New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The relationship of father and child, and any other relationship traced in any degree through that relationship shall, for any purpose related to succession to property or to the construction of any will or other testamentary disposition or of any instrument creating a trust, or for the purpose of any claim under the Family Protection Act 1955 be recognised only if—
(a) The father and the mother of the child were married to each other at the time of its conception or at some subsequent time; or
(b) Subject to paragraph (c) of this subsection, paternity has been admitted (expressly or by implication) by or established against the father in his lifetime (whether before or after the birth of the child and whether by one or more of the types of evidence specified by section 8 of this Act or otherwise) and, if that purpose is for the benefit of the father, paternity has been so admitted or established either before the birth of the child or in its lifetime; or
(c) Paternity has been established by means of a declaration of paternity made under section 10 of this Act—
(i) After the death of the father; or
(ii) If that purpose is for the benefit of the father, after the death of the child.
(2) In any case where by reason of subsection (1) of this section, the relationship of father and child is not recognised for certain purposes at the time the child is born, the occurrence of any act, event, or conduct that enables that relationship, and any other relationship traced in any degree through it, to be recognised shall not—
(a) Affect any estate, right, or interest in any real or personal property, or any part thereof, if the executor, administrator, or trustee has, by a distribution that is properly paid or applied in terms of subsection (3) of this section, placed the property or part beyond the possession and control of the executor, administrator, or trustee (in his capacity as such) to or for the benefit of other beneficiaries otherwise entitled thereto before the act, event, or conduct occurred; or
(b) Disturb a distribution that is properly paid or applied in terms of subsection (3) of this section:
Provided that, on any further distribution of the real or personal property or any part thereof after the occurrence, event, or conduct enabling the recognition of the relationship, the earlier distributions shall, so far as possible, be brought into account in determining the respective estates, rights, and interests of the persons then entitled to the property that has not been distributed.
(3) For the purposes of subsection (2) of this section, a distribution shall be properly paid or applied if—
(a) It is made in accordance with any trust, power, or authority which is subsisting when the distribution is made and which, irrespective of subsequent events, justifies the distribution at the time when it is made; and
(b) It is made either—
(i) Without notice of the existence of a person who is entitled by reason only of this Act and the provisions of the enactments governing the distribution of intestate estates or the provisions of the will, deed, or other document governing the distribution of the estate or property; or
(4) No action shall lie against an executor, administrator, or trustee for any decision that he makes in applying the proviso to paragraph (b) of subsection (2) of this section if he establishes that in making that decision he acted honestly.
Subsection (1)(b) was substituted, and subsection (1)(c) was inserted, as from 1 October 1978, by section 3(1) Status of Children Amendment Act 1978 (1978 No 8).
Subsection (2) was substituted, as from 1 October 1978, by section 3(2) Status of Children Amendment Act 1978 (1978 No 8).
Subsections (3) and (4) were inserted, as from 1 October 1978, by section 3(2) Status of Children Amendment Act 1978 (1978 No 8).
The words “High Court”
referred to in subsection (3) were substituted, as from 1 April 1980, for the words “Supreme Court”
pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Subsection (3)(b)(ii) was substituted, as from 1 July 2005, by section 10 Status of Children Amendment Act 2004 (2004 No 91).
