New Zealand Legislation: Acts

2D Meaning of de facto relationship

• (1) For the purposes of this Act, a de facto relationship is a relationship between 2 persons (whether a man and a woman, or a man and a man, or a woman and a woman)—

  • (a) who are both aged 18 years or older; and

  • (b) who live together as a couple; and

  • (c) who are not married to, or in a civil union with, one another.

  (2) In determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case:

  • (a) the duration of the relationship:

  • (b) the nature and extent of common residence:

  • (c) whether or not a sexual relationship exists:

  • (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties:

  • (e) the ownership, use, and acquisition of property:

  • (f) the degree of mutual commitment to a shared life:

  • (g) the care and support of children:

  • (h) the performance of household duties:

  • (i) the reputation and public aspects of the relationship.

  (3) In determining whether 2 persons live together as a couple,—

  • (a) no finding in respect of any of the matters stated in subsection (2), or in respect of any combination of them, is to be regarded as necessary; and

  • (b) a Court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the Court in the circumstances of the case.

  (4) For the purposes of this Act, a de facto relationship ends if—

  • (a) the de facto partners cease to live together as a couple; or

  • (b) 1 of the de facto partners dies.

  Compare: Property (Relationships) Act 1984 (New South Wales) s 4(1)-(3)

  Sections 2A to 2H and the heading preceding section 3 were inserted, as from 1 February 2002, by section 8 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions.

  Subsection (1)(c) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “, or in a civil union with,” after the words “married to”.