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StatuteProperty (Relationships) Act 1976

Section 21N — Property (Relationships) Act 1976: Other powers and capacities not affected

Text of the provision Official document

21N Other powers and capacities not affected (1) Nothing in this Part limits or affects the capacity of either spouse or partner to agree to acquire or hold any property jointly or in common, whether or not together with any other person, and whether legally or beneficially. (2) Nothing in this Part limits or affects the power of spouses or partners to make gifts to each other. (3) Regardless of any rule of law, a gift between spouses or partners may be made orally or in writing, and does not need to be made by deed or by delivery. (4) Subsection (3) does not apply to de facto partners who have lived in a de facto relationship for less than 3 years. Sections 21A to 21T were inserted, as from 1 August 2001, by section 21(1) Property (Relationships) Amendment Act 2001 (2001 No 5). See section 21(3) of that Act which states that for the purposes of applying Part 6 of the principal Act during the period beginning on 1 August 2001 and ending with the close of 31 January 2002, all terms used in that Part have the meanings given to them in sections 2 to 2D of the principal Act (as substituted by section 8 ) as if section 8 were in force during that period. See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsections (2) and (3) were amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .

Official source: legislation.govt.nz

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