4Interpretation

### 4 Interpretation > *\[Section 4 Amended by 25 Geo. V No. 78 \]**\[Section 4 Amended by No. 47 of 1981, s. 2 \]**\[Section 4 Amended by No. 63 of 1963, s. 2 and Sched. 2 \]**\[Section 4 Amended by No. 63 of 1963, s. 117 and Sched. 6 \]**\[Section 4 Amended by No. 55 of 1976, s. 2 \]**\[Section 4 Amended by No. 62 of 1996, s. 3 and Sched. 1 \]*[*\[Section 4 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja57@GC1@Hpa@EN) In this Act, unless the contrary intention appears – > > > ***company*** includes any banking or mercantile or trading corporation, however created, and any company registered, incorporated, or constituted under or pursuant to any Act; > > > ***contingent right***, as applied to land, includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest, or possibility, is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent; > > > ***convey*** and ***conveyance***, applied to any person, include the execution by that person of every necessary or suitable assurance for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of any property whereof he is seised or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities required by law for the validity of the conveyance; > > > ***the Court*** means the Supreme Court or a judge; > > > ***devisee*** includes the heir of a devisee and the devisee of an heir, and any person who may claim right by devolution of title of a similar description; > > > [*\[Section 4 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja57@GC1@Hpa@EN) ***financial institution*** means any authorised deposit-taking institution, or the manager of any authorised deposit-taking institution, authorised under this Act to receive fixed deposits from trustees; > > > ***instrument*** includes Act; > > > ***land*** includes incorporeal as well as corporeal hereditaments, and any interest therein, and also an undivided share of land; > > > ***mortgage*** and ***mortgagee*** include and relate to every estate and interest regarded by law or in equity as merely a security for money, and every person deriving title under the original mortgagee; > > > ***pay*** and ***payment***, as applied in relation to stocks and securities, and in connection with the expression "into Court", include the deposit or transfer of the same in or into Court; > > > ***possessed*** applies to receipt of income of, and to any vested estate less than, a life estate, legal or equitable, in possession or in expectancy, in any land; > > > ***property*** includes real and personal property, and any estate and interest in any property, real or personal, and any debt and any thing in action, and any other right or interest, whether in possession or not, excluding only stock and choses in action in the construction and interpretation of [section 33](#GS33@EN) ; > > > ***representative*** includes – > > > > > > (a) the devisee or devisees, or the executor or executors, administrator or administrators, or the curator of the intestate estate of any person; > > > > > > > (b) the heir of any person who died intestate before 1874; > > > ***rights*** includes estate and interests; > > > ***securities*** means – > > > > > > (a) debentures, stocks, shares, bonds, or notes issued or proposed to be issued; > > > > > > > (b) any right or option in respect of any such debentures, stocks, shares, bonds, or notes; or > > > > > > > (c) [*\[Section 4 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja66@GC1@EN) interests in a registered scheme within the meaning of the Corporations Act – > > > > > > and in particular, without limiting the generality of the foregoing, includes – > > > > > > > (d) bills of exchange; > > > > > > > (e) promissory notes; > > > > > > > (f) [*\[Section 4 Amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja57@GC1@Hpb@EN) certificates of deposit issued by an authorised deposit-taking institution; and > > > > > > > (g) any money or securities for money paid into or deposited in Court to the credit of any cause, matter, or account; > > > ***shares*** means shares in the capital of a body corporate; > > > [*\[Section 4 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja67@GC1@EN) ***spouse***, in relation to a person, includes the person who is in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with that person; > > > ***stock*** includes fully paid-up shares, and, so far as relates to vesting orders made by the Court under this Act, includes debentures, shares in companies, and any fund, annuity, or security transferable in books kept by any company or society, or by instrument of transfer, either alone or accompanied by other formalities, and any share or interest therein; > > > ***transfer***, in relation to stock, includes the performance and execution of every deed, power of attorney, act, and thing on the part of the transferror to effect and complete the title in the transferee; > > > ***trust*** does not include the duties incident to an estate conveyed by way of mortgage, but, with this exception, ***trust*** includes implied and constructive trusts, and cases where the trustee has a beneficial interest in the trust property and the duties incident to the office of representative of a deceased person; > > > ***trustee*** includes – > > > > > > (a) any person seised or possessed of or entitled to any property subject to any trust as aforesaid; > > > > > > > (b) any person who has also a beneficial interest in the trust property; > > > > > > > (c) > > > > > > > (d) any company, corporation, firm, or association authorized by law to act as trustee, executor, or administrator of the estate of any deceased person; > > > > > > > (e) any representative in any way possessed of or entitled to any property subject to any trust express or implied; > > > > > > > (f) any trustee whose trust arises by construction or implication of law, but does not include a mortgagee; and > > > > > > > (g) joint trustees, executors, or administrators, where more than one person is acting in any of the said capacities; > > > ***trustee company*** means a trustee company within the meaning of the [Trustee Companies Act 1953](/view/html/inforce/2026-04-12/act-1953-072) ; > > [*\[Section 4 Amended by No. 101 of 2001, s. 24, Applied:28 Jun 2002\]*](/view/html/inforce/2002-06-28/act-2001-101#GS24@EN) > > > [*\[Section 4 Amended by No. 101 of 2001, s. 24, Applied:28 Jun 2002\]*](/view/html/inforce/2002-06-28/act-2001-101#GS24@EN) ***valuer*** means a person who is qualified to practise as a land valuer under [section 4 of the](/view/html/inforce/2026-04-12/act-2001-999#) [Land Valuers Act 2001](/view/html/inforce/2026-04-12/act-2001-999) .