Property (Relationships) Act 1976

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Version as at 28 October 2021

Property (Relationships) Act 1976

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(2) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

	Title [Repealed]
1	Short Title and commencement
	Part 1 Outline of this Act
1A	Purpose of this Part
1B	Status of this Part
1C	What this Act is about
1D	How this Act is arranged
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)
1I	Part 6 (Contracting out)
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)
	Part 2 Preliminary provisions
	Purpose and principles
1M	Purpose of this Act
1N	Principles
	Interpretation
2	Interpretation
2A	Meaning of marriage
2AB	Meaning of civil union
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
	Application
3	Act to bind Crown
4	Act a code
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5	Act to apply only during joint lifetime of spouses [Repealed]
6	Maori land not affected
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
9	Separate 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
	Part 3 Application of this Act
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
10D	Proceedings
	Part 4 Division of relationship property
	Division of relationship property: general
11	Division of relationship property
11A	Where family home sold
11B	Compensation for absence of interest in family home
	Homesteads
12	Homesteads
12A	Valuation of homestead
	Exception to equal sharing
13	Exception to equal sharing
	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
20	Interpretation
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
	Part 6 Contracting out
	When persons can contract out
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
	Subject matter of agreement
21D	Subject matter of agreement
	Model forms of agreement
21E	Regulations prescribing model forms of agreement
	Procedural requirements
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
	Agreements by minors
21I	Agreements entered into by minors
	Court may set agreement aside
21J	Court may set agreement aside if would cause serious injustice
	Miscellaneous provisions
21K	Agreements made for valuable consideration
21L	Enforcement of agreements
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
	Agreements made between 1 August 2001 and 31 January 2002, where marriage or de facto relationship ends before 1 February 2002
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
	General
22	Jurisdiction
23	Who can apply
24	Time limits for making applications
25	When court may make orders
	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
	Postponement of sharing
26A	Postponement of sharing
	Occupation orders, tenancy orders, and furniture orders
27	Occupation orders
28	Orders with respect to tenancy
28A	Factors affecting occupation orders and orders with respect to tenancy
28B	Ancillary furniture order
28C	Furniture required to equip another household
28D	Effect of furniture orders
28E	Family Violence Act 2018 does not limit or affect powers to make orders
	Hire purchase agreements
29	Orders when property subject to hire purchase agreement
	Insurance policies
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
	Ancillary powers
33	Ancillary powers of court
34	Discretion of court as to orders
	Miscellaneous provisions
35	Attendance at hearings
35A	Publication of reports of proceedings
36	Evidence [Repealed]
37	Persons entitled to be heard
37A	Court may appoint lawyer for children
38	Inquiries, and settlement of schemes
	Transfer of proceedings
38A	Transfer of proceedings to High Court
	Appeals
39	Right of appeal to High Court
39A	Procedure on appeal to High Court [Repealed]
39B	Appeals to Court of Appeal
	Costs
40	Costs
	Registration of orders
41	Registration of orders
	Protection of spouses’ or partners’ rights
42	Notice of interest against title
43	Dispositions may be restrained
44	Dispositions may be set aside
	Orders relating to trusts
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
	Orders relating to companies
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
	Protection of creditors
46	Protection of mortgagee
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
51	Proceedings in tort
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
	Application of this Part
55	Application of this Part
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
	Surviving spouse or partner may choose between division under this Act and taking under will or intestacy
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
65	How choice to be made
66	Choice of option to be notified to certain persons
67	Choice irrevocable
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
	Distribution of estates
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
	Sections modifying or affecting earlier sections in proceedings commenced after death of spouse or partner
79	Date at which shares determined
80	Classification of property
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
84	Separate 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
88	Who can apply
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
93	Appeals
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
	Transitional provisions
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
	Savings
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]
	Schedule 3 Enactments repealed [Repealed]
	Property (Relationships) Amendment Act 2013
	Notes

Title [Repealed]

Title: repealed, on 1 February 2002, by section 4 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

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