 82 of this Act, no benefit shall be capable of being assigned or charged or of passing to any other person by operation of law. (2) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $100, who demands or accepts from any beneficiary any benefit order or any acknowledgment or undertaking where that demand, acceptance, acknowledgment, or undertaking would constitute a legal or an equitable assignment of or a charge upon any benefit if the benefit were capable of being legally assigned or charged. (3) [Repealed]

Set-Off Act 1729 No 22 (as at 03 September 2007), Imperial Act

Mutual Debts to be set one against the other This clause amended and made perpetual by 8 Geo 2 c 24 And be it further enacted by the Authority aforesaid, that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as Executor or Administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other and such matter may be given in evidence upon the general issue, or pleading in Bar, as the nature of the case shall require, so as at the time of his pleading the general issue, where any such debt of
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the plaintiff, his testator or intestate, is intended to be insisted on in evidence, notice shall be given of the particular sum or debt so intended to be insisted on, and upon what account it became due, or otherwise such matter shall not be allowed in evidence upon such general issue Set-Off Act 1729 No 22 (as at 03 September 2007), Imperial Act

Set-Off Act 1735 No 24 (as at 03 September 2007), Imperial Act

The clause in the first recited act, relating to mutual debts, made perpetual. And whereas the provision for setting mutual debts one against the other, is highly just and reasonable at all times; be it therefore further enacted by the authority aforesaid, that the said clause in the said first recited Act, for setting mutual debts one against the other, shall be and remain in full force for ever Exception. And be it further enacted and declared by the authority aforesaid, that by virtue of the said clause in the said first recited Act contained, and hereby made perpetual, mutual debts may be set against each other, either by being pleaded in Bar, or given in evidence on the general issue, in the manner therein mentioned, notwithstanding that such debts are deemed in law to be of a different nature; unless in cases where either of the said debts shall accrue by reason of a penalty contained in any bond or specialty; and in all cases where either the debt for which the action hath been or shall be brought, or the debt intended to be set against the same hath accrued, or shall accrue, by reason of any such penalty, the debt intended to be set off, shall be pleaded in Bar, in which plea shall be shown how much is truly and justly due on either side; and in case the plaintiff shall recover in any such action or suit, judgment shall be entered for no more than shall appear to be truly and justly due to the plaintiff, after one debt being set against the other as aforesaid Set-Off Act 1735 No 24 (as at 03 September 2007), Imperial Act.

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