Property (Relationships) Act 1976
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Property (Relationships) Act 1976. (2) This Act shall come into force on the 1st day of February 1977. The short title of this Act was…
Section Sch1 — Notice of claim of interest under Matrimonial Property Act
Schedule 1 Notice of claim of interest under Matrimonial Property Act Section 42(2) [Repealed] Schedule 1 was substituted, as from 1 January 1984, by section 11 Matrimonial Property Amendment Act (No…
Section 1A — Purpose of this Part
1A Purpose of this Part This Part is intended— (a) to give a general indication of what this Act is about: (b) to indicate how this Act is arranged: (c) to assist readers to identify the provisions…
Section 1B — Status of this Part
1B Status of this Part This Part is intended only as a guide to the general scheme and effect of this Act. Part 1 (comprising sections 1A to 1L) was inserted, as from 1 February 2002, by section 6…
Section 1C — What this Act is about
1C What this Act is about (1) This Act is mainly about how the property of married couples and civil union couples and couples who have lived in a de facto relationship is to be divided up when they…
Section 1D — How this Act is arranged
1D How this Act is arranged (1) This Act is arranged in Parts, as follows: (a) Part 1 —outline of this Act: (b) Part 2 —preliminary provisions: (c) Part 3 —application of this Act: (d) Part 4…
Section 1E — Part 2 (preliminary provisions)
1E Part 2 (preliminary provisions) Part 2 contains provisions dealing with interpretation and with the application of this Act. Among other things, it— (a) sets out what various terms used in this…
Section 1F — Part 3 (application of this Act)
1F Part 3 (application of this Act) (1) Part 3 identifies— (a) which provisions of this Act apply with respect to the division of relationship property while both spouses or partners are alive; and…
Section 1G — Part 4 (division of relationship property)
1G Part 4 (division of relationship property) Part 4 sets out how the property of a husband and wife or civil union partners or de facto partners is to be divided when they separate and cannot agree…
Section 1H — Part 5 (relationship property and creditors)
1H Part 5 (relationship property and creditors) Part 5 sets out how this Act affects the secured and unsecured creditors of the spouses or partners. It deals with matters like— (a) what rights do…
Section 1I — Part 6 (contracting out)
1I Part 6 (contracting out) Part 6 deals with the rights of spouses or partners to decide themselves how their property is to be divided. It deals with matters like— (a) does a property agreement…
Section 1J — Part 7 (proceedings under this Act)
1J Part 7 (proceedings under this Act) (1) Part 7 — (a) deals with the various powers that a Court can exercise in deciding how property is to be divided between spouses or partners; and (b) sets out…
Section 1K — Part 8 (division of property where 1 spouse or partner dies)
1K Part 8 (division of property where 1 spouse or partner dies) Part 8 sets out how the property of a husband and wife, civil union partners, or de facto partners is to be divided when 1 of them…
Section 1L — Part 9 (transitional provisions and savings)
1L Part 9 (transitional provisions and savings) Part 9 contains— (a) transitional provisions, dealing with matters like— (i) how this Act applies to marriages that took place before it came into…
Section 1M — Purpose of this Act
1M Purpose of this Act The purpose of this Act is— (a) to reform the law relating to the property of married couples and civil union couples, and of couples who live together in a de facto…
Section 1N — Principles
1N Principles The following principles are to guide the achievement of the purpose of this Act: (a) the principle that men and women have equal status, and their equality should be maintained and…
Section 2 — Interpretation
2 Interpretation In this Act, unless the context otherwise requires,— administration has the meaning given to it by section 2 of the Administration Act 1969 child of the civil union — (a) means any…
Section Sch2 — Consequential amendments
Schedule 2 Consequential amendments Section 56 [Repealed] Domestic Proceedings Act 1968: impliedly repealed, as from 1 October 1981, by section 189(3) Family Proceedings Act 1980 (1980 No 94).…
Section 2A — Meaning of marriage
2A Meaning of marriage (1) In this Act, marriage includes a marriage that— (a) is void; or (b) is ended while both spouses are alive by a legal process that occurs within or outside New Zealand; or…
Section 2BA — Immediately preceding marriage or civil union
2BA Immediately preceding marriage or civil union For the purposes of this Act,— (a) if a marriage was immediately preceded by a civil union between the husband and the wife, the civil union must be…
Section 2AB — Meaning of civil union
2AB Meaning of civil union (1) In this Act, civil union includes a civil union that— (a) is void; or (b) is ended while both civil union partners are alive by a legal process that occurs within New…
Section 2B — Marriage includes immediately preceding de facto relationship
2B Marriage includes immediately preceding de facto relationship For the purposes of this Act, if a marriage was immediately preceded by a de facto relationship between the husband ( A ) and the wife…
Section 2C — Meaning of de facto partner
2C Meaning of de facto partner For the purposes of this Act, a person is another person's de facto partner if they have a de facto relationship with each other. Sections 2A to 2H and the heading…
Section 2D — Meaning of de facto relationship
2D Meaning of de facto relationship (1) For the purposes of this Act, a de facto relationship is a relationship between 2 persons (whether a man and a woman, or a man and a man, or a woman and a…
Section 2E — Meaning of relationship of short duration
2E Meaning of relationship of short duration (1) In this Act, relationship of short duration means,— (a) in relation to a marriage, a marriage in which the husband and wife have lived together as…
Section 2F — Date at which shares to be determined
2F Date at which shares to be determined (1) For the purposes of this Act, the share of a spouse or partner in the relationship property is to be determined as at the following date: (a) if the…
Section 2G — Date at which value of property to be determined
2G Date at which value of property to be determined (1) For the purposes of this Act, the value of any property to which an application under this Act relates is to be determined as at the date of…
Section 2H — Determination of use to which property put
2H Determination of use to which property put (1) This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on…
Section 3 — Act to bind Crown
3 Act to bind Crown This Act shall bind the Crown.
Section Sch3 — Enactments repealed
Schedule 3 Enactments repealed Section 57 [Repealed] Schedules 1, 2, and 3 were repealed, as from 1 February 2002, by section 62 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of…
Section 4 — Act a code
4 Act a code (1) This Act applies instead of the rules and presumptions of the common law and of equity to the extent that they apply— (a) to transactions between spouses or partners in respect of…
Section 4A — Other enactments to be read subject to this Act
4A Other enactments to be read subject to this Act Every enactment must be read subject to this Act, unless this Act or the other enactment expressly provides to the contrary. Sections 4A to 4D were…
Section 4B — Law relating to trustees preserved
4B Law relating to trustees preserved (1) Nothing in section 4 or section 4A affects the law that applies where either spouse or partner is acting as trustee under any deed or will. (2) For the…
Section 4C — Application to existing and future de facto relationships
4C Application to existing and future de facto relationships (1) This Act applies to— (a) de facto relationships that began before 1 February 2002; and (b) de facto relationships that begin on or…
Section 4D — Application to de facto relationships that end on separation or death
4D Application to de facto relationships that end on separation or death This Act applies to de facto relationships that end— (a) while both de facto partners are alive; or (b) when 1 of the de facto…
Section 5 — Act to apply only during joint lifetime of spouses
5 Act to apply only during joint lifetime of spouses [Repealed] Section 5 was repealed, as from 1 February 2002, by section 10 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of…
Section 6 — Maori land not affected
6 Maori land not affected Nothing in this Act shall apply in respect of any Maori land within the meaning of Te Ture Whenua Maori Act 1993 . Section 6 was amended, as from 1 February 2002, by section…
Section 7 — Application to movable or immovable property
7 Application to movable or immovable property (1) This Act applies to immovable property that is situated in New Zealand. (2) This Act applies to movable property that is situated in New Zealand or…
Section 7A — Application where spouses or partners agree
7A Application where spouses or partners agree (1) This Act applies in any case where the spouses or partners agree in writing that it is to apply. (2) Subject to subsections (1) and (3) , this Act…
Section 8 — Relationship property defined
8 Relationship property defined (1) Relationship property shall consist of— (a) The family home whenever acquired; and (b) The family chattels whenever acquired; and (c) All property owned jointly or…
Section 9 — Separate property defined
9 Separate property defined (1) All property of either spouse or partner that is not relationship property is separate property. (2) Subject to sections 8(1)(ee) , 9A(3) , and 10 , all property…
Section 9A — When separate property becomes relationship property
9A When separate property becomes relationship property (1) If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in…
Section 10 — Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift
10 Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift (1) Subsection (2) applies to the following property: (a) property that a spouse or partner acquires…
Section 10A — Application of Act to division of relationship property where both spouses or partners alive
10A Application of Act to division of relationship property where both spouses or partners alive This Act (other than Part 8 ) applies to the division of relationship property between the spouses or…
Section 10B — Application of Act to division of relationship property on death of spouse or partner
10B Application of Act to division of relationship property on death of spouse or partner (1) This Act (including Part 8 ) applies to the division of relationship property between spouses or de facto…
Section 10C — Application of Act in other circumstances
10C Application of Act in other circumstances This Act also applies— (a) in the circumstances described in sections 4(4) , 4(6) , 21H , 43(1) , 44(1) , 45(1) , and 51(2) , while both spouses or…
Section 10D — Proceedings
10D Proceedings (1) If proceedings under this Act, or to which this Act applies, are commenced while both spouses or partners are alive, and 1 of them dies, or they both die, before the proceedings…
Section 11 — Division of relationship property
11 Division of relationship property (1) On the division of relationship property under this Act, each of the spouses or partners is entitled to share equally in— (a) the family home; and (b) the…
Section 11A — Where family home sold
11A Where family home sold (1) If the family home has been sold, each spouse or partner is entitled to share equally in the proceeds of the sale as if they were the family home, if the following…
Section 11B — Compensation for absence of interest in family home
11B Compensation for absence of interest in family home (1) This section applies where— (a) section 11A does not apply; and (b) either— (i) there is no family home; or (ii) the family home is not…