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StatuteProperty (Relationships) Act 1976

Section 96 — Property (Relationships) Act 1976: Transitional provisions applying on and from 1 February 1977

Text of the provision Official document

96 Transitional provisions applying on and from 1 February 1977 (1) If an application relates to the relationship property of a marriage that took place before 1 February 1977, the Court must, in dealing with the application, have regard to any agreement entered into before 1 February 1977 by the parties to the marriage. This subsection applies despite Part 6 , but is subject to section 98(3) . (2) If— (a) proceedings were commenced under the Matrimonial Property Act 1963 or Part 8 of the Matrimonial Proceedings Act 1963 before 1 February 1977; and (b) the hearing of the proceedings commenced before 1 February 1977,— the proceedings continue as if this Act had not been passed, unless the parties agree to the proceedings continuing under this Act. (3) If— (a) proceedings were commenced under the Matrimonial Property Act 1963 or Part 8 of the Matrimonial Proceedings Act 1963 before 1 February 1977; and (b) the hearing of the proceedings had not commenced before 1 February 1977,— the proceedings continue under this Act. (4) Proceedings commenced before 1 February 1977 that are continued under this Act are continued as if the Property (Relationships) Amendment Act 2001 had not been passed. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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.

Official source: legislation.govt.nz

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