Interpretation Act 1999

29A Meaning of de facto relationship
  • (1) In an enactment, de facto relationship means a relationship between 2 people (whether a man and a woman, a man and a man, or a woman and a woman) who—

    • (a) live together as a couple in a relationship in the nature of marriage or civil union; and

    • (b) are not married to, or in a civil union with, each other; and

    • (c) are both aged 16 years or older.

    (2) Despite subsection (1), a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A of the Care of Children Act 2004.

    (3) In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to—

    • (a) the context, or the purpose of the law, in which the question is to be determined; and

    • (b) all the circumstances of the relationship.

    (4) A de facto relationship ends if—

    • (a) the de facto partners cease to live together as a couple in a relationship in the nature of marriage or civil union; or

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

    Section 29A: inserted, on 26 April 2005, by section 4 of the Interpretation Amendment Act 2005 (2005 No 13).