New Zealand Legislation: Acts

17 Sustenance of separate property

• (1) This section applies if the separate property of one spouse or partner (party A) has been sustained by—

  • (a) the application of relationship property; or

  • (b) the actions of the other spouse or partner (party B).

  (2) If this section applies, the court may—

  • (a) increase the share to which party B would otherwise be entitled in the relationship property; or

  • (b) order party A to pay party B a sum of money as compensation.

  (3) This section overrides sections 11 to 14A.

  Section 17: substituted, on 1 February 2002, by section 17 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

  Section 17(1): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

  Section 17(1)(b): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).