New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 18 May 2009
| Public Act | 1976 No 166 |
| Date of assent | 14 December 1976 |
| Commencement | see section 1(2) |
Act name: amended, on 1 February 2002, by section 5(1) of the Property (Relationships) Amendment Act 2001 (2001 No 5).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
[Repealed]
1 Short Title and commencement
1E Part 2 (preliminary provisions)
1F Part 3 (application of this Act)
1G Part 4 (division of relationship property)
1H Part 5 (relationship property and creditors)
1J Part 7 (proceedings under this Act)
1K Part 8 (division of property where one spouse or partner dies)
1L Part 9 (transitional provisions and savings)
2B Marriage includes immediately preceding de facto relationship
2BAA Civil union includes immediately preceding de facto relationship
2BA Immediately preceding marriage or civil union
2C Meaning of de facto partner
2D Meaning of de facto relationship
2E Meaning of relationship of short duration
Dates at which shares and values determined
2F Date at which shares to be determined
2G Date at which value of property to be determined
Determination of use to which property put
2H Determination of use to which property put
4A Other enactments to be read subject to this Act
4B Law relating to trustees preserved
4C Application to existing and future de facto relationships
4D Application to de facto relationships that end on separation or death
5 Act to apply only during joint lifetime of spouses [Repealed]
7 Application to movable or immovable property
7A Application where spouses or partners agree
Nature of relationship property and separate property
8 Relationship property defined
9A When separate property becomes relationship property
10 Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift
10A Application of Act to division of relationship property where both spouses or partners alive
10B Application of Act to division of relationship property on death of spouse or partner
10C Application of Act in other circumstances
Part 4
Division of relationship property
Division of relationship property: General
11 Division of relationship property
11B Compensation for absence of interest in family home
Relationships of short duration
14 Marriages of short duration
14AA Civil unions of short duration
14A De facto relationships of short duration
Court may make orders to redress economic disparities
15 Court may award lump sum payments or order transfer of property
15A Orders where spouse or partner has contributed to increase in value of separate property
Other provisions relating to division of relationship property
16 Adjustment when each spouse or partner owned home at date relationship began
17 Sustenance of separate property
17A Diminution of separate property
18 Contributions of spouses or partners
18A Effect of misconduct of spouses or partners
18B Compensation for contributions made after separation
18C Compensation for dissipation of relationship property after separation
Part 5
Relationship property and creditors
19 Effect of Act while property is undivided
20A Rights of creditors preserved
20B Protected interest in family home
20C Payment of protected interest on bankruptcy of other spouse or partner
20D Calculation of net value of relationship property
20E Compensation for satisfaction of personal debts
20F Application of Joint Family Homes Act 1964
21 Spouses or partners may contract out of this Act
21A Spouses or partners may settle differences by agreement
21B Surviving spouse or partner and personal representative may agree on division of property
21C Court may be asked to approve agreement between surviving spouse or partner and personal representative
21D Subject matter of agreement
21E Regulations prescribing model forms of agreement
21F Agreement void unless complies with certain requirements
21G Other grounds of invalidity not affected
21H Court may give effect to agreement in certain circumstances
21I Agreements entered into by minors
21J Court may set agreement aside if would cause serious injustice
21K Agreements made for valuable consideration
21M Consequences of invalidity of agreement
21N Other powers and capacities not affected
21O Application of Act to relationship property not subject to agreement
Agreements made before 1 August 2001
21P Agreements made before 1 August 2001 between de facto partners
21Q Agreements made before 1 August 2001 between spouses relating to division of property on death
21R Agreements to have effect as if Act not passed
21S Agreements made under previous section 21 before 1 August 2001
21T Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date
Part 7
Proceedings under this Act
24 Time limits for making applications
Orders for benefit of children of marriage, civil union, or de facto relationship
26 Orders for benefit of children of marriage, civil union, or de facto relationship
Occupation orders, tenancy orders, and furniture orders
28 Orders with respect to tenancy
28A Factors affecting occupation orders and orders with respect to tenancy
28C Furniture required to equip another household
28D Effect of furniture orders
29 Orders when property subject to hire purchase agreement
30 Orders in relation to insurance policies
Superannuation scheme entitlements
31 Orders in relation to superannuation rights
Orders relating to maintenance and child support
32 Orders relating to maintenance and child support
34 Discretion of court as to orders
35A Publication of reports of proceedings
37 Persons entitled to be heard
37A Court may appoint lawyer for children
38 Inquiries, and settlement of schemes
39 Right of appeal to High Court
39A Procedure on appeal to High Court [Repealed]
39B Appeals to Court of Appeal
Protection of spouses' or partners' rights
42 Notice of interest against title
43 Dispositions may be restrained
44 Dispositions may be set aside
44A Application of sections 44B and 44C
44B Court may require party to disclose information about dispositions of property to trust
44C Compensation for property disposed of to trust
44D Definition of qualifying company
44E Court may require party to disclose information about dispositions of property to qualifying company
44F Compensation for property disposed of to qualifying company
Family chattels not to be disposed of while proceedings pending
45 Family chattels not to be disposed of
47 Agreements to defeat creditors void
Further miscellaneous provisions
48 Incidence of orders against personal representative of spouse [Repealed]
49 Legal capacity of married women
50 No restraints upon anticipation
52 Minors may apply without guardian ad litem
52A Priority of claims where marriage or civil union and de facto relationship
52B Priority of claims where 2 de facto relationships
53 Rules of court and regulations
53A Power to prescribe specified sum
54 Exemption from stamp duty [Repealed]
Part 8
Division of property where one spouse or partner dies
56 Application to existing and future wills
57 Application under Law Reform (Testamentary Promises) Act 1949 or Family Protection Act 1955 not precluded
Death of spouse or partner
Insolvent deceased spouse or partner
58 Rights of creditors preserved
59 Payment of protected interest where estate insolvent
Proceedings commenced while both spouses or partners alive
60 Incidence of orders against personal representative of spouse or partner
61 Surviving spouse or partner may choose option
62 Time limit for making choice
63 Surviving spouse or partner may not commence proceedings before making election
64 Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved
66 Choice of option to be notified to certain persons
68 Effect of failure to make choice
69 Chosen option may be set aside
70 Choice may not be set aside if estate finally distributed
71 Distribution of estate before choice made
72 Distribution of estate after choice made but before proceedings commenced
73 Distribution of estate while proceedings pending
74 Distribution of estate not to be disturbed
Effect of choice of division under this Act (option A)
75 Effect on application of Act of choice of division under this Act
76 Effect on will or intestacy of choice of division under this Act
77 Court may permit surviving spouse or partner to take under will or on intestacy
78 Priority of entitlement of surviving spouse or partner
79 Date at which shares determined
81 Presumption that property of deceased spouse or partner is relationship property
82 Presumption that property acquired by estate of deceased spouse or partner is relationship property
83 Relationship property defined
85 Marriages, civil unions, and de facto relationships of short duration
86 Compensation for actions after separation or death
87 Surviving spouse or partner may challenge agreement
89 Time for commencement of proceedings
90 Time limits for commencing proceedings
91 Qualifications on application of sections 25 to 34 and 43 to 44F
92 Persons entitled to be heard
94 Incidence of orders against personal representative of spouse or partner
Effect of choice of will or intestacy (option B)
95 Effect on application of Act of choice of will or intestacy
Part 9
Transitional provisions and savings
96 Transitional provisions applying on and from 1 February 1977
97 Transitional provisions applying on and from 1 February 2002
97A Transitional provisions applying in respect of section 2BAA
98 Savings applying on and from 1 February 1977
99 Savings applying on and from 1 February 2002
Schedule 1
Notice of claim of interest under Matrimonial Property Act
[Repealed]
Schedule 2
Consequential amendments
[Repealed]
[Repealed]
[Repealed]
Title
Title: repealed, on 1 February 2002, by section 4 of the Property (Relationships) Amendment Act 2001 (2001 No 5).
