This Act is administered in the Ministry of Justice.
1 Title
2 Commencement
3 Purposes
4 Title repealed
5 Name of principal Act changed
6 New Part 1 inserted
Part 1Outline 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 1 spouse or de facto partner dies)
1L Part 9 (transitional provisions and savings)
7 New Part heading, sections, and headings inserted
Part 2Preliminary provisions
Purpose and principles
1M Purpose of this Act
1N Principles
Interpretation
8 New sections 2 to 2H and headings substituted
2 Interpretation
2A Meaning of marriage
2B Marriage includes immediately preceding de facto relationship
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
9 New sections 4 to 4D substituted
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
10 Act to apply only during joint lifetimes of spouses
11 Maori land not affected
12 New sections 7 and 7A substituted
7 Application to movable or immovable property
7A Application where spouses or de facto partners agree
13 Heading before section 8 amended
14 Matrimonial property defined
15 New sections 9 to 10 substituted
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
16 New Part 3 inserted
Part 3Application of this Act
10A Application of Act to division of relationship property where both spouses or de facto partners alive
10B Application of Act to division of relationship property on death of spouse or de facto partner
10C Application of Act in other circumstances
10D Proceedings
17 New Part 4 substituted
Part 4Division 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
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 de facto partner has contributed to increase in value of separate property
Other provisions relating to division of relationship property
16 Adjustment when each spouse or de facto partner owned home at date relationship began
17 Sustenance of separate property
17A Diminution of separate property
18 Contributions of spouses or de facto partners
18A Effect of misconduct of spouses or de facto partners
18B Compensation for contributions made after separation
18C Compensation for dissipation of relationship property after separation
18 New Part heading substituted
Part 5Relationship property and creditors
19 Effect of Act while property undivided
20 New sections 20 to 20F substituted
20 Interpretation
20A Rights of creditors preserved
20B Protected interest in family home
20C Payment of protected interest on bankruptcy of other spouse or de facto partner
20D Calculation of net value of relationship property
20E Compensation for satisfaction of personal debts
20F Application of Joint Family Homes Act 1964
21 New Part 6 substituted
Part 6Contracting out
When persons can contract out
21 Spouses or de facto partners may contract out of this Act
21A Spouses or de facto partners may settle differences by agreement
21B Surviving spouse or de facto partner and personal representative may agree on division of property
21C Court may be asked to approve agreement between surviving spouse or de facto 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
22 New Part heading and heading substituted
Part 7Proceedings under this Act
General
23 New section 22 substituted
22 Jurisdiction
24 New section 23 substituted
23 Who can apply
25 New sections 24 to 26A and new headings substituted
24 Time limits for making applications
25 When Court may make orders
Orders for benefit of children of marriage or children of de facto relationship
26 Orders for benefit of children of marriage or children of de facto relationship
Postponement of sharing
26A Postponement of sharing
Occupation orders, tenancy orders, and furniture orders
26 Occupation orders
27 Orders with respect to tenancy
28 Factors affecting occupation orders and orders with respect to tenancy
29 New sections 28B to 28D and heading substituted
28B Ancillary furniture order
28C Furniture required to equip another household
28D Effect of furniture orders
Hire purchase agreements
30 Orders when property subject to hire purchase agreement
31 New heading inserted
Insurance policies
32 Orders in relation to insurance policies
33 New heading inserted
Superannuation scheme entitlements
34 Orders in relation to superannuation rights
35 New headings and section 32 substituted
Orders relating to maintenance and child support
32 Orders relating to maintenance and child support
Ancillary powers
36 Ancillary powers of Court
37 New heading inserted
38 Proceedings may be in private
39 Restriction of publication of reports of proceedings
40 Persons entitled to be heard
41 New section 37A inserted
37A Court may appoint lawyer for children
42 Inquiries, and settlement of schemes
43 New heading and sections 39 to 39B substituted
Appeals
39 Procedure for bringing appeal to High Court
39A Procedure on appeal to High Court
39B Appeals to Court of Appeal and to Privy Council
44 New heading inserted
Costs
45 New heading inserted
Registration of orders
46 Registration of orders
47 Heading before section 42 amended
48 Notice of interest against title
49 Dispositions may be restrained
50 Dispositions may be set aside
51 New headings and sections 44A to 44F inserted
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
52 Family chattels not to be disposed of
53 Protection of mortgagee
54 New section 47 substituted
47 Agreements to defeat creditors void
55 New heading substituted
Further miscellaneous provisions
56 Incidence of orders against personal representative of spouse
57 Proceedings in tort
58 New sections 52A and 52B inserted
52A Priority of claims where marriage and de facto relationship
52B Priority of claims where 2 de facto relationships
59 Rules of Court and regulations
60 New section 53A inserted
53A Power to prescribe specified sum
61 New Parts 8 and 9 substituted
Part 8Division of property where 1 spouse or de facto 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 de facto partner
Insolvent deceased spouse or de facto partner
58 Rights of creditors preserved
59 Payment of protected interest where estate insolvent
Proceedings commenced while both spouses or de facto partners alive
60 Incidence of orders against personal representative of spouse or de facto partner
Surviving spouse or de facto partner may choose between division under this Act and taking under will or intestacy
61 Surviving spouse or de facto partner may choose option
62 Time limit for making choice
63 Surviving spouse or de facto partner may not commence proceedings before making election
64 Position of surviving spouse if separation order made or marriage 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 de facto partner to take under will or on intestacy
78 Priority of entitlement of surviving spouse or de facto partner
Sections modifying or affecting earlier sections in proceedings commenced after death of spouse or de facto partner
79 Date at which shares determined
80 Classification of property
81 Presumption that property of deceased spouse or de facto partner is relationship property
82 Presumption that property acquired by estate of deceased spouse or de facto partner is relationship property
83 Relationship property defined
84 Separate property defined
85 Marriages and de facto relationships of short duration
86 Compensation for actions after separation or death
87 Surviving spouse or de facto 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 de facto partner
Effect of choice of will or intestacy (option B)
95 Effect on application of Act of choice of will or intestacy
Part 9Transitional 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
Savings
98 Savings applying on and from 1 February 1977
99 Savings applying on and from 1 February 2002
62 Schedules repealed
63 Amendments to Insolvency Act 1967
64 Consequential amendments, repeals, and revocation
65 Transitional provision
Schedule 1Enactments amended
Schedule 2Enactments repealed
Legislative history
The Parliament of New Zealand enacts as follows: