Section 68 — Property (Relationships) Act 1976: Effect of failure to make choice
Text of the provision Official document
68 Effect of failure to make choice (1) If a surviving spouse or partner does not choose option A or option B, in the manner required by section 65 and within the time required by section 62(1) (or any extension of that time granted under section 62(2)) , then the surviving spouse or partner is to be treated as having chosen option B. (2) The Court may, under section 69 , set aside a choice of option imposed by this section. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). 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 ” in both places they appear.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →