Property (Relationships) Act 1976

2 Interpretation

• In this Act, unless the context otherwise requires,—

  administration has the meaning given to it by section 2 of the Administration Act 1969

  child of the civil union—

  • (a) means any child of both civil union partners; and

  • (b) includes any other child (whether or not a child of either civil union partner) who was a member of the family of the civil union partners—

    • (i) at the time when they ceased to live together; or

    • (ii) at the time immediately before an application under this Act, if at that time they had not ceased to live together; or

    • (iii) at the date of the death of one of the civil union partners

  child of the de facto relationship—

  • (a) means any child of both de facto partners; and

  • (b) includes any other child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners—

    • (i) at the time when they ceased to live together; or

    • (ii) at the time immediately before an application under this Act, if at that time they had not ceased to live together; or

    • (iii) at the date of the death of one of the de facto partners

  child of the marriage—

  • (a) means any child of both spouses; and

  • (b) includes any other child (whether or not a child of either spouse) who was a member of the family of the spouses—

    • (i) at the time when they ceased to live together; or

    • (ii) at the time immediately before an application under this Act, if at that time they had not ceased to live together; or

    • (iii) at the date of the death of one of the spouses; and

  • (c) if the marriage was immediately preceded by a de facto relationship or civil union between the spouses, includes any child of the de facto relationship or civil union

  Commonwealth country—

  • (a) means a country that is an independent sovereign member of the Commonwealth; and

  • (b) includes every territory for whose international relations the Government of such a country is responsible; and

  • (c) also includes the Republic of Ireland as if it were an independent sovereign member of the Commonwealth

  contribution has the meaning given to it by section 18

  court means—

  • (a) a Family Court; or

  • (b) if another court has jurisdiction in the proceedings, that court

  de facto partner has the meaning given to it by section 2C; and includes a former de facto partner

  de facto relationship has the meaning given to it by section 2D

  distribution, in relation to an estate, has the meaning given to it by section 46 of the Administration Act 1969

  dwellinghouse includes a flat or town house, whether or not occupied under a licence to occupy within the meaning of section 121A of the Land Transfer Act 1952

  family chattels—

  • (a) means chattels of the following kind that either or both of the spouses or partners own:

    • (i) household furniture:

    • (ii) household appliances, effects, or equipment:

    • (iii) articles of household or family use or amenity or of household ornament, including tools, garden effects and equipment:

    • (iv) motor vehicles, caravans, trailers, or boats, used wholly or principally, in each case, for family purposes:

    • (v) accessories of a chattel to which subparagraph (iv) applies:

    • (vi) household pets; and

  • (b) includes any of the chattels mentioned in paragraph (a) that are in the possession of either or both spouses or partners under a hire purchase or conditional sale agreement or an agreement for lease or hire; but

  • (c) does not include—

    • (i) chattels used wholly or principally for business purposes:

    • (ii) money or securities for money:

    • (iii) heirlooms:

    • (iv) taonga

  family home—

  • (a) means the dwellinghouse that either or both of the spouses or partners use habitually or from time to time as the only or principal family residence, together with any land, buildings, or improvements appurtenant to that dwellinghouse and used wholly or principally for the purposes of the household; and

  • (b) includes a joint family home

  homestead—

  • (a) means a family home where the dwellinghouse that comprises the family residence is situated on an unsubdivided part of land that is not used wholly or principally for the purposes of the household; but

  • (b) does not include a family home that is occupied—

    • (i) pursuant to a licence to occupy within the meaning of section 121A of the Land Transfer Act 1952; or

    • (ii) because of the ownership of a specified share of any estate or interest in the land on which the dwellinghouse that comprises the family residence is situated and by reason of reciprocal agreements with the owners of the other shares; or

    • (iii) in the case of a flat or town house that is part of a block of flats or town houses or is one of a number of flats or town houses situated on the same piece of land, under a lease or other arrangement that entitles the occupants of the flat or town house to exclusive possession of it

  joint family home means land settled as a joint family home under the Joint Family Homes Act 1964

  lawyer,—

  • (a) other than in Part 6 and section 65, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006):

  • (b) in Part 6 and section 65,—

    • (i) in the case of a document signed in New Zealand, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006):

    • (ii) in the case of a document signed in a Commonwealth country outside New Zealand, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006), or a solicitor entitled to practise in that country, or a notary public:

    • (iii) in the case of a document signed in a country that is not a Commonwealth country, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006), or a notary public

  life insurance policy—

  • (a) means a policy of assurance taken out by one spouse or partner (party A) on his or her own life or the life of his or her spouse or partner (party B), regardless of whether—

    • (i) the policy is for the benefit of party A or party B:

    • (ii) the proceeds are payable on the death of the assured or on the occurrence of a specified event or otherwise; and

  • (b) includes the proceeds of such a policy of assurance payable to a surviving spouse or partner or to the personal representative of the deceased spouse or partner; but

  • (c) does not include either of the following kinds of policy, or the proceeds of a policy of either of those kinds:

    • (i) a policy that was fully paid up at the time the marriage, civil union, or de facto relationship began:

    • (ii) a policy where a third person is beneficially entitled to the proceeds of the policy

  marriage has the meaning given to it by section 2A

  option A and option B mean the options set out in section 61

  owner, in respect of any property, means the person who, apart from this Act, is the beneficial owner of the property under any enactment or rule of common law or equity

  partner, in the phrase “spouse or partner” and in related contexts, means a civil union partner or a de facto partner

  personal debt has the meaning given to it by section 20

  proceedings means proceedings under this Act, except in sections 51, 96, and 97(3)

  property includes—

  • (a) real property:

  • (b) personal property:

  • (c) any estate or interest in any real property or personal property:

  • (d) any debt or any thing in action:

  • (e) any other right or interest

  protected interest has the meaning given to it by section 20B

  Registrar means a Registrar of the court; and includes a Deputy Registrar of the court

  relationship debt has the meaning given to it by section 20

  relationship of short duration has the meaning given to it by section 2E

  relationship property has the meaning given to it by section 8

  separate property has the meaning given to it by section 9

  small estate means an estate of a deceased person that can lawfully be distributed without the need for administration of the estate to be obtained

  superannuation scheme entitlement—

  • (a) means any pension, benefit, or right to which either spouse or partner is entitled or may become entitled under any superannuation scheme, if the entitlement is derived, wholly or in part, from contributions made to the scheme after the marriage, civil union, or de facto relationship began or from employment or office held since the marriage, civil union, or de facto relationship began; and

  • (b) if Part 8 applies, includes any such entitlement payable to a surviving spouse or partner on the death of the deceased spouse or partner

  voluntary agreement means a written agreement—

  • (a) made between spouses or partners who are parties to proceedings; and

  • (b) providing for one spouse or partner to pay sums of money to the other spouse or partner for the maintenance of—

    • (i) the other spouse or partner:

    • (ii) a child of the marriage or child of the civil union or child of the de facto relationship.

  Section 2: substituted, on 1 February 2002, by section 8 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

  Section 2 child of the civil union: inserted, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 child of the marriage paragraph (c): amended, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 family chattels paragraph (a): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 family chattels paragraph (b): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 family home paragraph (a): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 lawyer: substituted, on 1 August 2008, by section 348 of the Lawyers and Conveyancers Act 2006 (2006 No 1).

  Section 2 life insurance policy paragraph (a): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 life insurance policy paragraph (b): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 life insurance policy paragraph (c)(i): amended, on 26 April 2005, by section 3(3) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 partner: inserted, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 superannuation scheme entitlement paragraph (a): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 superannuation scheme entitlement paragraph (a): amended, on 26 April 2005, by section 3(3) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 superannuation scheme entitlement paragraph (b): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 2 voluntary agreement: substituted, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).