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Glossary Legislative Definitions

Communicate

  1. Communicate means to transmit or make available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system, and communication has a corresponding meaning. Copyright Act 1994

 

Computer-generated

  1. Computer-generated, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work. Copyright Act 1994 

 

Copy (noun)

  1. Copy, in relation to a document, includes a copy of a copy and a copy that is not an exact copy of the document but is identical to the document in all relevant respects. Evidence Act 2006 

 

Copy (verb)

  1. Copy includes to copy by any electronic, optical, photographic, or other process. New Zealand Security Intelligence Service Act 1969

 

Copying

  1. Copying means, in relation to any description of work, reproducing, recording, or storing the work in any material form (including any digital format), in any medium and by any means. Copyright Act 1994

 

Data storage device

  1. Data storage device means any article or device (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. Electronic Transactions Act 2002 

 

Digital cadastral survey dataset

  1. Digital cadastral survey dataset means cadastral survey dataset in digital form. Cadastral Survey Act 2002 

 

Document

Document means a document in any form; and includes

(a) any writing on any material; and

(b) information recorded or stored by means of a tape-recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and

(c) a book, graph, or drawing; and

(d) a 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 equipment) of being reproduced.

Companies Act 1993

Document means

a) any material, whether or not it is signed or otherwise authenticated, that bears symbols (including words and figures), images, or sounds or from which symbols, images, or sounds can be derived, and includes

(i) a label, marking, or other writing which identifies or describes a thing of which it forms part, or to which it is attached:

(ii) a book, map, plan, graph, or drawing

(iii) a photograph, film, or negative; and

(b) information electronically recorded or stored, and information derived from that information.

Evidence Act 2006

Document means a document in any form whether signed or initialled or otherwise authenticated by its maker or not; and includes

(a) Any writing on any material

(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

(c) Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means

(d) Any book, map, plan, graph, or drawing

(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.

Fair Trading Act 1986

Official Information Act 1982

Privacy Act 1993

Local Government Official Information and Meetings Act 1987

New Zealand Security Intelligence Service Act 1969

Document means a document in any form; and includes

(b) information recorded or stored by means of any recording device, computer, or other electronic device, or any other device, and material subsequently derived from information so recorded or stored.

National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003 

 

Electronic

  1. Electronic means actuated by electric, magnetic, electro-magnetic, electro-chemical, or electro-mechanical energy; and in electronic form means in a form usable only by electronic means. Copyright Act 1994
  2. Electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic. Credit Contracts and Consumer Finance Act 2003; Public Records Act 2005; Electronic Transactions Act 2002
  3. Electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and phototonic. National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003 

 

Electronic communication

  1. Electronic communication means a communication by electronic means. Credit Contracts and Consumer Finance Act 2003; Electronic Transactions Act 2002 

 

Electronic message

  1. For the purposes of this Act, an electronic message is a message sent (a) using a telecommunications service; and (b) to an electronic address. Unsolicited Electronic Messages Act 2007 

 

File (verb)

  1. To file, in relation to any document, means to lodge the document in the form required by these rules in, or to send it by post or electronically in accordance with these rules to, the proper registry of the court, together with the fee (if any) payable for filing it. High Court Rules: Schedule 2 to the Judicature Act 1908 

 

Information

  1. Information includes information (whether in its original form or otherwise) that is in the form of a document, a signature, a seal, data, text, images, sound, or speech. Electronic Transactions Act 2002
  2. Information includes information in the form of a document, data, text, images, sound, or speech. National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003

 

Information system

  1. Information system means a system for producing, sending, receiving, storing, displaying, or otherwise processing electronic communications. Credit Contracts and Consumer Finance Act 2003; Electronic Transactions Act 2002 

 

Internet documents

  1. Internet document means a public document that is published on the Internet, whether or not there is any restriction on access to the document; and includes the whole or part of a website. National Library of New Zealand Act 2003 

 

Local authority

  1. A regional council or territorial authority. This includes: a council-controlled organisation; a council-controlled trading organisation; and a local government organisation. Public Records Act 2005 

 

Local authority archive

  1. A local authority record that: is no longer in current use by the controlling local authority; or has been in existence for 25 years or more (whether or not in current use); and includes a protected record; and a local authority record that the controlling local authority resolves is worth permanent preservation. Public Records Act 2005 

 

Local authority record

  1. Means a record or class of records in any form, in whole or in part, created or received (whether before or after the commencement of this Act) by a local authority in the conduct of its affairs. Public Records Act 2005 

 

Message

Message means information, whether in

(a) the form of text or writing; or

(b) the form of data; or

(c) the form of speech, music, or other sounds; or

(d) the form of visual images (animated or otherwise); or

(e) any other form; or

(f) any combination of forms.

Unsolicited Electronic Messages Act 2007 

 

Official information

Official information

(a) means any information held by

(i) a department; or

(ii) a Minister of the Crown in his official capacity; or

(iii) an organisation; and

(b) includes any information held outside New Zealand by any branch or post of

(i) a department; or

(ii) an organisation; and

(c) in relation to information held by the Ministry of Justice, includes information held by the Rules Committee appointed under section 51B of the Judicature Act 1908; and

(d) in relation to information held by a university (including Lincoln University), includes only information held by

(i) the Council of the university; or

(ii) the Senate, Academic Board, or Professorial Board of the university; or

(iii) any member of the academic staff of the university; or

(iv) any other officer or employee of the university; or

(v) any examiner, assessor, or moderator in any subject or examination taught or conducted by the university; but

(e) does not include information contained in

(i) library or museum material made or acquired and preserved solely for reference or exhibition purposes; or

(ii) material placed in the National Library of New Zealand by or on behalf of persons other than Ministers of the Crown in their official capacity or departments; or

(iii) any oral history provided to the National Library of New Zealand Te Puna Matauranga o Aotearoa in accordance with section 10 of the National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003; and

(f) does not include any information which is held by a department, Minister of the Crown, or organisation solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a person other than a department or a Minister of the Crown in his official capacity or an organisation; and

(g) does not include any information held by Public Trust or the Maori Trustee

(i) in their capacity as trustee within the meaning of the Trustee Act 1956; or

(ii) in any other fiduciary capacity; and

(h) does not include evidence given or submissions made to

(i) a Royal Commission; or

(ii) a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908; or

(iii) a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter; and

(i) does not include information contained in any correspondence or communication which has taken place between the office of the Ombudsmen and any department or Minister of the Crown or organisation and which relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsmen Act 1975, other than information that came into existence before the commencement of that investigation; and

(j) does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any department or Minister of the Crown or organisation and that relates to any investigation conducted by the Privacy Commissioner under the Privacy Act 1993, other than information that came into existence before the commencement of that investigation

(k) does not include information contained in a victim impact statement (as defined in section 22 of the Victims' Rights Act 2002)

(l) does not include any evidence, submissions, or other information given or made to

(i) the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, or a Judicial Conduct Panel, in relation to any matter under the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004; or

(ii) the Judicial Complaints Lay Observer

Official Information Act 1982

Official information

(a) Means any information held by a local authority; but

(b) Does not include

(i) Information contained in library or museum material made or acquired and preserved solely for reference or exhibition purposes; or

(ii) Information which is held by a local authority solely as an agent or for the sole purpose of safe custody and which is so held on behalf of a person other than a local authority; or

(iii) Information contained in any correspondence or communication that has taken place between the office of the Ombudsmen and any local authority and that relates to an investigation conducted by an Ombudsman under this Act or under the Ombudsmen Act 1975, other than information that came into existence before the commencement of that investigation; and

(c) Does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any local authority and that relates to any investigation conducted by the Privacy Commissioner under the Privacy Act 1993, other than information that came into existence before the commencement of that investigation:

Official information: this definition was amended, as from 1 July 1993, by section 2(1) and (2) Local Government Official Information and Meetings Amendment Act 1993 (1993 No 37) by inserting the expression '; and' to paragraph (b) and inserting paragraph (c). Local Government Official Information and Meetings Act 1987 

 

Official statistics

 

  1. Official statistics means statistics derived by Government Departments from

(a) Statistical surveys as defined in this section; and

(b) Administrative and registration records and other forms and papers the statistical analyses of which are published regularly, or are planned to be published regularly, or could reasonably be published regularly. Statistics Act 1975 

 

Public record

(a) means a record or a class of records, in any form, in whole or in part, created or received (whether before or after the commencement of this Act) by a public office in the conduct of its affairs; and

(b) includes

(i) a record or a class of records declared under section 5(1)(a)(ii) to be a public record for the purposes of this Act; and

(ii) estray records; but

(c) does not include

(i) a special collection; or

(ii) records created by the academic staff or students of a tertiary education institution, unless the records have become part of the records of that institution. Public Records Act 2005

 

Publication

  1. Publication means - (d) a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words. Films, Videos and Classifications Act 1993 

 

Record (noun)

  1. Record means information, whether in its original form or otherwise, including (without limitation) a document, a signature, a seal, text, images, sound, speech, or data compiled, recorded, or stored, as the case may be, - (c) by means of any recording device or process, computer, or other electronic device or process. Public Records Act 2005

Record (verb)

  1. record includes to cause to be recorded