Baptists The Church of the Province of New Zealand, commonly called the Church of England Congregational Independents The Greek Orthodox Church All Hebrew Congregations The Lutheran Churches The Methodist Church of New Zealand The Presbyterian Church of New Zealand The Roman Catholic Church The Salvation Army

In this Part,— 2018 Act means the Minors (Court Consent to Relationships) Legislation Act 2018 commencement date means the day on which the 2018 Act comes into force.

Consents given under section 18 or 19 before the commencement date continue to have effect as if the 2018 Act had not been enacted.

1 A person may not marry the person's— a grandparent: b parent: c child: d grandchild: e sibling: f parent's sibling: g sibling's child: h grandparent's spouse or civil union partner: i parent's spouse or civil union partner: j spouse's or civil union partner's parent: k spouse's or civil union partner's grandparent: l spouse's or civil union partner's child: m child's spouse or civil union partner: n grandchild's spouse or civil union partner: o spouse's or civil union partner's grandchild. 2 The prohibited degrees of marriage apply whether the relationships described are by the whole blood or by the half blood. 3 In this schedule, spouse and civil union partner include a former spouse or former civil union partner, whether alive or deceased, and whether the marriage or civil union was terminated by death, dissolution, or otherwise.

Amendment(s) incorporated in the Act(s). Amendment(s) incorporated in the Act(s). Amendment(s) incorporated in the Act(s). Amendment(s) incorporated in the Act(s) . Amendment(s) incorporated in the Act(s) . Amendment(s) incorporated in the Act(s) . Amendment(s) incorporated in the Act(s) . Amendment(s) incorporated in the Act(s).

1 This Act may be cited as the Marriage Act 1955. 2 This Act shall come into force on 1 April 1956.

1 In this Act, unless the context otherwise requires,— Commonwealth country includes a territory for whose international relations the Government of a Commonwealth country is responsible marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity marriage celebrant means a person authorised to act as a marriage celebrant under this Act Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act New Zealand representative means a person who is for the time being a head of mission or head of post (within the meaning of section 2 of the Foreign Affairs Act 1988 ) or a person assigned or reassigned to service overseas under section 6 of that Act service marriage means a marriage solemnised outside New Zealand at a time when the person who solemnised it, and at least one party to it, is a member of a naval, military, or air force raised in New Zealand, and the person who solemnised it— a is both a chaplain and a marriage celebrant; or b in the case only of a marriage solemnised before 1 September 1995 , is a person duly authorised to solemnise it. 2 In this Act, unless the context otherwise requires, the terms Registrar-General , Deputy Registrar-General , and Registrar have the meanings assigned to them by section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 .

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

1 The provisions of this Act, so far as they relate to capacity to marry, shall apply to the marriage of any person domiciled in New Zealand at the time of the marriage, whether the marriage is solemnised in New Zealand or elsewhere. 2 The provisions of this Act, so far as they relate to the formalities of marriage, including section 18 (marriage of persons 16 and 17 years of age), apply to any marriage solemnised in New Zealand, and to any marriage solemnised under section 44 , whether or not either of the parties to any such marriage is at the time of the marriage domiciled in New Zealand.

1 The Registrar-General shall be charged with the general administration of this Act. 2 The Deputy Registrar-General shall, under the control of the Registrar-General, have all the powers, duties, and functions of the Registrar-General. 3 During a vacancy in the office of Registrar-General, or in the case of the absence from duty of the Registrar-General, the Deputy Registrar-General shall have all the powers, duties, and functions of the Registrar-General.

1 The Registrar-General shall in each year prepare a list of marriage celebrants (in this Part referred to as the list) and shall cause the list to be published in the Gazette . 2 The list shall contain the name of each person entitled under this Act to act as a marriage celebrant and shall be corrected or added to as the occasion may require. The Registrar-General shall cause each correction or addition to the list to be published in the Gazette . 3 The Registrar-General shall specify in each list published in the Gazette a date on which the list shall come into force, and on that date all previous lists and all corrections and additions to any previous list shall be deemed to be cancelled and of no effect.

1 Subject to the provisions of subsections (2) and (3) , there shall be entered in the list the name of any minister of religion which has been sent to the Registrar-General by any of the religious bodies enumerated in Schedule 1 . 2 The name of any minister of religion which has been sent to the Registrar-General as aforesaid shall be accompanied by a certificate to the effect that the minister is recognised by the religious body as a minister of religion of that body. 3 The certificate shall be signed by the person or persons within New Zealand in whom ecclesiastical authority over the religious body is for the time being vested, or reputed to be vested, or, if there is no such person, by 2 duly recognised office bearers of the religious body.

1 Any organisation may apply to the Registrar-General in the manner hereinafter provided for approval as an organisation which may, pursuant to section 10 , nominate persons to solemnise marriages, (therein and in this section referred to as an approved organisation). 2 The application must be accompanied by a statement setting out— a the objects and beliefs of the organisation; and b the number or, if that cannot be accurately ascertained, the approximate number of members of the organisation who are of or over the age of 18 years. 2A The statement must be— a signed by the persons specified in subsection (2B), each of whom must state his or her age and address; or b approved electronically by, or on behalf of, the persons specified in subsection (2B) in a manner specified by the Registrar-General ( see also section 128 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ). 2B The persons are— a the chief office bearer and at least 10 members of the organisation who are of or over the age of 18; or b in the case of an organisation whose constitution or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18. 3 Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to a statement signed under subsection (2A)(a) are who they claim to be and are members of the organisation ( see also section 128 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ). 4 If the Registrar-General is satisfied that the principal object or one of the principal objects of the organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions, he or she may by notice in the Gazette declare the organisation to be an approved organisation. 4A If the Registrar-General fails or refuses to declare the organisation an approved organisation, he or she shall, if required to do so by the organisation, refer the application to the Minister who, if he or she is satisfied that the principal object or one of the principal objects of the organisation is to uphold or promote beliefs or convictions as aforesaid, may direct the Registrar-General to declare the organisation, by notice in the Gazette , an approved organisation; and in that case the Registrar-General shall forthwith do so. 6A Where an approved organisation changes its name or any of its objects, it shall forthwith give the Registrar notice in writing, signed in the manner required by subsection (2) for an application under subsection (1),— a of its former and new names; and b of whether or not its objects remain unchanged since it last stated them to the Registrar-General under this section; and c if those objects do not so remain unchanged, stating its present objects. 6B Where the Registrar-General is satisfied that an approved organisation has changed its name he or she shall notify the change by notice in the Gazette specifying that organisation's former and new names. 6C Where the Registrar-General— a has been notified under subsection (6A) that the objects of an approved organisation have changed; or b is satisfied that any of the objects of an approved organisation has changed since that organisation last stated its objects to the Registrar-General under this section,— he or she shall recommend to the Minister either— c that that organisation should continue to be an approved organisation; or d that the Minister should cancel the approval of that organisation. 6D The Registrar-General shall not recommend under subsection (6C) that an organisation should continue to be an approved organisation unless he or she is satisfied that the principal object or one of the principal objects of that organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions. 7 If— a at any time, the Minister — i becomes satisfied that, in the light of information not available to him or her or the Registrar-General (as the case may be) when an organisation was approved , or by virtue of a change in the circumstances of an approved organisation, that organisation should not continue to be an approved organisation; or ii is not satisfied (whether or not as a result of a recommendation under subsection (6C)) that the principal object or one of the principal objects of an approved organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions; or b for a continuous period of at least 12 months no person nominated by an approved organisation has his or her name on the list,— the Minister may, by notice in the Gazette , cancel the approval of that organisation; and on the date of the publication of that notice that organisation shall cease to be an approved organisation. 8 Every religious body not enumerated in Schedule 1 of which a member was an officiating minister immediately before the commencement of the Marriage Amendment Act 1976 is hereby declared to be an approved organisation.

1 The name of every adult member of an approved organisation nominated to be a marriage celebrant shall be sent to the Registrar-General together with a certificate from the organisation declaring that it wishes the member to be a marriage celebrant. 2 The certificate must be made or signed in the same manner as a statement under section 9(2A) to (3) . 3 If the Registrar-General is satisfied that any person so nominated is of good character and otherwise qualified to act as a marriage celebrant, and that the provisions of this Act in respect of the submission of his or her name have been complied with, he or she shall enter the name of the person on the list. 4 If the Registrar-General fails or refuses to enter in the list the name of any person nominated pursuant to this section he or she shall, if required to do so by any signatory to the certificate accompanying the person's nomination, refer the nomination to the Minister , who may direct the Registrar-General to enter the person's name in the list, and in that case the Registrar-General shall forthwith enter the person's name in the list.

1 Any person may apply to the Registrar-General to have his or her name entered on the list. 2 The application must— a be made in a form approved for the purpose by the Registrar-General; and b contain, or be accompanied by, such information as the Registrar-General requires; and c be accompanied by the prescribed fee (if any). 3 The Registrar-General may approve an application made under subsection (1) and enter the applicant's name on the list if the Registrar-General is satisfied that— a the applicant is— i a Justice of the Peace; or ii a person who is otherwise of good character; and b the applicant will conscientiously perform the duties of a marriage celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 2021 ; and c it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be a marriage celebrant.

Where it is desired that any person shall continue to act as a marriage celebrant , his or her name shall, in December in each year, be sent to the Registrar-General, and the provisions of this Part shall apply in any such case as if it were an application for the original entry of the name of the person concerned in the list.

1 Where the Registrar-General is satisfied that— a a marriage celebrant has died; or b a marriage celebrant no longer wishes to be a marriage celebrant; or c the organisation or religious body which submitted the name of a marriage celebrant no longer wishes him or her to be a marriage celebrant; or d the organisation which submitted the name of a marriage celebrant is no longer an approved organisation,— he or she shall remove the name of the marriage celebrant from the list and shall publish in the Gazette a correction to that effect. 2 If the Minister is satisfied— a that a marriage celebrant has wilfully failed or persistently neglected to register the particulars of any marriages or to forward or return to a Registrar or to the Registrar-General any documents required so to be forwarded or returned by this Act; or b that a marriage celebrant whose name has been entered in the list pursuant to section 11 should not continue to be a marriage celebrant— he or she may direct the Registrar-General to remove the name of that marriage celebrant from the list, and the Registrar-General shall remove the name from the list and shall publish in the Gazette a correction to that effect.

1 No person shall be entitled to act as a marriage celebrant unless his or her name appears in the list. 2 A copy of the Gazette purporting to contain a copy of any list or of any correction or addition to any list published in the Gazette in accordance with this Part shall be received in any court or before any person acting judicially as conclusive evidence of the truth of any statement in any copy published as aforesaid.

Nothing in this Part limits sections 32 and 32A (which exempt the Quakers and certain other religious bodies from observing requirements in Part 5 relating to the solemnisation of marriage in the presence of marriage celebrants).

1 Subject to the provisions of this section, a marriage which is forbidden by the provisions of Schedule 2 shall be void. 2 Any persons who are not within the degrees of consanguinity but are within the degrees of affinity prohibited by the said Schedule 2 may apply to the High Court for its consent to their marriage, and the court, if it is satisfied that neither party to the intended marriage has by his or her conduct caused or contributed to the cause of the termination of any previous marriage of the other party, may make an order dispensing with the prohibition contained in Schedule 2 so far as it relates to the parties to the application and, if such an order is made, that prohibition shall cease to apply to the parties. 3 The Registrar of the court where any order under this section is made shall send a copy in duplicate of the order to the Registrar-General. 4 No marriage not forbidden by the provisions of Schedule 2 shall be void only on the ground of consanguinity or affinity.

All marriages solemnised before the commencement of this Act that by virtue of section 15 would have been valid and lawful if this Act had been in force when they were solemnised shall be deemed to have been and to be valid and lawful, and the issue born of any such marriage (whether born before or after the commencement of this Act) shall be deemed to have been born in lawful wedlock: provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Act lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage: provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Act, or affect any proceedings commenced in any court before the commencement of this Act, or any decree, order, or judgment made or given (whether before or after the commencement of this Act) in any such proceedings.

1 A marriage licence shall not be issued by any Registrar and no marriage shall be solemnised by any Registrar or marriage celebrant if either of the persons intending marriage is under the age of 16 years on the date of the notice of the intended marriage given under section 23 .

1 This section applies if, on the date on which notice of an intended marriage is given under section 23 ,— a either party to the intended marriage is aged 16 or 17 years; or b both parties to the intended marriage are aged 16 or 17 years. 2 If this section applies, a Registrar must not issue a marriage licence authorising the intended marriage, or solemnise the marriage, unless a Family Court Judge has, under this section, consented to the intended marriage. 3 A party to an intended marriage who is aged 16 or 17 years must apply to the Family Court for a Family Court Judge’s consent to the intended marriage, and a joint application may be made if both parties to the intended marriage are aged 16 or 17 years. 4 A Family Court Judge may, on receipt of an application made under subsection (3), consent to the intended marriage only if the Judge is satisfied that, for each party to the intended marriage aged 16 or 17 years,— a the party has made the application voluntarily, free of undue influence or coercion; and b the party understands the consequences of the application and wants the Judge to consent to the intended marriage; and c the intended marriage is in the party’s interests. 5 In determining whether the intended marriage is in a party’s interests, the matters the Judge must take into account include, without limitation,— a the age and maturity of the party; and b the party’s views; and c any views of the party’s parents and guardians that can reasonably be ascertained; and d any other information available to the court relevant to the party’s application.

1 In any proceedings under section 18 , the Family Court Judge may appoint a lawyer to represent the applicant if the Judge is satisfied that the appointment is necessary or desirable. 2 In any proceedings under section 18 , the Family Court Judge may (whether or not an appointment is made under subsection (1))— a appoint a lawyer to assist the court; or b direct a Registrar of the court to appoint a lawyer to assist the court. 3 The fees and expenses of a lawyer appointed under subsection (1) or (2) must— a be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the Family Court; and b be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 4 An invoice for fees and expenses rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice. 5 If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision, and the Judge may make any order varying or confirming the decision that the Judge considers fair and reasonable.

1 In any proceedings under section 18 , the Family Court Judge may obtain a written cultural report by— a requesting a person whom the Judge considers qualified for the purpose to prepare one; or b directing the Registrar to request a person whom the Registrar considers qualified for the purpose to prepare one. 2 The court may act under subsection (1) only if satisfied that— a the information that the report will provide is essential for determining the application; and b the report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and c the proceedings will not be unduly delayed by the time taken to prepare the report; and d any delay in the proceedings will not have an unacceptable effect on the applicant. 3 If the court is entitled by subsection (2) to act under subsection (1) and if the court knows the applicant’s wishes about the obtaining of a report or can speedily ascertain them, the court must have regard to the applicant’s wishes before deciding whether or not to act under subsection (1). 4 Fees for the preparation of reports obtained under this section, and reasonable expenses incurred, must— a be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and b be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 5 In this section, cultural report means a report that is about the applicant and that covers an aspect or aspects of the applicant’s cultural background, including the applicant’s religious denomination and practice.

The grounds on which a marriage is void ab initio are set out in section 31 of the Family Proceedings Act 1980 .

1 Except as provided in section 15 or in section 21 , no marriage shall be deemed to be void by reason of any error or defect in the notice, declaration, or licence required before solemnisation, or in the registration of the marriage when solemnised where the identity of the parties is not questioned, or on account of any other infringement of the provisions of this Act. 2 Nothing in this section shall exempt any marriage celebrant , Registrar, or other person who does anything contrary to the provisions of this Act from any penalty for any offence under this Act committed by any such person.

1 Where 2 persons intend to marry in New Zealand, one of them shall give notice to a Registrar in a manner specified by the Registrar-General . 2 The person giving notice must verify that— a the particulars in the notice are true; and b he or she believes that the intended marriage is not prohibited by section 15 ; and c there is no other lawful impediment to the intended marriage. 2A The information in subsection (2) may be verified— a electronically in a manner specified by the Registrar-General ( see also section 128 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ); or b by the person giving notice appearing personally before the Registrar and making a statutory declaration. 3 However, if the 2 parties to an intended marriage are ordinarily resident outside New Zealand, the requirements of subsection (1) and (2A)(b) are satisfied if— a one of the parties gives notice to the Registrar in a manner specified by the Registrar-General; and b the Registrar is satisfied that one of the parties has made a statutory declaration as to the matters in subsection (2)(a) to (c).

1 Subject to the provisions of this Act, if a marriage is to be solemnised by a marriage celebrant or under section 32 , and notice has been given to a Registrar in accordance with section 23 , the Registrar shall, not earlier than the third day after the day the notice was given, issue to the person who gave the notice— a a marriage licence in the prescribed form, authorising the marriage of the persons named in it at the place, or either of 2 places (being a place or places situated in New Zealand), specified in it; and b 2 copies of a form provided by the Registrar-General for the purpose of returning information relating to marriages solemnised by marriage celebrants or under section 32 . 1A A Registrar other than the Registrar to whom the notice was given may issue the licence and copies (and in that case the Registrar to whom the notice was given does not have to do so). 2 Notwithstanding subsection (1), if satisfied that— a a proposed marriage is not prohibited by this Act; and b the requirements of this Act have been complied with; and c the parties to the proposed marriage would otherwise be inconvenienced,— a Registrar may issue a marriage licence and marriage return forms before the third day after the day the notice concerned was given.

1 Any person may lodge with any Registrar a caveat against the marriage of any person named in the caveat on the ground that the marriage is one in respect of which a licence should not be issued under this Act. 2 Every caveat shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address and the particular grounds of objection on which the caveat is founded. 3 Notice of any caveat may be given to any Registrar other than the Registrar with whom it was lodged. The notice shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address, the date and place of lodgement of the caveat, and the grounds of objection on which the caveat is founded. 4 Until the caveat has been withdrawn by the caveator or has been discharged as provided by section 26 , no licence in respect of the marriage of the person to whom the caveat relates shall be issued by any Registrar with whom the caveat has been lodged or to whom notice of the caveat has been given in accordance with this section, and no such Registrar shall solemnise the marriage.

1 A caveat is to be treated as discharged 1 year after the date on which it was lodged unless within that time a notice of the marriage to which the caveat relates is given under section 23 . 2 If the Registrar receives a notice under section 23 of an intended marriage against which the Registrar is aware a caveat has been lodged, the Registrar must submit the caveat to— a a Family Court Judge; or b a Family Court Associate; or c a District Court Judge, if no Family Court Judge or Family Court Associate is immediately available. 3 On receiving the caveat, the Judge or Family Court Associate must immediately— a inquire into the grounds of objection stated in the caveat; and b discharge the caveat if they are of the opinion that those grounds should not prevent the solemnisation of the marriage. 4 If a Judge or Family Court Associate has refused to discharge a caveat, any person may apply to a Family Court Judge for the discharge of the caveat. 5 On receiving an application under subsection (4), the Judge must discharge the caveat if the Judge is of the opinion that there is no longer any reason why the intended marriage should not be solemnised.

A person who lodged a caveat is liable for damages if the Judge or Family Court Associate considers the grounds on which the caveat was lodged vexatious and unreasonable.

A Registrar shall issue a marriage licence or solemnise a marriage, as the case may be, unless he or she has reasonable cause to believe that the marriage is prohibited by this Act or that any of the requirements of this Act have not been complied with: provided that no Registrar shall be required to solemnise a marriage at a time or on a day when his or her office is not ordinarily open for the transaction of public business under this Act unless he or she has agreed to do so.

1 A marriage licence shall authorise but not oblige any marriage celebrant to solemnise the marriage to which it relates. 2 Without limiting the generality of subsection (1) , no celebrant who is a minister of religion recognised by a religious body enumerated in Schedule 1 , and no celebrant who is a person nominated to solemnise marriages by an approved organisation, is obliged to solemnise a marriage if solemnising that marriage would contravene the religious beliefs of the religious body or the religious beliefs or philosophical or humanitarian convictions of the approved organisation.

1 A marriage shall not be solemnised by a marriage celebrant until the marriage licence issued in respect of the marriage has been delivered to him or her. 2 A marriage shall not be solemnised after the expiration of 3 months from the date of the licence issued in respect of the marriage. 3 A marriage shall not be solemnised by a Registrar before the third day after notice of the intended marriage has been given to him or her: provided that the Registrar, if he or she is satisfied that the marriage is not prohibited by this Act, that the requirements of this Act have been complied with, and that inconvenience would otherwise be caused to the persons intending marriage, may solemnise the marriage before that day. 4 A marriage shall not be solemnised by a Registrar after the expiration of 3 months from the date when notice of the intended marriage was given to him or her, or, where a caveat has been lodged, after the expiration of 3 months from the date when the caveat was withdrawn or discharged.

1 Every marriage solemnised by a marriage celebrant shall be solemnised at a place described in the marriage licence issued in respect of that marriage. 2 Subject to subsection (3), every such marriage shall take place between the persons named in the licence according to such form and ceremony as they may think fit to adopt, and shall be solemnised in the presence of a marriage celebrant and 2 or more witnesses . 3 During the solemnisation of every such marriage each party must say to the other— a I AB, take you CD, to be my legal wife or husband ; or b words to similar effect; or c in the case of the solemnisation of a marriage in accordance with the rules and procedures of a specified body that require different words to be used as a marriage vow than those set out in paragraph (a) , those words. 4 The solemnisation of a marriage may not be conducted in accordance with subsection (3)(c) unless the specified body in question first— a informs the Registrar of the words that are intended to be used in place of the words set out in subsection (3)(a) and satisfies the Registrar that the use of those words is in accordance with the rules and procedures of that body; and b notifies the Registrar of the safeguards to be adopted by that body to ensure that— i there is a clear identification of the parties to the marriage; and ii that the parties freely consent to the marriage; and iii the witnesses understand the ceremony and can verify the matters referred to in subparagraphs (i) and (ii) . 5 In this section, specified body means— a a religious body described in Schedule 1 or the subject of an exemption under section 32C : b an organisation approved under section 9 as an organisation that may nominate marriage celebrants.

1 The provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant shall not extend, and shall be deemed not to have extended, to any marriage solemnised (whether before or after the commencement of this Act) in accordance with the marriage regulations of the religious Society of Friends, commonly called Quakers, or in accordance with those regulations except so far as the regulations may require that marriages be solemnised at a place where public meetings for worship are regularly held: provided that no such marriage shall be solemnised unless a marriage licence has been issued: provided also that every such marriage shall be solemnised at a place stated in the marriage licence. 2 Every marriage to which this section applies shall be as valid as if solemnised under this Act before a marriage celebrant , and accordingly shall, for the purposes of this Act, wherever necessary be deemed to have been so solemnised. 5 Nothing in this section shall be construed to limit in any way the provisions of section 22 as to the validity of marriages.

1 The provisions of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant do not extend to marriages conducted in accordance with the rules and procedures of an exempt religious body. 2 Despite subsection (1) , a marriage to which that subsection applies— a must not be solemnised unless a marriage licence has been issued: b must be solemnised at a place stated in the marriage licence. 3 Every marriage to which subsection (1) applies is as valid as if solemnised under this Act before a marriage celebrant. 4 This section does not limit the provisions of section 22 relating to the validity of marriages. 5 In this section and in sections 32B to 32E , an exempt religious body is a body that is exempted by the Registrar-General under section 32C from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.

1 A religious body (other than the religious body to which section 32 applies) may apply to the Registrar-General for an exemption from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant. 2 An application made under subsection (1) must be accompanied by— a a statement setting out— i the beliefs and objects of the organisation; and ii the number or, if this cannot be accurately ascertained, the approximate number of members of the organisation of or over 18 years; and b a statement explaining why the objects and beliefs of the religious body are inconsistent with those provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant; and c a statement containing a description of the rules and procedures by which the body proposes to solemnise marriages. 3 The statement referred to in subsection (2)(a) must be— a signed by the persons specified in subsection (4), each of whom must state his or her age and address; or b approved electronically by, or on behalf of, the persons specified in subsection (4) in a manner specified by the Registrar-General ( see also section 128 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ). 4 The persons are— a the chief office bearer and at least 10 members of the religious body who are of or over the age of 18; or b in the case of a religious body whose rules and procedures or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18. 5 Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to an application signed under subsection (3)(a) are who they claim to be and are members of the body ( see also section 128 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ).

1 The Registrar-General may, on receiving an application under section 32B , grant the exemption sought by declaring the religious body to be an exempt religious body if the Registrar-General is satisfied— a that the body is a bona fide religious body; and b that the beliefs of that body are genuinely and sincerely held by its members; and c that the beliefs or objects of that body are inconsistent with the fulfilment of the requirements of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant; and d that the rules and procedures under which that body proposes to solemnise marriage are— i consistent with the requirements of this Act (other than those referred to in paragraph (c) ); and ii otherwise satisfactory. 2 If, on receiving an application under section 32B , the Registrar-General fails or refuses to declare the religious body to be an exempt religious body, the Registrar-General must, if required to do so by the religious body, refer the application to the Minister. 3 If the Minister considers that the requirements of subsection (1)(a) to (d) are satisfied, the Minister may direct the Registrar-General to declare the religious body to be an exempt religious body and, in that case, the Registrar-General must do so immediately. 4 A declaration under this section that a religious body is an exempt religious body must be made by way of notice in the Gazette .

1 If an exempt religious body changes its name or any of its beliefs or objects, it must immediately give the Registrar-General notice in writing, signed in the manner required by section 32B(2)(a) ,— a of its former and new names; and b of whether its beliefs and objects remain unchanged since it last stated them to the Registrar-General under section 32B ; and c if those beliefs and objects do not remain unchanged, stating its present beliefs and objects; and d stating whether its present beliefs and objects continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant. 2 If the Registrar-General is satisfied that an exempt religious body has changed its name, the Registrar must notify the change by notice in the Gazette specifying that body's former and new names. 3 Subsection (4) applies if the Registrar-General— a has been notified under subsection (1) that the beliefs or objects of an exempt religious body have changed; or b is satisfied that any of the beliefs or objects of an exempt religious body have changed since that organisation last stated its beliefs and objects to the Registrar-General under section 32B . 4 If subsection (3) applies, the Registrar-General must recommend to the Minister either— a that that exempt religious body should continue to be an exempt religious body; or b that the Minister must cancel the exemption of that body from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant. 5 The Registrar-General must not recommend, under subsection (4) , that an organisation should continue to be an exempt religious body unless the Registrar-General is satisfied that the objects and beliefs of the body continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant. 6 The Minister may exercise the power conferred by subsection (7) if, at any time, the Minister— a becomes satisfied that, in the light of information not available to the Minister or Registrar-General (as the case may be) when an exempt religious body was granted an exemption, or as a consequence of a change in the circumstances of an exempt religious body, that the body should not continue to be an exempt religious body; or b is not satisfied (whether or not as a result of a recommendation under subsection (4) ) that the beliefs and objects of the religious body are no longer inconsistent with the provisions of the Part relating to the solemnisation of marriage in the presence of a marriage celebrant. 7 If subsection (6) applies, the Minister may, by notice in the Gazette , cancel the exemption of the religious body referred to in subsection (6) , and on the date of the publication of that notice that body ceases to be an exempt religious body.

1 The Registrar-General must, in each year,— a prepare a list of exempt religious bodies (in this section referred to as the list); and b ensure that the list is published in the Gazette . 2 The list must contain the name of every exempt religious body and must be corrected or added to as often as is necessary to maintain its accuracy. 3 The Registrar-General must ensure that each correction of, or addition to, the list is published in the Gazette . 4 The Registrar-General must specify in each list published in the Gazette a date on which the list comes into force, and on that date all previous lists and all corrections and additions to any previous list are cancelled and of no effect.

1 After compliance with the provisions of this Act any marriage may be solemnised at the office of and before the Registrar and in the presence of 2 or more witnesses on any day (not being a Sunday, Good Friday, Anzac Day, or Christmas Day). 2 During the solemnisation of every such marriage each party to it shall declare: I solemnly declare that I do not know of any impediment to this marriage between me AB and CD, And shall say to the other party: I call on the people present here to witness that I, AB, take you, CD, to be my legal wife ( or husband), or words to similar effect.

With his or her prior consent, notice of an intended marriage may be given to the Registrar-General or Deputy Registrar-General, and the marriage may be solemnised before him or her, in the same manner and subject to the same requirements and conditions as if he or she were a Registrar.

1 Notwithstanding the provisions of this Act, a marriage solemnised in New Zealand in the absence of one party to the marriage shall, if it is solemnised in accordance with this section, be lawful. 2 A Family Court Judge may, on application in that behalf, authorise the marriage in New Zealand of any person who is resident in New Zealand to any person who is outside New Zealand if the Judge is satisfied that the person who is outside New Zealand is unable to come to New Zealand by reason of the existence of a state of war or armed conflict or by reason of the conditions of his or her service as a member of the armed forces of any Commonwealth country, or of any country for the time being allied with any Commonwealth country . 3 All the provisions of this Act shall, as far as they are applicable and with the necessary modifications, apply to any marriage to which this section relates. 4 Regulations under this Act may prescribe the form of any marriage to which this section relates before a Registrar, the manner and form in which the assent of the absent party to any such marriage shall be given, the time during which and the circumstances in which any document signed by the absent party may be revoked and the effect of any such revocation, and such other matters as may be considered necessary in respect of the solemnisation and registration of any such marriage.

2 Any person having lawful custody of a register book shall keep the book safely, and any such person who negligently loses the book, or wilfully or negligently destroys or defaces any entry in the book, or wilfully or negligently allows any entry in the book to be destroyed or defaced while the book is in his or her custody, commits an offence and shall be liable on conviction to a fine not exceeding $100 .

All marriages (whether solemnised before or after the commencement of this Act) which are valid in the United Kingdom by virtue of the Foreign Marriage Acts 1892 to 1947 of the Parliament of the United Kingdom, or by virtue of any Act of the Parliament of the United Kingdom passed in amendment of or in substitution for the Foreign Marriage Acts 1892 to 1947, shall be and shall be deemed always to have been as valid in New Zealand as if solemnised in New Zealand in accordance with this Act: provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Act lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage: provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Act, or affect any proceedings commenced in any court before the commencement of this Act, or any decree, order, or judgment made or given (whether before or after the commencement of this Act) in any such proceedings.

1 All marriages (whether solemnised before or after the commencement of this Act) at least one party to which is a citizen of a Commonwealth country or of the Republic of Ireland solemnised in a country other than the country of which the party is a citizen in accordance with a form authorised in that case by the law of the country of which the party is a citizen shall be as valid in New Zealand as if solemnised in New Zealand in accordance with this Act. 2 Nothing in this section shall affect the validity of any marriage solemnised out of New Zealand in accordance with the law of the country where the marriage was solemnised.

1 A person who intends to marry outside New Zealand in accordance with the law of another country or jurisdiction may apply to the Registrar-General for a certificate of no impediment. 2 An application must— a be made in the prescribed form; and b contain the prescribed information; and c be accompanied by the prescribed fee. 3 On receipt of an application, the Registrar-General must make whatever searches and inquiries he or she considers appropriate. 4 The provisions of sections 25(1) to (3) and 26 apply in respect of intended marriages to which this section relates in the same way as they apply to marriages intended to be solemnised in New Zealand. 5 The Registrar-General may issue a certificate of no impediment to the applicant if— a any caveat lodged within 14 days of the Registrar-General receiving an application under subsection (1) is withdrawn by the caveator or discharged under section 26 ; and b the Registrar-General is satisfied that no lawful impediment to the intended marriage has been shown to exist.

1 Where any citizen of a Commonwealth country or of the Republic of Ireland resident in New Zealand for at least 7 days desires to marry outside New Zealand under the Foreign Marriage Acts 1892 to 1947 of the Parliament of the United Kingdom or to marry any such citizen in the United Kingdom, he or she may give notice to a Registrar in a manner specified by the Registrar-General . 2 The person giving notice must verify that— a the particulars in the notice are true; and b he or she believes the intended marriage is not prohibited by Schedule 2 ; and c there is no other lawful impediment to the intended marriage. 2A The information in subsection (2) may be verified— a electronically in a manner specified by the Registrar-General ( see also section 128 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 ); or b by the person giving notice appearing personally before the Registrar and making a statutory declaration. 3 If the person giving notice is under the age of 20 years, the same consent shall be required as in the case of a marriage to be solemnised in New Zealand. 4 The provisions of section 25 relating to caveats shall apply in respect of intended marriages to which this section relates as they apply to marriages intended to be solemnised in New Zealand. 5 Subject to the provisions of subsections (2) to (4) , the Registrar shall, after the expiry of 14 days from the date of giving notice, issue a certificate in the prescribed form that notice of the intended marriage has been given.

1 Any New Zealand representative who has attended the marriage of a New Zealand citizen in a country other than New Zealand and is satisfied that the marriage has been solemnised in accordance with the formalities of the law of that other country may give a certificate in the prescribed form and shall forward a duplicate copy of the certificate to the Registrar-General.

A service marriage shall be deemed to have been and to be as valid as if it had been solemnised in New Zealand in accordance with the provisions of this Act.

Any person who without the authority of the Registrar-General makes any alteration in a register book, or any person having lawful custody of a register book who permits any such alteration, commits an offence and shall be liable on conviction to a fine not exceeding $100 .

Every Registrar who knowingly and wilfully issues any marriage licence or solemnises any marriage contrary to the provisions of this Act, or where there is any other lawful impediment to the marriage, and every marriage celebrant who knowingly and wilfully solemnises any marriage contrary to the provisions of this Act, or where there is any other lawful impediment to the marriage, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years, or to a fine not exceeding $600 , or to both.

Every person who falsely pretends to be a marriage celebrant and solemnises any marriage, knowingly and wilfully so doing, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.

Every person commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $400 , or to both, who knowingly and wilfully— a makes or causes to be made any false declaration or verification for the purposes of this Act; or b makes or causes to be made, for the purpose of being inserted in any register book, a false statement of any of the particulars required to be known and registered under the provisions of this Act; or c notifies any Registrar of the lodgement of a caveat under section 25 if in fact no such caveat has been lodged.

No prosecution under this Act shall be commenced after the expiration of 3 years from the date when the offence was committed.

1 The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a prescribing fees for the doing of any act under this Act: b prescribing forms to be used for the purposes of this Act and the matters to be specified in such forms: c providing for such other matters as are contemplated by or necessary to give full effect to the provisions of this Act and its due administration. 2 Where the Registrar-General or any Registrar is empowered by this Act to do any act for which a fee is payable, he or she may refuse to do the act until the fee is paid. 3 Notwithstanding the provisions of any regulations under this Act, the Registrar-General may dispense with the payment of any fee payable under this Act. 4 Regulations under this section are secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements).

1 Rules may be made under section 16A of the Family Court Act 1980 regulating the practice and procedure of the Family Court in proceedings under sections 18 and 26 . 2 The rules do not affect the practice and procedure of the District Court in proceedings under section 26 .

1 The Registrar-General may specify— a the manner in which a notice may be given for the purposes of sections 23 and 42 , including specifying— i when, where, and how the notice may be given; and ii forms (including electronic forms) requiring information or setting out information that must be provided in the notice; and iii requirements in connection with the use of specified forms; and b the manner in which information may be verified electronically for the purposes of sections 9 , 10 , 23 , 32B , and 42 , including specifying— i when and how information must be verified; and ii what evidence must be provided to verify the information; and iii requirements with which evidence must comply. 2 Information required by a form specified under subsection (1)(a)(ii) must be prescribed by regulations.

All fines recovered and all fees received by a Registrar or the Registrar-General under this Act shall be paid into and form part of a Crown Bank Account .

1 The enactments specified in Schedule 3 are hereby repealed. 2 The enactments specified in Schedule 4 shall, at the commencement of this Act, cease to have effect as part of the law of New Zealand. 3 Without limiting the provisions of the Acts Interpretation Act 1924 , it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done. 4 It is hereby declared that the provisions of sections 20 and 21 of the Acts Interpretation Act 1924 shall apply to the enactments to which subsection (2) applies as if those enactments were Acts of the General Assembly of New Zealand.

A ratepayer’s entitlement to a rebate for a rating year ending before 1 July 2025, and the amount (if any) of that rebate, must be determined as if the Rates Rebate Amendment Act 2025 had not been enacted.

1 This Act may be cited as the Rates Rebate Act 1973. 2 This Act shall be deemed to have come into force on 1 April 1973.

1 In this Act, unless the context otherwise requires,— cardholder has the meaning given in regulation 282 of the Social Security Regulations 2018 child means a person under the age of 18 years who is not married or in a civil union or a de facto relationship dependant , in relation to any ratepayer, means— a a child who, at the commencement of the rating year in respect of which an application for a rebate under this Act is made, is a child who ordinarily resides on the property in respect of which the rates are payable and is a child— i whose care is primarily the responsibility of the ratepayer or his or her spouse or partner ; and ii who is being maintained as a member of the ratepayer's family; and iii who is financially dependent on the ratepayer or his or her spouse or partner ; and iv who is not a person in respect of whom payments were being made under section 363 of the Oranga Tamariki Act 1989 ; or b a relative of the ratepayer (other than a child to whom paragraph (a) applies or the spouse or partner of the ratepayer) by blood, marriage, by or through a civil union or de facto relationship, or by adoption who, at the commencement of the rating year in respect of which an application for a rebate under this Act is made, ordinarily resides on the property in respect of which the rates are payable and who, at the commencement of that year, receives a social security benefit under the Social Security Act 2018 income , in relation to any ratepayer and to any preceding tax year ,— a includes all money received by the ratepayer from any source for the use or advantage of the ratepayer; and b includes all money received by the spouse or partner of the ratepayer from any source (being a spouse or partner who is ordinarily resident on the property in respect of which a rebate of rates is applied for under this Act) for the use or advantage of the spouse or partner of the ratepayer; and c includes, in the case of a ratepayer who carries on any business as a self-employed person, the amount that would be the ratepayer's net income in the preceding tax year (within the meaning of the Income Tax Act 2007 ) if the only income for that year of the ratepayer was derived in carrying on that business; but d does not include— i any capital money received from any source: ii any payment made under the Veterans’ Support Act 2014 other than— A weekly income compensation; or B weekly compensation (whether for a veteran or the veteran’s family); or C veteran’s pension; or D retirement lump sum; or E children’s pension; or F dependant’s pension: iii any pension or periodical allowance or any part thereof received by any person from the Government of any Commonwealth country (other than New Zealand) that the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 determines is analogous to a payment described in subparagraph (ii): iv any money received as a grant to meet funeral expenses: v any money paid in respect of any military decoration and received by the recipient of such decoration: vi any family tax credit payable under the Income Tax Act 2007 : vii any salary or wages of a person in receipt of any supported living payment, sole parent support, or related emergency benefit under the Social Security Act 2018 or a veteran's pension under Part 6 of the Veterans' Support Act 2014 or a veteran's pension under the Social Welfare (Transitional Provisions) Act 1990 , being salary or wages earned in respect of a period before the date of commencement of that benefit or pension: viii any winter energy payment received under the Social Security Act 2018 local authority means a local authority within the meaning of the Local Government Act 2002 operator has the same meaning as in section 5 of the Retirement Villages Act 2003 partner , in relation to any ratepayer, means the civil union partner or de facto partner of the ratepayer, being a civil union partner or de facto partner who, at the commencement of the rating year in respect of which an application for a rebate under this Act is made, ordinarily resides on the property in respect of which the rates are payable preceding tax year means the period of 12 months ending with 31 March preceding the commencement of the rating year in respect of which the application is made property means— a a rating unit within the meaning of sections 5B and 5C of the Rating Valuations Act 1998 ; or b a separate rating area within the meaning of section 5 of the Local Government (Rating) Act 2002 ratepayer has the meaning given to that term in section 10 of the Local Government (Rating) Act 2002 rates , in relation to a residential property, means— a a general rate or targeted rate or uniform annual general charge that is assessed on the property, but does not include— i the amount of a discount that is allowed under section 55(3) or 56(4) of the Local Government (Rating) Act 2002 , whether or not the discount has been allowed to the ratepayer in question; or ii the amount of a penalty added under section 57 of the Local Government (Rating) Act 2002 ; or iii rates for which judgment has been entered in a court; and b charges set and collected under section 86 , 87 , or 88 of the Local Government (Water Services) Act 2025 ; and c charges set and collected by Watercare Services Limited for providing water supply services and wastewater services under the Local Government (Water Services) Act 2025 rates rebate or rebate includes a refund of rates under section 6 rating year means a period of 12 months beginning on 1 July resident has the same meaning as in section 5 of the Retirement Villages Act 2003 residential property means— a a rating unit or separate rating area under the Local Government (Rating) Act 2002 that is used as the usual place of residence of the ratepayer at the commencement of the rating year in respect of which an application for a rebate under this Act is made, but does not include any unit or separate rating area that is also used principally for commercial or industrial or business or farming purposes; or b a rating unit under the Local Government (Rating) Act 2002 that is used as a retirement village at the commencement of the rating year in respect of which an application for a refund under section 7A is made residential unit has the same meaning as in section 5 of the Retirement Villages Act 2003 retirement village has the meaning specified in section 6 of the Retirement Villages Act 2003 spouse , in relation to any ratepayer, means the wife or husband of the ratepayer, being a wife or husband who, at the commencement of the rating year in respect of which an application for a rebate under this Act is made, ordinarily resides on the property in respect of which the rates are payable SuperGold Card has the meaning given in regulation 282 of the Social Security Regulations 2018 territorial authority means a territorial authority within the meaning of the Local Government Act 2002 . 2 For the purposes of paragraph (c) of the definition of the term income in subsection (1), any income of any person allowed by any provision of the Income Tax Act 2007 to be spread back or forward or allowed to be apportioned to a financial year earlier or later than that in which it was derived shall be included in the income of that person for the financial year in which it was derived. 3 For the purposes of the rating year commencing on 1 July 1990, the expression immediately preceding rating year shall refer,— a in sections 3(1)(a)(ii) and 4 , to the period of 12 months ending on 30 June 1990: b in section 8(1)(a)(i) and (ii) , to the period of 12 months ending on 31 March 1990.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

1 A ratepayer who, at the commencement of a rating year, was the ratepayer of a residential property is entitled, on application in that year , to a rebate of— a so much of the rates payable for that rating year in respect of the property as represents— i two-thirds of the amount by which those rates exceed $160 , reduced by— ii $1 for each $8 by which the ratepayer's income for the preceding tax year exceeded the ratepayer’s income abatement threshold, the amount of that threshold being increased by $500 in respect of each person who was a dependant of the ratepayer at the commencement of the rating year in respect of which the application is made; or b $805 ,— whichever amount is smaller. 1AA For the purposes of subsection (1)(a)(ii), a ratepayer’s income abatement threshold is— a $45,000 for a ratepayer who, at the time the ratepayer applies for the rebate, is a SuperGold Card cardholder; or b $32,210 for any other ratepayer. 1A A ratepayer who, at the commencement of a rating year, was the ratepayer of a residential property, and later during that year becomes the ratepayer of another residential property, is entitled to a rates rebate under subsection (1). The amount of the rebate must be apportioned according to the amount of time the ratepayer was the ratepayer of each residential property during the rating year. 2 The Governor-General may from time to time, by Order in Council, amend the provisions of subsection (1) or (1AA) by substituting any amount for any amount specified in that subsection. 3 An order under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements).

1 Subsection (2) applies if the names of 2 or more persons appear in the rating information database in respect of 1 residential property and 1 of those persons applies for a rebate under this Act. 2 For the purposes of section 3 , the income for the preceding tax year of the other persons who were ordinarily resident on the property at the commencement of the rating year in respect of which the application was made must be added to the income for the preceding tax year of the applicant.

1 Subject to section 6 , every application for a rebate of rates shall be made to the territorial authority in whose district the property is situated, whether the rates are payable to that territorial authority or to any other local authority. 2 The ratepayer in respect of any residential property may in any rating year apply to that territorial authority for a rebate in accordance with section 3 of the rates due and payable in respect of that property for that rating year. 3 Every such application shall be made on a form approved for the purpose by the Secretary for Local Government, shall be verified in writing by the applicant, and shall be left at the public office of the territorial authority or sent by post addressed to that office. 4 Where the amount of any water charges payable to the territorial authority, or of any rates payable to a local authority other than the territorial authority, in respect of the property for the rating year in which the application is made is not known at the time when the application is made, then, for the purpose of determining the amount of the rebate to which the ratepayer is entitled, the amount of those water charges or rates, as the case may be, payable in respect of the property for the rating year shall be deemed to be the same amount as the amount that was payable for the immediately preceding rating year. 5 Where application is made to a territorial authority under subsection (2), and the chief executive of the territorial authority or other officer authorised by him for the purpose is satisfied that the application has been properly completed,— a a rebate of rates shall be granted to the applicant of the amount to which he is entitled on the basis of the information contained in his application; and b the amount of that rebate shall be deducted from the total amount of the rates due and payable to that territorial authority in respect of the property for the rating year in which the application is made; and c the amount then remaining shall be deemed to be the amount of the rates payable in respect of the property to the territorial authority for that rating year: provided that the amount of a penalty added under section 57 of the Local Government (Rating) Act 2002 must be calculated as if the rebate had not been granted. 6 The chief executive of the territorial authority or other authorised officer is not required to verify a statement about any of the following matters made by a ratepayer in their application for a rebate: a the ratepayer’s income: b the income of any other person: c the occupancy of the property: d the ratepayer’s status as a SuperGold Card cardholder.

1 Notwithstanding anything in section 5 , a ratepayer in respect of any residential property may, instead of claiming from the territorial authority a rates rebate for any year under the said section 5, pay the rates in full and apply under subsection (2) for a refund of the amount that he would have been entitled to receive by way of rebate for that year in respect of those rates in accordance with section 3 if application for a rebate had been made under section 5. 2 Every application under this section shall— a be made on a form approved for the purpose by the Secretary for Local Government; and b be verified in writing by the applicant; and c be accompanied by the receipts for the rates in respect of which the refund is claimed; and d be left at the public office of the territorial authority in whose district the property is situated (whether the rates are payable to that territorial authority or to any other local authority), or sent by post addressed to that office. 3 Section 5(4) shall apply with respect to any application for a refund made under this section. 4 Where application for a refund is made under this section and the chief executive of the territorial authority or other officer authorised by the chief executive is satisfied that the application has been properly completed, the chief executive or authorised officer must grant the application and pay to the ratepayer the amount of the refund to which the ratepayer is entitled.

1 Where the owner of an owner-occupier flat contributes an amount towards the outgoings payable in respect of the property of which the flat forms part, he may apply under subsection (2) for a refund of such part of the amount of that contribution as is made in respect of the rates payable in respect of that property as he would be entitled to receive by way of rebate under section 3 if— a the flat was separately rated and he was the ratepayer in respect thereof; and b so much of the amount of his contribution in any rating year as was made in respect of rates was the amount of the rates payable in respect of the flat for that rating year. 2 Every application under this section shall— a be made on a form approved for the purpose by the Secretary for Local Government; and b be verified in writing by the applicant; and c be accompanied by a certificate in writing signed by the person appearing in the rate records as the occupier of the rateable property of which the owner-occupier flat forms part and specifying— i the total amount of the rates payable in respect of that rateable property for the rating year; and ii the amount contributed by the applicant in respect of those rates, or, where no part of the annual contribution made by the applicant was specifically made in respect of rates, the amount of that contribution and the total amount of the annual contributions made by all the owners of owner-occupier flats on the property; and iii that the contribution made by the applicant was made pursuant to a written agreement entered into between him and the person appearing in the rate records as the occupier of the rateable property of which the owner-occupier flat forms part before the applicant entered into possession of the flat, or pursuant to a written agreement made by a predecessor in title of the applicant and binding on the applicant; and d be left at the public office of the territorial authority in whose district the property is situated (whether the rates are payable to that territorial authority or to any other local authority), or sent by post addressed to that office. 3 Where no part of the annual contribution made by an applicant in respect of outgoings on the property of which his owner-occupier flat forms part is specifically made in respect of rates, then, for the purposes of this section, the applicant shall be deemed to have contributed in respect of rates an amount that bears to the total amount of rates payable in respect of the property the same proportion as the amount of his contribution bears to the total amount of the contributions of all the owners of owner-occupier flats on the property. 4 The provisions of subsection (4) of section 5 shall apply with respect to any application for a refund made under this section. 5 Where application for a refund is made under this section and the chief executive of the territorial authority or other officer authorised by the chief executive for the purpose is satisfied that the application has been properly completed, the chief executive or authorised officer must grant the application and pay to the ratepayer the amount of the refund to which the ratepayer is entitled. 6 In this section, the term owner-occupier flat means a residential flat in respect of which the applicant has a right of occupation under a lease or licence held by him by virtue of being a shareholder in a company owning the land on which the building comprising or including the owner-occupier flat is erected or by virtue of being the owner of an estate or interest in the land on which the building comprising or including the owner-occupier flat is erected.

1 This section applies to a resident of a retirement village— a who has a residential unit in the retirement village but is not a ratepayer in respect of that unit; and b who contributes to the outgoings of the retirement village. 2 A resident may apply for a refund of the amount of the rates contribution that the resident would be entitled to receive as a rebate under section 3 if— a the residential unit were separately rated and the resident were the ratepayer; and b the amount of the resident’s rates contribution in any rating year is the amount of the rates payable in respect of the residential unit for that rating year. 3 For the purpose of calculating a resident’s income in accordance with section 3 (as applied by subsection (2)), the resident’s income for the preceding tax year includes the income for that tax year of a spouse, a partner, or any other person who was ordinarily resident in the residential unit at the commencement of the rating year for which an application for a refund is made. 4 An application for a refund must— a be made on a form approved for the purpose by the Secretary for Local Government; and b be verified in writing by the resident; and c be accompanied by a certificate in writing signed by the operator of the retirement village specifying— i the total amount of the rates payable in respect of that retirement village for the rating year; and ii the amount of the resident’s rates contribution, and if subsection (5) applies, the amount of the resident’s annual contribution and the total amount of the annual contributions made by all residents of the retirement village; and iii that the resident’s rates contribution was made under a written agreement between the operator and the resident; and d be left at the public office of the territorial authority in whose district the property is situated (whether the rates are payable to that territorial authority or to any other local authority) or be sent by post addressed to that office. 5 If no part of the resident’s annual contribution to the outgoings of the retirement village is specifically made in respect of rates, then, for the purposes of this section, the resident is deemed to have contributed in respect of rates an amount that bears to the total amount of rates payable in respect of the retirement village the same proportion as the amount of the resident’s contribution bears to the total amount of the contributions of all the residents of the retirement village. 6 After being satisfied that the application has been properly completed, the chief executive of the territorial authority, or an officer authorised by the chief executive for the purpose, must— a credit any refund amount to the rates account of the retirement village and notify the operator and the resident in accordance with subsection (8); or b if the resident requests, pay any refund amount to the resident. 7 On receipt of a refund amount under subsection (6)(a), the operator must— a credit the refund amount to any amount that the resident owes, or may be liable to pay, as a contribution to the outgoings of the retirement village; or b pay the refund amount to the resident. 8 A notice under subsection (6)(a) must state the resident’s name, the refund amount, the rating year that the refund amount applies to, and when the refund amount was credited. 9 Section 5(4) applies to the application with all necessary modifications. 10 In this section, rates contribution means, in relation to a resident of a retirement village, that part of the resident’s contribution to the outgoings of the retirement village that is made (whether specifically or by virtue of subsection (5)) towards the rates payable in respect of the retirement village.

1 Where any rates in respect of which a ratepayer has applied for a rebate pursuant to section 5 are payable by instalments pursuant to section 24 of the Local Government (Rating) Act 2002 , the following provisions shall apply with respect to any rebate granted pursuant to the said section 5: a where the rebate is granted before the rates for the rating year have been set , the amount of the rebate granted in respect of each such instalment shall be— i an amount determined by dividing the total amount of the rebate or rebates granted to the applicant for the immediately preceding rating year by the number of instalments of rates still to be paid for the current rating year; or ii where no rebate was granted to the applicant for the immediately preceding rating year, the rebate to which he would be entitled if the amount of the rates in respect of the residential property of which the applicant is the ratepayer assessed for the current rating year was the same as the amount of all rates assessed on the property for the immediately preceding rating year divided by the number of instalments of rates still to be paid for the current rating year: provided that, in respect of instalments payable after the date on which the rates for the rating year are set , the amount of the rebate on each such instalment shall be the total rebate granted for the rating year, less any rebate already allowed for that year, apportioned equally, or as nearly equally as is possible, among the instalments of rates still to be paid: b where the rebate is granted after the rates for the rating year have been set , the amount of that rebate shall be apportioned equally, or as nearly equally as possible, among the instalments of rates still to be paid to the local authority : d where the amount of the rebate exceeds the total amount of all the instalments of rates for the rating year to be paid to the local authority after the date of the granting of the rebate, the local authority shall pay the amount of the excess to the ratepayer.

1 Where any ratepayer has been granted a rebate of rates pursuant to section 5 (including any payment made to the ratepayer pursuant to section 8(1)(d) ) or any person has been granted a refund of rates under section 6 , 7 , or 7A , the Secretary for Local Government shall, on application made to him by the territorial authority on a form approved by him for the purpose, and being satisfied that the rebate or refund has been properly granted in accordance with section 5 , 6 , 7 , or 7A , as the case may be, refund the amount of the rebate or refund to the territorial authority out of money appropriated by Parliament. 2 The Secretary for Local Government may from time to time pay to any territorial authority, out of money appropriated by Parliament, such amounts as the Secretary thinks fit by way of advances in anticipation of refunds to be made to the territorial authority pursuant to subsection (1).

1 Where— a any ratepayer has been granted a rebate of rates pursuant to section 5 (including any payment made to the ratepayer pursuant to section 8(1)(d) ) or any person has been granted a refund of rates under section 6 , 7 , or 7A ; and b the Secretary for Local Government has declined to refund to the territorial authority the amount of the rebate or refund granted, or any part thereof, on the ground that the ratepayer or person was not entitled to a rebate or refund or was granted a rebate or refund in excess of the amount to which he was entitled,— the amount of the rebate or refund granted, or, as the case may be, the amount of the excess, shall be deemed to be a rate payable to the territorial authority in respect of the property, and shall be payable and recoverable accordingly. 2 Where, in any case to which subsection (1) does not apply,— a a rates rebate or refund has been granted under section 5 , 6 , 7 , or 7A ; and b the ratepayer or person was not entitled to the rebate or refund or was granted a rebate or refund in excess of the amount to which he was entitled,— the amount of the rebate or refund granted, or, as the case may be, the amount of the excess, may be recovered from the ratepayer or person as a debt due to the Crown.

1 Subject to subsection (2), it shall be the duty of every person to answer fully and correctly to the best of his knowledge and belief all questions in respect of any application for a rebate under this Act or any other matter arising under this Act put to him by any person authorised for the purpose by the Secretary for Local Government, and to produce for the inspection of any person so authorised such certificates, books, documents, or other information as he may require for the purposes of this Act. 2 No person who is bound or privileged by the provisions of any enactment, or by any rule or law, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information or to answer any question put by a person authorised pursuant to subsection (1) in relation to that matter, or produce to any person so authorised any document or paper or thing relating to it, if compliance with that requirement would be any breach of the obligation or privilege of secrecy or non-disclosure.

Notwithstanding anything in this Act, the chief executive of a territorial authority or other authorised officer may at any time seek advice from the Secretary for Local Government on any matter connected with any application for a rebate or refund of rates under this Act.

Except for the purposes of this Act or the Public Finance Act 1989 , or of investigating the correctness of any information contained in any application for a rebate under this Act, no officer of a territorial authority shall disclose to any person any information contained in any application for a rebate made under this Act or disclosed or obtained pursuant to section 11 .

An application that is required to be verified in writing for the purposes of this Act must be verified in a manner and form approved by the Secretary for Local Government.

1 Every person commits an offence who,— a for the purpose of obtaining any rates rebate under this Act, for himself or for any other person, makes any statement or verification knowing it to be false in any particular, or wilfully misleads or attempts to mislead any person concerned in the administration of this Act or any other person whatsoever; or b refuses or fails to comply with any requirement under section 11 , or refuses or fails to answer any question put to him pursuant to that section, or knowingly gives any false or misleading answer to any such question. 2 Every person who commits an offence against this Act is liable on conviction before a District Court Judge to imprisonment for a term not exceeding 12 months or to a fine not exceeding $500, or to both. 3 Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the facts alleged in the charging document are brought to the knowledge of any officer of the Department of Internal Affairs concerned in the administration of this Act.

1 This Act may be cited as the Property (Relationships) Act 1976. 2 This Act shall come into force on 1 February 1977.

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 that are relevant to them.

This Part is intended only as a guide to the general scheme and effect of this Act.

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 separate or one of them dies. 2 This Act applies differently depending on the length of the marriage, civil union, or de facto relationship : a in the case of marriages and civil unions , special rules apply to marriages and civil unions of less than 3 years: b in the case of de facto relationships, this Act usually applies only when the de facto partners have lived together for at least 3 years, but it may apply to shorter de facto relationships in certain circumstances. 3 In general, the couple's property is to be divided equally between the couple.

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 —Division of relationship property: e Part 5 —Relationship property and creditors: f Part 6 —Contracting out: g Part 7 —Proceedings under this Act: h Part 8 —Division of property where one spouse or partner dies: i Part 9 —Transitional provisions and savings. 2 Sections 1E to 1L summarise what each Part (other than this Part) contains.

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 Act mean: b provides that this Act does not apply to Maori land: c sets out how this Act applies to property located in New Zealand or overseas.

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 b which provisions of this Act apply with respect to the division of relationship property when one spouse or partner dies. 2 Part 3 also— a sets out how this Act applies in various other circumstances (such as when one of the spouses or partners is declared bankrupt): b sets out what happens if proceedings are commenced while both spouses or partners are alive, and one or both of them die before the proceedings are completed.

Part 4 sets out how the property of spouses, civil union partners, and de facto partners is to be divided when they separate and cannot agree on the matter. It deals with matters like— a on what basis is the relationship property to be divided? b what happens if the spouses or partners have been living together for less than 3 years? c can the court do anything to redress any disparities between the income and living standards of the spouses or partners after the marriage , civil union, or de facto relationship ends? d how are the different contributions of the spouses to the marriage , or of the partners to the civil union , or of the de facto partners to the de facto relationship, assessed?

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 secured and unsecured creditors have against the spouses or partners , and against property owned by the spouses or partners ? b to what extent is the share of one spouse or partner reduced by the fact that the other spouse or partner has unsecured personal debts?

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 between the spouses or partners have to be in writing? b do the spouses or partners need legal advice about entering into a property agreement? c can a court overrule a property agreement?

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 the procedures that apply to court proceedings under this Act; and c deals with some general issues. 2 Part 7 deals with matters like— a what court do applications have to be made to? b who can apply for a court order dividing a couple's property? c is there any time limit on applying for a court order? d can a court order be obtained stopping a person from disposing of property? e what happens if the spouses or partners attempt to defeat their creditors by disposing of property?

Part 8 sets out how the property of spouses , civil union partners, or de facto partners is to be divided when one of them dies. It deals with matters like— a what if the deceased spouse or partner has left a will? b can the estate of the deceased spouse or partner make a claim against the spouse or partner who is still alive? c what is the effect on rights under other legislation that relates to claims to a deceased person's property (such as the Law Reform (Testamentary Promises) Act 1949 and the Family Protection Act 1955 )?

Part 9 contains— a transitional provisions, dealing with matters like— i how this Act applies to marriages that took place before it came into force; and ii the effect of this Act on proceedings commenced under legislation in force before this Act came into force; and b savings provisions, dealing with matters such as the effect of this Act on matrimonial settlements made before this Act came into force.

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 relationship: b to recognise the equal contribution of both spouses to the marriage partnership, of civil union partners to the civil union, and of de facto partners to the de facto relationship partnership: c to provide for a just division of the relationship property between the spouses or partners when their relationship ends by separation or death, and in certain other circumstances, while taking account of the interests of any children of the marriage or children of the civil union or children of the de facto relationship.

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 enhanced: b the principle that all forms of contribution to the marriage partnership, civil union, or the de facto relationship partnership, are treated as equal: c the principle that a just division of relationship property has regard to the economic advantages or disadvantages to the spouses or partners arising from their marriage , civil union, or de facto relationship or from the ending of their marriage , civil union, or de facto relationship: d the principle that questions arising under this Act about relationship property should be resolved as inexpensively, simply, and speedily as is consistent with justice.

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 child of both civil union partners; and b includes any other child (whether or not a child of either civil union partner) who was a member of the family of the civil union partners— i at the time when they ceased to live together; or ii at the time immediately before an application under this Act, if at that time they had not ceased to live together; or iii at the date of the death of one of the civil union partners child of the de facto relationship — a means any child of both de facto partners; and b includes any other child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners— i at the time when they ceased to live together; or ii at the time immediately before an application under this Act, if at that time they had not ceased to live together; or iii at the date of the death of one of the de facto partners child of the marriage — a means any child of both spouses; and b includes any other child (whether or not a child of either spouse) who was a member of the family of the spouses— i at the time when they ceased to live together; or ii at the time immediately before an application under this Act, if at that time they had not ceased to live together; or iii at the date of the death of one of the spouses; and c if the marriage was immediately preceded by a de facto relationship or civil union between the spouses, includes any child of the de facto relationship or civil union Commonwealth country — a means a country that is an independent sovereign member of the Commonwealth; and b includes every territory for whose international relations the Government of such a country is responsible; and c also includes the Republic of Ireland as if it were an independent sovereign member of the Commonwealth contribution has the meaning given to it by section 18 court means— a the Family Court; or b if another court has jurisdiction in the proceedings, that court de facto partner has the meaning given to it by section 2C ; and includes a former de facto partner de facto relationship has the meaning given to it by section 2D distribution , in relation to an estate, has the meaning given to it by section 46 of the Administration Act 1969 dwellinghouse includes a flat or town house, whether or not occupied under a licence to occupy within the meaning of section 122 of the Land Transfer Act 2017 family chattels — a means chattels of the following kind that either or both of the spouses or partners own: i household furniture: ii household appliances, effects, or equipment: iii articles of household or family use or amenity or of household ornament, including tools, garden effects and equipment: iv motor vehicles, caravans, trailers, or boats, used wholly or principally, in each case, for family purposes: v accessories of a chattel to which subparagraph (iv) applies: vi household pets; and b includes any of the chattels mentioned in paragraph (a) that are in the possession of either or both spouses or partners under a hire purchase or conditional sale agreement or an agreement for lease or hire; but c does not include— i chattels used wholly or principally for business purposes: ii money or securities for money: iii heirlooms: iv taonga family home — a means the dwellinghouse that either or both of the spouses or partners use habitually or from time to time as the only or principal family residence, together with any land, buildings, or improvements appurtenant to that dwellinghouse and used wholly or principally for the purposes of the household; and b includes a joint family home homestead — a means a family home where the dwellinghouse that comprises the family residence is situated on an unsubdivided part of land that is not used wholly or principally for the purposes of the household; but b does not include a family home that is occupied— i pursuant to a licence to occupy within the meaning of section 122 of the Land Transfer Act 2017 ; or ii because of the ownership of a specified share of any estate or interest in the land on which the dwellinghouse that comprises the family residence is situated and by reason of reciprocal agreements with the owners of the other shares; or iii in the case of a flat or town house that is part of a block of flats or town houses or is one of a number of flats or town houses situated on the same piece of land, under a lease or other arrangement that entitles the occupants of the flat or town house to exclusive possession of it joint family home means land settled as a joint family home under the Joint Family Homes Act 1964 lawyer ,— a other than in Part 6 and section 65 , means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006 ): b in Part 6 and section 65 ,— i in the case of a document signed in New Zealand, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006 ): ii in the case of a document signed in a Commonwealth country outside New Zealand, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006 ), or a solicitor entitled to practise in that country, or a notary public: iii in the case of a document signed in a country that is not a Commonwealth country, means a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006 ), or a notary public life insurance policy — a means a policy of assurance taken out by one spouse or partner ( party A ) on his or her own life or the life of his or her spouse or partner ( party B ), regardless of whether— i the policy is for the benefit of party A or party B: ii the proceeds are payable on the death of the assured or on the occurrence of a specified event or otherwise; and b includes the proceeds of such a policy of assurance payable to a surviving spouse or partner or to the personal representative of the deceased spouse or partner ; but c does not include either of the following kinds of policy, or the proceeds of a policy of either of those kinds: i a policy that was fully paid up at the time the marriage , civil union, or de facto relationship began: ii a policy where a third person is beneficially entitled to the proceeds of the policy marriage has the meaning given to it by section 2A option A and option B mean the options set out in section 61 owner , in respect of any property, means the person who, apart from this Act, is the beneficial owner of the property under any enactment or rule of common law or equity partner , in the phrase spouse or partner and in related contexts, means a civil union partner or a de facto partner personal debt has the meaning given to it by section 20 proceedings means proceedings under this Act, except in sections 51 , 96 , and 97(3) property includes— a real property: b personal property: c any estate or interest in any real property or personal property: d any debt or any thing in action: e any other right or interest protected interest has the meaning given to it by section 20B Registrar means a Registrar of the court; and includes a Deputy Registrar of the court relationship debt has the meaning given to it by section 20 relationship of short duration has the meaning given to it by section 2E relationship property has the meaning given to it by section 8 separate property has the meaning given to it by section 9 small estate means an estate of a deceased person that can lawfully be distributed without the need for administration of the estate to be obtained superannuation scheme entitlement — a means any pension, benefit, or right to which either spouse or partner is entitled or may become entitled under any superannuation scheme, if the entitlement is derived, wholly or in part, from contributions made to the scheme after the marriage , civil union, or de facto relationship began or from employment or office held since the marriage , civil union, or de facto relationship began; and b if Part 8 applies, includes any such entitlement payable to a surviving spouse or partner on the death of the deceased spouse or partner voluntary agreement means a written agreement— a made between spouses or partners who are parties to proceedings; and b providing for one spouse or partner to pay sums of money to the other spouse or partner for the maintenance of— i the other spouse or partner: ii a child of the marriage or child of the civil union or child of the de facto relationship.

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 c is ended by the death of one of the spouses, whether within or outside New Zealand;— and husband , spouse , and wife each has a corresponding meaning. 2 For the purposes of this Act, the marriage of 2 people ends if— a they cease to live together as a married couple ; or b their marriage is dissolved; or c one of them dies.

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 Zealand; or c is ended by the death of one of the civil union partners, whether within or outside New Zealand. 2 For the purposes of this Act, the civil union of 2 civil union partners ends if— a they cease to live together as civil union partners; or b their civil union is dissolved; or c one of them dies.

For the purposes of this Act, if a marriage was immediately preceded by a de facto relationship between the 2 spouses ( A and B ) , the de facto relationship must be treated as if it were part of the marriage. Example of marriage including immediately preceding de facto relationship— If the de facto relationship of A and B lasts 2 years, and their marriage lasts 2 years, their marriage must be treated as if it— a began 4 years ago; and b lasted 4 years.

For the purposes of this Act,— a if a marriage was immediately preceded by a civil union between the spouses , the civil union must be treated as if it were part of the marriage; and b if a civil union was immediately preceded by a marriage between the civil union partners, the marriage must be treated as if it were part of the civil union.

For the purposes of this Act, if a civil union was immediately preceded by a de facto relationship between the 2 civil union partners ( A and B ), the de facto relationship must be treated as if it were part of the civil union. Example of civil union including immediately preceding de facto relationship If the de facto relationship of A and B lasts 1 year, and their civil union lasts 2 years, the civil union must be treated as if it— a began 3 years ago; and b lasted 3 years.

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.

1 For the purposes of this Act, a de facto relationship is a relationship between 2 persons (regardless of their sex, sexual orientation, or gender identity) — a who are both aged 18 years or older; and b who live together as a couple; and c who are not married to , or in a civil union with, one another. 2 In determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case: a the duration of the relationship: b the nature and extent of common residence: c whether or not a sexual relationship exists: d the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties: e the ownership, use, and acquisition of property: f the degree of mutual commitment to a shared life: g the care and support of children: h the performance of household duties: i the reputation and public aspects of the relationship. 3 In determining whether 2 persons live together as a couple,— a no finding in respect of any of the matters stated in subsection (2), or in respect of any combination of them, is to be regarded as necessary; and b a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case. 4 For the purposes of this Act, a de facto relationship ends if— a the de facto partners cease to live together as a couple; or b one of the de facto partners dies.

1 In this Act, relationship of short duration means,— a in relation to a marriage or civil union, a marriage or civil union in which the spouses or partners have lived together in the marriage or civil union— i for a period of less than 3 years; or ii for a period of 3 years or longer, if the court, having regard to all the circumstances of the marriage or civil union, considers it just to treat the marriage or civil union as a relationship of short duration: b in relation to a de facto relationship, a de facto relationship in which the de facto partners have lived together as de facto partners— i for a period of less than 3 years; or ii for a period of 3 years or longer, if the court, having regard to all the circumstances of the de facto relationship, considers it just to treat the de facto relationship as a relationship of short duration. 2 For the purposes of paragraphs (a)(i) and (b)(i) of subsection (1), in computing the period for which the parties have lived together as a married couple , civil union partners, or as de facto partners, the court may exclude a period of resumed cohabitation that has the motive of reconciliation and is no longer than 3 months.

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 spouses' marriage, the civil union partners' civil union, or the de facto partners' de facto relationship has not ended, the date of the application to the court: b if the spouses' marriage, the civil union partners' civil union, or the de facto partners' de facto relationship has ended (other than by the death of one of the spouses or partners), the date on which their marriage, civil union, or de facto relationship ended. 2 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 79 . 3 This section is subject to Part 6 .

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 the hearing of that application by the court of first instance. 2 However, the court of first instance or, on an appeal the High Court, Court of Appeal, or Supreme Court may, in its discretion, decide that the value of the property is to be determined as at another date. 3 This section is subject to Part 6 .

1 This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put. 2 Where this section applies, that classification is to be determined— a by the use to which it was put by the spouses or partners ; or b if the marriage , civil union, or de facto relationship has ended (other than by the death of one of the spouses or partners ), by the use to which it was being put before the marriage , civil union, or de facto relationship ended. 3 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 80 .

This Act shall bind the Crown.

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 property; and b in cases for which this Act provides, to transactions— i between both spouses or partners and third persons; and ii between either spouse or partner and third persons. 2 Subsection (1) does not apply where this Act expressly provides to the contrary (such as in subsection (5)). 3 Without limiting the generality of subsection (1),— a the presumption of advancement does not apply between husband and wife: b the presumption of resulting trust does not apply between spouses , civil union partners, or de facto partners: c the presumption that the use of a wife's income by her husband with her consent during the marriage is a gift does not apply between husband and wife. 4 Where, in proceedings that are not proceedings under this Act, any question relating to relationship property arises between spouses or partners , or between either or both of them and any other person, the question must be decided as if it had been raised in proceedings under this Act. 5 This section does not apply if the de facto partners have lived in a de facto relationship for less than 3 years. 6 However, if the court makes an order under section 25(1)(a) in respect of any relationship property of de facto partners to whom subsection (5) applies, and any question relating to relationship property arises between those de facto partners in any subsequent proceedings that are not proceedings under this Act, then— a subsection (5) does not apply; and b the question must be decided as if it had been raised in proceedings under this Act.

Every enactment must be read subject to this Act, unless this Act or the other enactment expressly provides to the contrary.

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 purposes of this section, every enactment and every rule of law or of equity continues to operate and apply accordingly as if sections 4 and 4A had not been passed.

1 This Act applies to— a de facto relationships that began before 1 February 2002; and b de facto relationships that begin on or after 1 February 2002. 2 This Act does not apply to de facto relationships that ended before 1 February 2002.

This Act applies to de facto relationships that end— a while both de facto partners are alive; or b when one of the de facto partners dies.

Nothing in this Act shall apply in respect of any Maori land within the meaning of Te Ture Whenua Maori Act 1993 .

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 elsewhere, if one of the spouses or partners is domiciled in New Zealand— a at the date of an application made under this Act; or b at the date of any agreement between the spouses or partners relating to the division of their property; or c at the date of his or her death. 3 Despite subsection (2), if any order under this Act is sought against a person who is neither domiciled nor resident in New Zealand, the court may decline to make an order in respect of any movable property that is situated outside New Zealand.

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 does not apply to any relationship property if— a the spouses or partners have agreed, before or at the time their marriage , civil union, or de facto relationship began, that the property law of a country other than New Zealand is to apply to that property; and b the agreement is in writing or is otherwise valid according to the law of that country. 3 Subsection (2) does not apply if the court determines that the application of the law of the other country under an agreement to which that subsection applies would be contrary to justice or public policy.

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 in common in equal shares by the married couple or by the partners ; and d all property owned by either spouse or partner immediately before their marriage , civil union, or de facto relationship began, if— i the property was acquired in contemplation of the marriage , civil union, or de facto relationship; and ii the property was intended for the common use or common benefit of both spouses or partners ; and e subject to sections 9(2) to (6) , 9A , and 10 , all property acquired by either spouse or partner after their marriage , civil union, or de facto relationship began; and ee subject to sections 9(3) to (6) , 9A , and 10 , all property acquired, after the marriage , civil union, or de facto relationship began, for the common use or common benefit of both spouses or partners , if— i the property was acquired out of property owned by either spouse or partner or by both of them before the marriage , civil union, or de facto relationship began; or ii the property was acquired out of the proceeds of any disposition of any property owned by either spouse or partner or by both of them before the marriage , civil union, or de facto relationship began; and g the proportion of the value of any life insurance policy (as defined in section 2 ), or of the proceeds of such a policy, that is attributable to the marriage , civil union, or de facto relationship; and h any policy of insurance in respect of any property described in paragraphs (a) to (ee); and i the proportion of the value of any superannuation scheme entitlements (as defined in section 2 ) that is attributable to the marriage , civil union, or de facto relationship; and j all other property that is relationship property under an agreement made under Part 6 ; and k any other property that is relationship property by virtue of any other provision of this Act or by virtue of any other Act; and l any income and gains derived from, the proceeds of any disposition of, and any increase in the value of, any property described in paragraphs (a) to (k). 2 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 83 .

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 acquired out of separate property, and the proceeds of any disposition of separate property, are separate property. 3 Subject to section 9A , any increase in the value of separate property, and any income or gains derived from separate property, are separate property. 4 The following property is separate property, unless the court considers that it is just in the circumstances to treat the property or any part of the property as relationship property: a all property acquired by either spouse or partner while they are not living together as a married couple or as civil union partners or as de facto partners: b all property acquired, after the death of one spouse or partner , by the surviving spouse or partner , as provided in section 84 . 5 Subject to subsection (6), all property acquired by either spouse or partner after an order of the court (other than an order made under section 25(3)) has been made defining the respective interests of the spouses or partners in the relationship property, or dividing or providing for the division of that property, is separate property. 6 However, where relationship property has been divided on the bankruptcy of a spouse or partner ,— a the family home and any family chattels acquired after that division may be relationship property; and b any other property acquired by either spouse or partner after the discharge of that spouse or partner from bankruptcy may be 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 part) to the application of relationship property, then the increase in value or (as the case requires) the income or gains are relationship property. 2 If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part, and whether directly or indirectly) to actions of the other spouse or partner , then— a the increase in value or (as the case requires) the income or gains are relationship property; but b the share of each spouse or partner in that relationship property is to be determined in accordance with the contribution of each spouse or partner to the increase in value or (as the case requires) the income or gains. 3 Any separate property, or any proceeds of the disposition of any separate property, or any increase in the value of, or any income or gains derived from, separate property, is relationship property if that separate property or (as the case requires) those proceeds or the increase in value or the income or gains are used— a with the express or implied consent of the spouse or partner that owns, receives, or is entitled to them; and b for the acquisition or improvement of, or to increase the value of, or the amount of any interest of either spouse or partner in, any property referred to in section 8(1) . 4 Subsection (3) is subject to section 10 .

1 Subsection (2) applies to the following property: a property that a spouse or partner acquires from a third person— i by succession; or ii by survivorship; or iii by gift; or iv because the spouse or partner is a beneficiary under a trust settled by a third person: b the proceeds of a disposition of property to which paragraph (a) applies: c property acquired out of property to which paragraph (a) applies. 2 Property to which this subsection applies is not relationship property unless, with the express or implied consent of the spouse or partner who received it, the property or the proceeds of any disposition of it have been so intermingled with other relationship property that it is unreasonable or impracticable to regard that property or those proceeds as separate property. 3 Property that one spouse or partner acquires by gift from the other spouse or partner is not relationship property unless the gift is used for the benefit of both spouses or partners . 4 Regardless of subsections (2) and (3) and section 9(4) , both the family home and the family chattels are relationship property, unless designated separate property by an agreement made in accordance with Part 6 .

This Act (other than Part 8 ) applies to the division of relationship property between the spouses or partners when a situation described in section 25(2) arises while both spouses or partners are alive.

1 This Act (including Part 8 ) applies to the division of relationship property between spouses or partners when— a one of the spouses or partners dies on or after 1 February 2002 (except in the situation described in section 10D(1) ); or b in the case of spouses, one of them dies before 1 February 2002 and, at the date of that spouse's death, no proceedings have been commenced between the spouses under this Act or the Matrimonial Property Act 1963 . 2 Subsection (1) applies whether or not a situation described in section 25(2) arose while both spouses or partners were alive.

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 partners are alive and after the death of one of the spouses or partners : b in the circumstances described in sections 25(3) and 28(1) , while both spouses or partners are alive and after the death of one of the spouses or partners (although the sections are modified in proceedings commenced after the death of one of the spouses or partners ): c in the circumstances described in sections 20 to 20F ,— i while both spouses or partners are alive; and ii if a spouse or partner is subject to sections 20 to 20F at the date of his or her death, after the death of the spouse or partner ; and iii if a surviving spouse or partner is declared bankrupt after the death of the other spouse or partner , after the death of the other spouse or partner : d in the circumstances described in sections 58 and 59 , after the death of one of the spouses or partners : e in the circumstances described in section 87 , after the death of one of the spouses or partners .

1 If proceedings under this Act, or to which this Act applies, are commenced while both spouses or partners are alive, and one of them dies, or they both die, before the proceedings are completed, the proceedings continue under this Act, except sections 61 to 95 . 2 Nothing in subsection (1) prevents any proceedings from being discontinued. 3 If a surviving spouse or partner chooses, under section 61 , to apply under this Act for a division of the relationship property,— a sections 76 to 78 apply to the proceedings; and b sections 2 to 53A apply to the proceedings, but some of those sections are modified or affected by sections 79 to 94 .

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 family chattels; and c any other relationship property. 2 This section is subject to the other provisions of this Part.

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 conditions are satisfied: a either spouse or partner or both of them have sold the family home with the intention of applying all or part of the proceeds of the sale towards the acquisition of another home as a family home: b that home has not been acquired: c at the date of the application to the court, not more than 2 years have elapsed since the date when those proceeds were received or became payable, whichever is the later. 2 This section is subject to sections 12 to 17A .

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 owned by one of the spouses or partners or both of them. 2 Where this section applies, the court must award each spouse or partner an equal share in such part of the relationship property as it thinks just in order to compensate for the absence of an interest in the family home. 3 This section is subject to sections 12 to 17A .

1 If the family home is a homestead that is owned by either spouse or partner or both of them, section 11(1)(a) does not apply. 2 Instead, each spouse or partner is entitled to share equally in a sum of money equal to the equity of either spouse or partner or both of them in the homestead. 3 If a spouse or partner does not have a beneficial interest in the land on which the homestead is situated, that spouse or partner is deemed to be beneficially interested in that land until his or her share of that sum is paid or otherwise satisfied. 4 This section is subject to sections 13 to 17A .

For the purposes of section 12 , a homestead's value is to be determined by ascertaining the capital value of the land on which the homestead is situated, and apportioning that value between the homestead and the remainder of that land.

1 If the court considers that there are extraordinary circumstances that make equal sharing of property or money under section 11 or section 11A or section 11B or section 12 repugnant to justice, the share of each spouse or partner in that property or money is to be determined in accordance with the contribution of each spouse to the marriage or of each civil union partner to the civil union or of each de facto partner to the de facto relationship. 2 This section is subject to sections 14 to 17A .

1 This section applies if a marriage is a relationship of short duration (as defined in section 2E ). 2 If this section applies, sections 11(1)(a), 11(1)(b) , 11A , 11B , and 12 do not apply— a to any asset owned wholly or substantially by one spouse at the date on which the marriage began; or b to any asset that has come to one spouse, after the date on which the marriage began,— i by succession; or ii by survivorship; or iii as the beneficiary under a trust; or iv by gift from a third person; or c where the contribution of one spouse to the marriage has clearly been disproportionately greater than the contribution of the other spouse. 3 In every case to which subsection (2) applies,— a the share of each spouse in the relationship property is to be determined in accordance with the contribution of each spouse to the marriage; and b the share of each spouse in any other relationship property that falls for division under sections 11(1)(a), 11(1)(b) , 11A , 11B , and 12 , and is not determined in accordance with paragraph (a), is to be determined in accordance with sections 11(1)(a), 11(1)(b) , 11A , 11B , and 12 . 4 If this section applies, each spouse is entitled to share equally in any relationship property that falls for division under section 11(1)(c) , unless his or her contribution to the marriage has been clearly greater than that of the other spouse. 5 If, under subsection (4), the spouses do not share equally in any relationship property, the share of each spouse in that relationship property is to be determined in accordance with the contribution of each spouse to the marriage. 6 This section is subject to sections 15 to 17A . 7 In proceedings commenced after the death of one of the spouses, this section is modified by section 85 .

1 This section applies if a de facto relationship is a relationship of short duration (as defined in section 2E ). 2 If this section applies, an order cannot be made under this Act for the division of relationship property unless— a the court is satisfied— i that there is a child of the de facto relationship; or ii that the applicant has made a substantial contribution to the de facto relationship; and b the court is satisfied that failure to make the order would result in serious injustice. 3 If this section applies, and the court is satisfied that the grounds specified in subsection (2) for making an order on an application under this Act are made out, the share of each de facto partner in the relationship property is to be determined in accordance with the contribution of each de facto partner to the de facto relationship. 4 Nothing in this section prevents a court from making a declaration or an order under section 25(3) , even though the de facto partners have lived in a de facto relationship for less than 3 years. 5 This section is subject to sections 15 to 17A .

1 This section applies if a civil union is a relationship of short duration (as defined in section 2E ). 2 If this section applies, sections 11(1)(a), 11(1)(b) , 11A , 11B , and 12 do not apply— a to any asset owned wholly or substantially by one civil union partner at the date on which the civil union began; or b to any asset that has come to one civil union partner, after the date on which the civil union began,— i by succession; or ii by survivorship; or iii as the beneficiary under a trust; or iv by gift from a third person; or c where the contribution of one civil union partner to the civil union has clearly been disproportionately greater than the contribution of the other civil union partner. 3 In every case to which subsection (2) applies,— a the share of each civil union partner in the relationship property is to be determined in accordance with the contribution of each civil union partner to the civil union; and b the share of each civil union partner in any other relationship property that falls for division under sections 11(1)(a), 11(1)(b) , 11A , 11B , and 12 , and is not determined in accordance with paragraph (a), is to be determined in accordance with sections 11(1)(a), 11(1)(b) , 11A , 11B , and 12 . 4 If this section applies, each civil union partner is entitled to share equally in any relationship property that falls for division under section 11(1)(c) , unless his or her contribution to the civil union has been clearly greater than that of the other civil union partner. 5 If, under subsection (4), the civil union partners do not share equally in any relationship property, the share of each civil union partner in that relationship property is to be determined in accordance with the contribution of each civil union partner to the civil union. 6 This section is subject to sections 15 to 17A . 7 In proceedings commenced after the death of one of the civil union partners, this section is modified by section 85 .

1 This section applies if, on the division of relationship property, the court is satisfied that, after the marriage , civil union, or de facto relationship ends, the income and living standards of one spouse or partner ( party B ) are likely to be significantly higher than the other spouse or partner ( party A ) because of the effects of the division of functions within the marriage , civil union, or de facto relationship while the parties were living together. 2 In determining whether or not to make an order under this section, the court may have regard to— a the likely earning capacity of each spouse or partner : b the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship: c any other relevant circumstances. 3 If this section applies, the court, if it considers it just, may, for the purpose of compensating party A,— a order party B to pay party A a sum of money out of party B's relationship property: b order party B to transfer to party A any other property out of party B's relationship property. 4 This section overrides sections 11 to 14A .

1 This section applies if, on the division of relationship property, the court is satisfied— a that, after the marriage , civil union, or de facto relationship ends, the income and living standards of one spouse or partner ( party B ) are likely to be significantly higher than the other spouse or partner ( party A ) because of the effects of the division of functions within the marriage , civil union, or de facto relationship while the spouses or partners were living together; and b that any increase in the value of party B's separate property was attributable, wholly or in part, and whether directly or indirectly, to the actions of party B while the spouses or partners were living together. 2 In determining whether or not to make an order under this section, the court may have regard to— a the likely earning capacity of each spouse or partner : b the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship: c any other relevant circumstances. 3 If this section applies, the court, if it considers it just, may, for the purpose of compensating party A for the increase in value of party B's separate property,— a order party B to pay party A a sum of money, whether out of relationship property or separate property: b order party B to transfer to party A any other property, whether the property is relationship property or separate property. 4 This section does not limit section 15 , but overrides sections 11 to 14A .

1 This section applies if,— a at the date the marriage , civil union, or de facto relationship began, each spouse or partner owned a home; and b each of those homes was capable of becoming a family home; but c at the time when the relationship property is to be divided, the home (or the proceeds of the sale of the home) of only one spouse or partner is included in the relationship property. 2 This section also applies if,— a before the marriage , civil union, or de facto relationship began, each spouse or partner owned a home; and b each of those homes was capable of becoming a family home; and c one of the spouses or partners ( party A ) sold his or her home in contemplation of the marriage , civil union, or de facto relationship; and d at the time when the relationship property is to be divided,— i the home (or the proceeds of the sale of the home) of the other spouse or partner ( party B ) is included in the relationship property; but ii the proceeds of the sale of party A's home are not included in the relationship property. 3 If this section applies, the court may adjust the shares of the spouses or partners in any of the relationship property (including the family home and the family chattels) according to what it considers just to compensate for the inclusion of the home of only one spouse or partner in the relationship property. 4 This section overrides sections 11 to 14A .

1 This section applies if the separate property of one spouse or partner ( party A ) has been sustained by— a the application of relationship property; or b the actions of the other spouse or partner ( party B ). 2 If this section applies, the court may— a increase the share to which party B would otherwise be entitled in the relationship property; or b order party A to pay party B a sum of money as compensation. 3 This section overrides sections 11 to 14A .

1 If the separate property of one spouse or partner has been materially diminished in value by the deliberate action or inaction of the other spouse or partner , the court may, to such extent as it thinks just, diminish the share to which the other spouse or partner would otherwise be entitled in the relationship property. 2 This section overrides sections 11 to 14A .

1 For the purposes of this Act, a contribution to the marriage , civil union, or de facto relationship means all or any of the following: a the care of— i any child of the marriage, civil union, or de facto relationship: ii any aged or infirm relative or dependant of either spouse or partner : b the management of the household and the performance of household duties: c the provision of money, including the earning of income, for the purposes of the marriage , civil union, or de facto relationship: d the acquisition or creation of relationship property, including the payment of money for those purposes: e the payment of money to maintain or increase the value of— i the relationship property or any part of that property; or ii the separate property of the other spouse or partner or any part of that property: f the performance of work or services in respect of— i the relationship property or any part of that property; or ii the separate property of the other spouse or partner or any part of that property: g the forgoing of a higher standard of living than would otherwise have been available: h the giving of assistance or support to the other spouse or partner (whether or not of a material kind), including the giving of assistance or support that— i enables the other spouse or partner to acquire qualifications; or ii aids the other spouse or partner in the carrying on of his or her occupation or business. 2 There is no presumption that a contribution of a monetary nature (whether under subsection (1)(c) or otherwise) is of greater value than a contribution of a non-monetary nature.

1 Except as permitted by subsections (2) and (3), a court may not take any misconduct of a spouse or partner into account in proceedings under this Act, whether to diminish or detract from the positive contribution of that spouse or partner or otherwise. 2 Subject to subsection (3), the court may take into account any misconduct of a spouse or partner— a in determining the contribution of a spouse to the marriage, or of a civil union partner to the civil union, or of a de facto partner to the de facto relationship; or b in determining what order it should make under any of sections 26 , 26A , 27 , 28 , 28B , 28C , and 33 . 3 For conduct to be taken into account under subsection (2), the conduct must have been gross and palpable and must have significantly affected the extent or value of the relationship property.

1 In this section, relevant period , in relation to a marriage , civil union, or de facto relationship, means the period after the marriage , civil union, or de facto relationship has ended (other than by the death of one of the spouses or partners ) but before the date of the hearing of an application under this Act by the court of first instance. 2 If, during the relevant period, a spouse or partner ( party A ) has done anything that would have been a contribution to the marriage , civil union, or de facto relationship if the marriage , civil union, or de facto relationship had not ended, the court, if it considers it just, may for the purposes of compensating party A— a order the other spouse or partner ( party B ) to pay party A a sum of money: b order party B to transfer to party A any property, whether the property is relationship property or separate property. 3 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 86 .

1 In this section, relevant period has the same meaning as in section 18B . 2 If, during the relevant period, the relationship property has been materially diminished in value by the deliberate action or inaction of one spouse or partner ( party B ), the court may, for the purposes of compensating the other spouse or partner ( party A ),— a order party B to pay party A a sum of money: b order party B to transfer to party A any property, whether the property is relationship property or separate property. 3 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 86 .

Except as otherwise expressly provided in this Act, nothing in the Act shall— a affect the title of any third person to any property, or affect the power of either spouse or partner to acquire, deal with, or dispose of any property or to enter into any contract or other legal transaction whatsoever as if this Act had not been passed; or b limit or affect the operation of any mortgage, charge, or other security for the repayment of a debt given by either spouse or partner over property owned by him or her and every such instrument shall have the same effect as if this Act had not been passed.

1 In sections 20A to 20E , unless the context otherwise requires,— personal debt means— a a debt that is not a relationship debt: b a debt to the extent that it is not a relationship debt relationship debt means a debt that has been incurred, or to the extent that it has been incurred,— a by the spouses or partners jointly; or b in the course of a common enterprise carried on by the spouses or partners , whether alone or together with another person; or c for the purpose of acquiring, improving, or maintaining relationship property; or d for the benefit of both spouses or partners in the course of managing the affairs of the household; or e for the purpose of bringing up any child of the marriage, civil union, or de facto relationship. 2 To avoid any doubt, for a debt to fall within paragraph (c) of the definition of relationship debt in subsection (1), it is not necessary that, at the time at which the debt was incurred, the property for which it was incurred was relationship property, as long as the property later becomes relationship property.

1 Secured and unsecured creditors of a spouse or partner have the same rights against that spouse or partner , and against property owned by the spouse or partner , as if this Act had not been passed. 2 If, had this Act not been passed, any property would have passed to the Official Assignee on or following the bankruptcy of a spouse or partner , then that property (and no other property) passes to the Official Assignee as if this Act had not been passed. 3 This section— a is subject to section 20B ; and b applies except as otherwise expressly provided in this Act.

1 Each spouse or partner has a protected interest in the family home, which includes,— a where section 11A applies, the proceeds of sale of the family home: b where section 11B applies, the property shared under that section: c where section 12 applies, the money shared under that section. 2 The protected interest of a spouse or partner is not liable for the unsecured debts of the other spouse or partner , other than an unsecured debt incurred— a by the spouses or partners jointly; or b by the spouse or partner subsequently declared bankrupt, for the purpose of acquiring, improving, or repairing the family home. 3 The value of the protected interest of a spouse or partner is as follows: a where section 11 applies, the protected interest is to the extent of the lesser of— i the specified sum; or ii one-half of the equity of the spouses or partners in the family home: b where section 11A applies, the protected interest is to the extent of the lesser of— i the specified sum; or ii one-half of the proceeds of the sale of the family home: c where section 11B or section 12 applies, the protected interest is to the extent of the lesser of— i the specified sum; or ii one-half of the property or money shared under the applicable section. 4 In this section, specified sum means the amount for the time being prescribed under section 53A for the purposes of this section.

1 If, on the bankruptcy of a spouse or partner , the family home (including a homestead) or, if section 11A applies, the proceeds of the sale of the family home pass to the Official Assignee, the Official Assignee must pay to the other spouse or partner the lesser of— a the amount of the protected interest of the other spouse or partner ; or b so much of that amount as remains after the Official Assignee has paid the debts specified in subsection (2). 2 The debts referred to in subsection (1)(b) are as follows: a any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home: b any unsecured debt incurred— i by the spouses or partners jointly; or ii by the spouse or partner subsequently declared bankrupt, for the purpose of acquiring, improving, or repairing the family home. 3 If, on the bankruptcy of a spouse or partner , section 11B applies, the Official Assignee must pay to the other spouse or partner such amount in satisfaction of the protected interest of that spouse or partner as the court may direct, on application by the Official Assignee or by that spouse or partner .

The value of the relationship property that may be divided between the spouses or partners under this Act must be calculated by— a ascertaining the total value of the relationship property; and then b deducting from that total any secured or unsecured relationship debts owed by either or both spouses or partners .

1 If a secured or unsecured personal debt of one spouse or partner ( party A ) has been paid or satisfied (directly or indirectly) out of the relationship property, the court may make one of the following orders in favour of the other spouse or partner ( party B ): a an order increasing proportionately the share to which party B would otherwise be entitled in the relationship property: b an order that property that is part of party A's separate property be treated as relationship property for the purposes of any division of relationship property under this Act: c an order that party A pay party B a sum of money as compensation. 2 The court may make an order under this section on its own initiative, but must make an order under this section if party B applies for such an order. 3 This section applies whether the debt was paid or satisfied voluntarily or pursuant to legal process.

Nothing in sections 20 to 20E derogates from the provisions of the Joint Family Homes Act 1964 .

1 Spouses , civil union partners, or de facto partners, or any 2 persons in contemplation of entering into a marriage , civil union , or de facto relationship, may, for the purpose of contracting out of the provisions of this Act, make any agreement they think fit with respect to the status, ownership, and division of their property (including future property). 2 An agreement made under this section may relate to the status, ownership, and division of property in either or both of the following circumstances: a during the joint lives of the spouses or partners : b when one of the spouses or partners dies. 3 This section is subject to section 47 .

1 Spouses or civil union partners or de facto partners may, for the purpose of settling any differences that have arisen between them concerning property owned by either or both of them, make any agreement they think fit with respect to the status, ownership, and division of that property. 2 This section is subject to section 47 .

1 This section applies— a when proceedings are commenced while both spouses or partners are alive, and one spouse or partner dies before the proceedings are completed; or b when one spouse or partner dies and the other spouse or partner , or the personal representative of the deceased spouse or partner , intends to commence, or commences, proceedings after the death of the deceased. 2 If this section applies, a surviving spouse or partner (the survivor ) and the personal representative of the deceased spouse or partner may, for the purpose of settling the proceedings or (as the case requires) a claim by the survivor or the personal representative with respect to property owned by either or both of those spouses or partners , make any agreement they think fit with respect to the status, ownership, and division of that property. 3 If the survivor is also the sole executor or sole administrator of the estate of the deceased spouse or partner , an agreement under this section is not valid unless the court approves the agreement. 4 Subsection (3) does not apply if a grant of administration is not required. 5 This section is subject to section 47 .

1 If a surviving spouse or partner and the personal representative of the deceased spouse or partner intend to make an agreement under section 21B , either or both of them may submit an agreement, in draft, to the court for approval. 2 If the court approves the agreement, the agreement has effect in accordance with section 21B .

1 An agreement under section 21 or section 21A or section 21B may do all or any of the following: a provide that any property, or any class of property, is to be relationship property or is to be separate property: b define the share of the relationship property, or of any part of the relationship property, that each spouse or partner is to be entitled to when the marriage , civil union, or de facto relationship ends: c define the share of the relationship property, or of any part of the relationship property, that the surviving spouse or partner and the estate of the deceased spouse or partner is to be entitled to on the death of one of the spouses or partners : d provide for the calculation of those shares: e prescribe the method by which the relationship property, or any part of the relationship property, is to be divided. 2 This section does not limit the generality of sections 21 to 21B .

1 The purpose of this section is to minimise the legal expenses of people who wish to enter into an agreement under section 21 or section 21A or section 21B . 2 The Governor-General may, by Order in Council, make regulations prescribing model forms of agreement for the purposes of section 21 or section 21A or section 21B . 3 Use of a prescribed model form of agreement is optional. 4 Regulations under this section are secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements).

1 Subject to section 21H , an agreement entered into under section 21 or section 21A or section 21B is void unless the requirements set out in subsections (2) to (5) are complied with. 2 The agreement must be in writing and signed by both parties. 3 Each party to the agreement must have independent legal advice before signing the agreement. 4 The signature of each party to the agreement must be witnessed by a lawyer. 5 The lawyer who witnesses the signature of a party must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement.

Section 21F does not limit or affect any enactment or rule of law or of equity that makes a contract void, voidable, or unenforceable on any other ground.

1 Even though an agreement is void for non-compliance with a requirement of section 21F , the court may declare that the agreement has effect, wholly or in part or for any particular purpose, if it is satisfied that the non-compliance has not materially prejudiced the interests of any party to the agreement. 2 The court may make a declaration under this section in the course of any proceedings under this Act, or on application made for the purpose.

1 Subject to subsection (2), if a minor enters into an agreement under section 21 or section 21A or section 21B , the agreement, and every instrument executed by that minor for the purpose of giving effect to the agreement, is as valid and effectual as if the minor were of full age. 2 If a minor who is younger than 18 years, and is not and has not been married or in a civil union , enters into an agreement under section 21 or section 21A or section 21B , the agreement is not valid without the approval of the court. 3 An approval may be given on application by the minor before or after the agreement has been signed by the parties.

1 Even though an agreement satisfies the requirements of section 21F , the court may set the agreement aside if, having regard to all the circumstances, it is satisfied that giving effect to the agreement would cause serious injustice. 2 The court may exercise the power in subsection (1) in the course of any proceedings under this Act, or on application made for the purpose. 3 This section does not limit or affect any enactment or rule of law or of equity that makes a contract void, voidable, or unenforceable on any other ground. 4 In deciding, under this section, whether giving effect to an agreement made under section 21 or section 21A or section 21B would cause serious injustice, the court must have regard to— a the provisions of the agreement: b the length of time since the agreement was made: c whether the agreement was unfair or unreasonable in the light of all the circumstances at the time it was made: d whether the agreement has become unfair or unreasonable in the light of any changes in circumstances since it was made (whether or not those changes were foreseen by the parties): e the fact that the parties wished to achieve certainty as to the status, ownership, and division of property by entering into the agreement: f any other matters that the court considers relevant. 5 In deciding, under this section, whether giving effect to an agreement made under section 21B would cause serious injustice, the court must also have regard to whether the estate of the deceased spouse or partner has been wholly or partly distributed.

1 Every agreement under section 21 or section 21A or section 21B is taken to have been made for valuable consideration. 2 Nothing in this section limits or affects the manner of determining, for the purposes of the Estate and Gift Duties Act 1968 , whether a disposition of property is a gift.

1 Remedies that, under any enactment or rule of law or of equity, are available for the enforcement of contracts may be used for the enforcement of agreements under section 21 or section 21A or section 21B . 2 This section is subject to the provisions of this Part.

If an agreement purporting to be made under section 21 or section 21A or section 21B is void or is avoided or is invalid or unenforceable (including an agreement set aside under section 21J ), the provisions of this Act have effect as if the agreement had never been made.

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.

Relationship property is subject to the provisions of this Act if neither of the following kinds of agreement applies to the property: a an agreement under section 21 or section 21A or section 21B : b an agreement to which section 21P or section 21Q applies, or to the extent that section 21Q applies.

1 This section applies to any agreement— a that is made, before 1 August 2001, by de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and b that is made with respect to the status, ownership, or division of their property. 2 An agreement to which subsection (1) applies— a may relate to existing or future property, or both: b may relate to the status, ownership, or division of property in either or both of the following circumstances: i during the joint lives of the de facto partners: ii when one of them dies. 3 Subsection (2) does not limit the generality of subsection (1).

This section applies to any agreement— a that is made, before 1 August 2001, by a husband and wife, or by any 2 persons in contemplation of marriage; and b that is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when one of them dies.

1 The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed: a an agreement to which section 21P applies: b an agreement to which section 21Q applies, or to the extent that section 21Q applies. 2 This section is subject to section 47 .

Any agreement made before 1 August 2001 under section 21 (as that section existed immediately before that date) is to be treated as if it had been made under section 21 or section 21A (as those sections existed after that date), whichever section is applicable, and this Part applies accordingly.

1 This section applies to any agreement made under section 21 if— a the agreement is made, on or after 1 August 2001 and before 1 February 2002, by 2 de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and b the agreement is made with respect to the status, ownership, or division of their property— i during the joint lives of the de facto partners: ii when one of them dies; and c the de facto relationship ends before 1 February 2002. 2 This section also applies to any agreement made under section 21 if— a the agreement is made, on or after 1 August 2001 and before 1 February 2002, by a husband and wife, or by any 2 persons in contemplation of marriage; and b the agreement is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when one of them dies; and c one of the spouses dies before 1 February 2002. 3 The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed: a an agreement to which subsection (1) applies: b an agreement to which subsection (2) applies, or to the extent that subsection (2) applies. 4 This section is subject to section 47 .

1 Every application under this Act must be heard and determined in the Family Court . 2 This section is subject to any other provision of this Act that confers jurisdiction on any other court.

1 The following persons may apply for an order under section 25(1)(a) or (b) or an order or declaration under section 25(3) : a either spouse or partner , or both of them jointly: b any person on whom the spouses or partners have made conflicting claims in respect of property. 2 The Official Assignee in bankruptcy of the property of either spouse or partner may not apply for an order under section 25(1)(a) , but may apply for an order under section 25(1)(b) or an order or declaration under section 25(3) . 3 If one of the spouses or partners has died, the application of this section is modified by section 88 (except in a situation described in section 10D(1)) .

1 The following time limits apply in relation to applications made under this Act: a an application made after a marriage or civil union has been dissolved by an order dissolving the marriage or civil union must be made before the expiry of the period of 12 months after the date on which that order takes effect as a final order: b an application made after an order has been made declaring a marriage or civil union to be void ab initio must be made before the expiry of the period of 12 months after the date of the making of the order: c an application made after a de facto relationship has ended must be made no later than 3 years after the de facto relationship ended. 2 Regardless of subsection (1), the court may extend the time for making an application after hearing— a the applicant; and b any other persons who would have an interest in the property that would be affected by the order sought and who the court considers should be heard. 3 The court's power under this section extends to cases where the time for applying has already expired. 4 If one of the spouses or partners has died, the application of this section is modified by section 89 (except in a situation described in section 10D(1) ).

1 On an application under section 23 , the court may— a make any order it considers just— i determining the respective shares of each spouse or partner in the relationship property or any part of that property; or ii dividing the relationship property or any part of that property between the spouses or partners : b make any other order that it is empowered to make by any provision of this Act. 2 The court may not make an order under subsection (1) unless it is satisfied,— a in the case of a marriage or civil union ,— i that the spouses or civil union partners are living apart (whether or not they have continued to live in the same residence) or are separated; or ii that the marriage or civil union has been dissolved; or b in the case of a de facto relationship, that the de facto partners no longer have a de facto relationship with each other; or c that one spouse or partner is endangering the relationship property or seriously diminishing its value, by gross mismanagement or by wilful or reckless dissipation of property or earnings; or d that either spouse or partner is an undischarged bankrupt. 3 Regardless of subsection (2), the court may at any time make any order or declaration relating to the status, ownership, vesting, or possession of any specific property as it considers just. 4 To avoid any doubt, but without limiting subsection (3), if proceedings under this Act are pending, the court, if it considers it appropriate in the circumstances, may make an interim order under that subsection for the sale of any relationship property, and may give any directions it thinks fit with respect to the proceeds. 4A If proceedings under this Act are pending, a Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (4) if— a the Family Court Associate considers it appropriate in the circumstances to make an interim order of the kind referred to in that subsection; and b the parties to the proceedings consent to the making of the order and the giving of directions by the Family Court Associate with respect to the proceeds. 5 This section is subject to the other provisions of this Act. 6 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 91 .

1 In proceedings under this Act, the court must have regard to the interests of any minor or dependent children of the marriage, civil union, or de facto relationship and, if it considers it just, may make an order settling the relationship property or any part of that property for the benefit of the children of the marriage, civil union, or de facto relationship or of any of them. 2 If the court makes an order under subsection (1), the court may reserve such interest (if any) of either spouse or partner , or of both of them, in the relationship property as the court considers just. 3 An order under this section may be made and has effect regardless of any agreement under Part 6 .

1 On the division of relationship property under this Act, the court may make an order postponing the vesting of any share in the relationship property, either wholly or in part, until a specified future date or until the occurrence of a specified event if the court is satisfied that immediate vesting would cause undue hardship for a spouse or partner who is the principal provider of ongoing daily care for 1 or more minor or dependent children of the marriage , civil union, or de facto relationship . 2 The court may order postponement of vesting under this section only for as long as necessary, and only to the extent necessary, to alleviate the undue hardship. 3 Nothing in this section limits section 33 .

1 The court may make an order granting to either spouse or partner , for such period or periods and on such terms and subject to such conditions as the court thinks fit, the right personally to occupy the family home or any other premises forming part of the relationship property. 2 Where an order is made under subsection (1), the person in whose favour it is made shall be entitled, to the exclusion of the other spouse or partner , personally to occupy the family home or the other premises to which the order relates. 3 An order made under subsection (1) against a spouse or partner shall be enforceable against the personal representative of the person against whom it is made, unless the court otherwise directs. 4 An order made under subsection (1) by the District Court or the Family Court is enforceable as if it were an order for recovery of land made pursuant to section 79(2)(c) of the District Court Act 2016 . 5 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 91 .

1 Regardless of section 23 , the court may at any time, on the application of either spouse or partner , make an order vesting in either spouse or partner (the applicant ) the tenancy of any dwellinghouse. 1A The court may not make an order under this section unless, at the time of the making of the order,— a the spouse or partner against whom the order is made (the other party ) is or was the sole tenant of the dwellinghouse, or is or was a tenant holding jointly or in common with the applicant; and b the other party is a tenant of the dwellinghouse; and c either spouse or partner is residing in the dwellinghouse. 2 On the taking effect of an order made under subsection (1), unless the tenancy is sooner lawfully determined, the applicant shall become the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of that order, and the other party shall cease to be the tenant. Every such order shall have effect and may be enforced as if it were an order of the court for possession of the land granted in favour of the applicant. 3 Nothing in this section or in any order made under this section shall be construed to limit or affect the operation of any enactment or rule of law for the time being applicable to any tenancy to which this section applies or to the dwellinghouse held under the tenancy, or to authorise the court to vary, except by vesting or revesting the tenancy pursuant to this section, any express or implied term or condition of the tenancy. 4 On the application of the other party or his or her personal representative in any case in which an order is made under subsection (1), the court may, if it thinks fit, make an order discharging the first-mentioned order and revesting the tenancy accordingly. 5 On the taking effect of any revesting order made under subsection (4), unless the tenancy is sooner lawfully determined, the person in whose favour it is made shall become the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of the revesting order. 5A In this section, dwellinghouse means any building or part of a building let as a separate dwelling; and includes— a any furniture or other chattels let with the building or part of a building; and b any land, outbuildings, or parts of buildings included in the tenancy. 6 For the purposes of this section, the term tenant , in relation to any dwellinghouse, includes any person whose tenancy has expired or been determined, and who is for the time being deemed under or by virtue of any enactment or rule of law to continue to be the tenant of the dwellinghouse; and the term tenancy has a corresponding meaning. 7 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 91 .

1 The court— a in determining whether to make an order under section 27(1) or section 28(1) ; and b in determining, in relation to an order made under section 27(1) , the period or periods, the terms (if any), and the conditions (if any) of the order,— shall have particular regard to the need to provide a home for any minor or dependent child of the marriage , civil union, or de facto relationship, and may also have regard to all other relevant circumstances . 2 Nothing in this section shall limit the generality of section 26(1) . 3 In proceedings commenced after the death of one of the spouses or partners , this section is affected by section 91 .

1 On or after making an occupation order under section 27(1) or a tenancy order under section 28(1) , the court may make an order granting, to the person in whose favour the order is or has been made, the use of all or any of the furniture, household appliances, and household effects in the family home or other premises to which the occupation order relates or (as the case requires) in the dwellinghouse to which the tenancy order relates. 2 An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit.

1 Regardless of section 23 , the court may at any time make an order granting to either the spouse or partner (the applicant ) the possession and use of all or any of the furniture, household appliances, and household effects in— a the family home or any other premises forming part of the relationship property; or b any dwellinghouse in respect of which a tenancy order could be made under section 28(1) in favour of the applicant. 2 Either spouse or partner may apply for an order under this section. 3 The court may make an order under this section only if it is satisfied that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant is or will be living (whether alone or with 1 or more children of the marriage , civil union, or de facto relationship ). 4 In determining whether to make an order under this section, the court must have particular regard to any need of the applicant to have suitable furniture, household appliances, and household effects to provide for the needs of any children of the marriage , civil union, or de facto relationship, where those children live, or will be living, with the applicant . 5 Subsection (4) does not limit section 26(1) . 6 An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit.

1 The person in whose favour an order is made under section 28B or section 28C is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for as long as the order is in force. 2 An order to which this section applies has effect and may be enforced as if it were an order of the court for delivery of chattels granted in favour of the person for whose benefit the order is made.

The Family Violence Act 2018 does not limit or affect the power of a court to make an order (including an order made on an application without notice) under section 27 or section 28 or section 28B or section 28C or section 33 of this Act.

Where any property which is the subject of an application under this Act is in the possession of either or both spouses or partners under a hire purchase agreement or conditional sale agreement or under an agreement to hire or lease, the court may make an order vesting the rights and obligations under the agreement in either spouse or partner and any such order shall have effect notwithstanding anything in any agreement.

Where an application under this Act relates to any policy of assurance or insurance the court may— a vest the policy in either spouse or partner subject to such conditions (including the payment of premiums by either spouse or partner ) as it thinks just: b direct the payment of a proportion of the surrender or paid-up value from one spouse or partner to the other: c make such other order as it thinks just.

1 Where the relationship property to which any application under this Act relates includes property of the kind described in section 8(1)(i) , the court may make any order under this Act, or any provision of any such order, conditional on either spouse or partner entering into an arrangement or deed of covenant designed to ensure that the other spouse or partner receives his or her appropriate share of that property, and every arrangement or deed entered into pursuant to any such condition shall have effect according to its tenor. 2 A copy of any arrangement or deed entered into pursuant to subsection (1) may be served on the manager of the superannuation scheme from which the entitlement is derived. 3 Where a copy of any such arrangement or deed is served on any such manager he or she shall, notwithstanding the provisions of any Act, deed, or rules governing the scheme, be bound by the provisions of the arrangement or deed.

1 In any proceedings, the court must have regard to— a any order made under the Family Proceedings Act 1980 for the maintenance of a spouse or partner ; and b any child support payable by one spouse or partner , under a formula assessment under the Child Support Act 1991 , for a child of the marriage , civil union, or de facto relationship; and c any voluntary agreement, whether or not the agreement has been accepted under Part 3 of the Child Support Act 1991 . 2 In any proceedings, the court, if it considers it just, may— a make an order under the Family Proceedings Act 1980 for the maintenance of a spouse or partner : b discharge, vary, extend, or suspend an order made under the Family Proceedings Act 1980 for the maintenance of a spouse or partner : c make any order in relation to child support that may be made under section 106 or section 109 or section 112 of the Child Support Act 1991 , as if an application had been made under section 104 or (as the case requires) section 108 or section 112 of that Act : d cancel, vary, extend, or suspend a voluntary agreement. 3 An order made under this Act in respect of relationship property is not sufficient by itself to support— a an application under section 99 of the Family Proceedings Act 1980 for the discharge, variation, extension, or suspension of an order for the maintenance of a spouse or partner ; or b an application for an order under Part 7 of the Child Support Act 1991 ; or c the cancellation, variation, extension, or suspension of a voluntary agreement.

1 The court may make all such other orders and give such directions as may be necessary or expedient to give effect, or better effect, to any order made under any of the provisions of sections 25 to 32 . 2 The court may, at any time it thinks fit, extend, vary, cancel, or discharge any order made under any of the provisions of sections 26 to 32 , and may vary any terms or conditions upon or subject to which any such order has been made. 3 In particular, but without limiting the generality of subsections (1) and (2), the court may make any 1 or more of the following orders: a an order for the sale of the relationship property or any part of the relationship property, and for the division, vesting, or settlement of the proceeds: b in the case of property owned by both spouses or partners jointly, an order vesting the property in both spouses or partners in common in such shares as the court considers just: c an order vesting the relationship property, or any part of the relationship property, in either spouse or partner : d an order postponing the vesting of any share in the relationship property, or any part of such share, until a future date specified in the order or until the occurrence of a future event specified in the order: e an order for the partition or vesting of any property: f in the case of property owned by one spouse or partner , an order vesting the property in both spouses or partners jointly or in common in shares that the court considers just: g in the case of property owned by both spouses or partners , jointly or in common, an order vesting the property in one of them: h an order for the cancellation of the settlement of a joint family home: i an order for the payment of a sum of money by one spouse or partner to the other: j an order for the transfer of land, or of any interest in land, including a lease, licence, or tenancy: k an order for the transfer of shares or stock, or of mortgages, charges, debentures, or other securities, or of the title or documents of title of any property: l an order for the transfer of rights or obligations under any instrument or contract, and an order of this kind has effect regardless of any provision or term of the instrument or contract: m an order varying the terms of any trust or settlement, other than a trust under a will or other testamentary disposition: n in the case of money or other property that is part of the separate property of one spouse or partner , an order requiring that spouse or partner to pay the money, or transfer the other property, to the other. 4 Where under any order made under this Act one spouse or partner is or may become liable to pay to the other a sum of money, the court may direct that it shall be paid either in 1 sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the court thinks fit. 5 Where, pursuant to this Act, the court makes an order for the sale of any relationship property and for the division, application, or settlement of the proceeds, the court may appoint a person to sell the property and divide, apply, or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the property is vested. 6 Any order under this Act may, subject to the provisions of this Act, be made upon such terms and subject to such conditions (if any) as the court thinks fit. 7 Where the court, by any order under this Act, appoints a person (including a Registrar or other officer of the court) to sell any property and to divide, apply, and settle the proceeds, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his or her expenses.

Where application is made to the court for any order under any provision of this Act, the court may, subject to the provisions of the Act, make any other order under this Act which could have been made if application for that other order had been made when the first-mentioned application was made.

Section 11A of the Family Court Act 1980 applies to the hearing of any application or appeal under this Act— a in the Family Court: b in any other court, in which case— i references in that section to the Family Court or court must be read as references to that other court; and ii references in that section to the Family Court Judge or the Judge must be read as references to the Judge presiding at the hearing.

Sections 11B to 11D of the Family Court Act 1980 apply to the publication of a report of any proceedings under this Act— a in the Family Court: b in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court.

1 Before any order is made under this Act, such notice as a Family Court Judge or Family Court Associate directs must be given to any person having an interest in the property which would be affected by the order, and any such person shall be entitled to appear and to be heard in the matter as a party to the application. 2 In proceedings commenced after the death of one of the spouses or partners , this section is modified by section 92 .

1 The court may appoint a lawyer to represent any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the civil union or de facto relationship in any proceedings under this Act if, in the opinion of the court, special circumstances make the appointment necessary or desirable. 2 Fees payable to a lawyer appointed under subsection (1), and reasonable expenses incurred,— a must be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by the Registrar of the court; and b must be paid by 1 or more of the parties to the proceedings as ordered by the court.

1 The court may, on any application under this Act, appoint the Registrar of the court, or such other person as the court thinks fit, to make an inquiry into the matters of fact in issue between the parties, and to report thereon to the court. 2 A copy of every such report shall be given to the lawyer appearing for each party to the proceedings or, if any party is not represented by a lawyer , to that party. Any party may tender evidence on any matter referred to in any such report. 3 The court may, on any application under this Act, with the consent of the parties, appoint the Registrar of the court, or such other person as the court thinks fit, to settle a scheme in respect of the property comprised in the application and to submit it to the court for approval. 4 Fees payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3), and reasonable expenses incurred,— a may be determined in accordance with regulations made under this Act; and b are payable out of public money appropriated by Parliament for the purpose: provided that, if the court thinks proper, it may order any party to refund to the Crown such amount as the court specifies in respect of those fees and expenses, and that amount shall be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of the District Court or the High Court as the case may require, in the same manner as a judgment of that court.

1 A Family Court Judge may order the transfer of proceedings to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings. 2 In considering whether to make an order under subsection (1), the Judge must have regard to— a the complexity of the proceedings or of any question in issue in the proceedings: b any proceedings before the High Court that are between the same parties and that involve related issues: c any other matter that the Judge considers relevant in the circumstances. 3 An order may be made under subsection (1) on— a the application of a party to the proceedings; or b the court's initiative. 4 Any proceedings transferred to the High Court by an order made under subsection (1) continue in that court as if they had been properly commenced there.

1 This subsection applies to a decision of the Family Court or the District Court, in proceedings under this Act, to— a make or refuse to make an order; or b dismiss the proceedings; or c otherwise finally determine the proceedings. 2 A party to proceedings in which there is made a decision to which subsection (1) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision. 3 The High Court Rules 2016 and sections 126 to 130 of the District Court Act 2016 , with all necessary modifications, apply to an appeal under subsection (2) as if it were an appeal under section 124 of that Act. 4 On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 126(1) of the District Court Act 2016 to give the Registrar of the High Court security for costs. 5 Subsection (4) overrides subsection (3). 6 If the appeal relates to proceedings commenced after the death of one of the spouses or partners , this section is modified by section 93 .

1 The provisions of the Senior Courts Act 2016 relating to appeals to the Court of Appeal against a decision of the High Court apply to an order or decision of the High Court under this Act. 3 The High Court or the Court of Appeal may, if it thinks that the interests of justice so require,— a rehear the whole or any part of the evidence; or b receive further evidence.

1 In any proceedings under this Act, a Family Court Judge or Family Court Associate may make any order as to costs that they think fit. 2 Subsection (1) is subject to any rules of procedure made for the purposes of this Act.

1 Where an order made under this Act relates to any estate or interest in land, a copy of the order sealed with the seal of the court shall, upon application by either of the parties and upon payment of the prescribed fee, be registered by the Registrar-General of Land or the Registrar of Deeds, as the case may be, or by the Mining Registrar in any case where the order relates to land comprised in a licence within the meaning of the Mining Tenures Registration Act 1962 that has not been registered under the Land Transfer Act 2017 . 2 For the purposes of this section an order to which this section applies shall cease to have effect where— a the order is discharged or cancelled by the court under section 33(2) ; or b the person in whose favour and the person against whom the order is made so agree in writing and the agreement is signed and witnessed in accordance with section 21F(2), (4), and (5) ; or c the period for which the order was made has expired; or d the court so directs in any other case. 3 Where the Registrar-General of Land or the Registrar of Deeds or the Mining Registrar, as the case may be, is satisfied that an order registered under subsection (1) has ceased to have effect, he or she shall, on application in that behalf, endorse the register accordingly. 4 Where an order made under any of the provisions of this Act relates to any stocks, shares or other company securities, or to any other property the title to which passes upon or is evidenced by registration, the foregoing provisions of this section shall apply with all necessary modifications to such stocks, shares, securities or other property as if they were estates or interests in land.

1 A claim to an interest, pursuant to this Act, in any land subject to the Land Transfer Act 2017 shall be deemed to be a registrable interest for the purposes of that Act. 2 Notice of a claim under subsection (1) shall be effected by lodging a duly completed notice in the prescribed form with the Registrar-General of Land . 3 Every notice so lodged shall have effect as if it were a caveat lodged pursuant to section 138 of the Land Transfer Act 2017 and the provisions of that Act , except section 141 , shall apply subject to the following modifications: a any application under section 142 of that Act in respect of any notice lodged under subsection (2) may be made to, and determined by, the Family Court, District Court, or High Court; and aa any application that may be made to a court under section 143 of that Act in respect of any notice lodged under subsection (2), may be made to and determined by a Family Court Associate, a Family Court Judge, the District Court, or the High Court; and b an order under section 146 of that Act authorising the receipt of a second notice under this section may be made by the Family Court or the District Court or the High Court . 4 In the case of land that is not subject to the Land Transfer Act 2017 , notice of a claim to an interest pursuant to this Act may be registered in the manner in which deeds and other instruments affecting the land may be registered. 5 A notice under subsection (2) or subsection (4) may be registered notwithstanding that no proceedings under this Act are pending or in contemplation, and notwithstanding that there is no dispute between the parties.

1 Where it appears to the High Court or the District Court or the Family Court that any disposition of property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of any person in order to defeat the claim or rights of any other person ( party B ) under this Act, the court may, on such notice being given as the court may direct, by order restrain the making of the disposition or may order any proceeds of the disposition to be paid into court to be dealt with as the court directs. 1A The court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative. 1B A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1) to make an order on the application of party B. 2 Any disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or lawyer acting in connection with the disposition, shall be void, and the court may consider any claim of any person interested and may make such order as it thinks just.

1 Where the High Court or the District Court or the Family Court is satisfied that any disposition of property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of any person in order to defeat the claim or rights of any person ( party B ) under this Act, the court may make any order under subsection (2). 1A The court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative. 2 In any case to which subsection (1) applies, the court may, subject to subsection (4),— a order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or his or her personal representative, shall transfer the property or any part thereof to such person as the court directs; or b order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or his or her personal representative, shall pay into court, or to such person as the court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or c order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or his or her personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the court directs, or shall pay into court or to such person as the court directs a sum not exceeding the value of the interest. 3 For the purposes of giving effect to any order under subsection (2), the court may make such further order as it thinks fit. 4 Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his or her position in reliance on his or her having an indefeasible interest in the property or interest that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be.

Sections 44B and 44C do not apply to a trust under a will or other testamentary disposition.

1 In any proceedings for an order under section 25(1)(a) , the court may make an order requiring a spouse or partner to disclose to the court such information as the court specifies relating to the disposition of relationship property by either or both spouses or partners to a trust since the marriage , the civil union, or the de facto relationship began. 2 The court may make an order under this section on the application of either party to the proceedings or on its own initiative.

1 This section applies if the court is satisfied— a that, since the marriage , the civil union, or the de facto relationship began, either or both spouses or partners have disposed of relationship property to a trust; and b that the disposition has the effect of defeating the claim or rights of one of the spouses or partners ; and c that the disposition is not one to which section 44 applies. 2 If this section applies, the court may make 1 or more of the following orders for the purpose of compensating the spouse or partner whose claim or rights under this Act have been defeated by the disposition: a an order requiring one spouse or partner to pay to the other spouse or partner a sum of money, whether out of relationship property or separate property: b an order requiring one spouse or partner to transfer to the other spouse or partner any property, whether the property is relationship property or separate property: c an order requiring the trustees of the trust to pay to one spouse or partner the whole or part of the income of the trust, either for a specified period or until a specified amount has been paid. 3 The court must not make an order under subsection (2)(c) if— a an order under subsection (2)(a) or (b) would compensate the spouse or partner ; or b a third person has in good faith altered that person's position— i in reliance on the ability of the trustees to distribute the income of the trust in terms of the instrument creating the trust; and ii in such a way that it would be unjust to make the order. 4 The court may make 1 or more orders under subsection (2) if it considers it just to do so, having regard to— a the value of the relationship property disposed of to the trust: b the value of the relationship property available for division: c the date or dates on which relationship property was disposed of to the trust: d whether the trust gave consideration for the property, and if so, the amount of the consideration: e whether the spouses or partners, or either of them, or any child of the marriage, civil union, or de facto relationship, is or has been a beneficiary of the trust: f any other relevant matter.

1 In sections 44E and 44F , qualifying company means a company in which a controlling interest is held by, as the case requires,— a one of the spouses or partners ; or b the estate of the deceased spouse or partner . 2 For the purposes of this section, a person holds a controlling interest in a company if that person holds (whether directly or indirectly) equity securities in that company that carry in the aggregate 50% or more of the voting rights at a general meeting of the company. 3 For the purposes of this section, a person holds equity securities in a company ( company A ) if— a that person is beneficially entitled to, or is beneficially entitled to an interest in, any equity securities in that company (whether or not the whole or any part of the legal ownership of the equity securities is vested in that person); or b that person holds a controlling interest in another company ( company B ) that holds equity securities in company A. 4 For the purposes of subsections (2) and (3), equity security has the same meaning as in section 8 of the Financial Markets Conduct Act 2013 .

1 In any proceedings for an order under section 25(1)(a) , the court may make an order requiring a spouse or partner to disclose to the court such information as the court specifies relating to the disposition of relationship property by either or both spouses or partners to a qualifying company since the marriage or the civil union or the de facto relationship began. 2 The court may make the order under this section on the application of either party to the proceedings or on its own initiative.

1 This section applies if the court is satisfied— a that, since the marriage or the civil union or the de facto relationship began, either or both spouses or partners have disposed of relationship property to a qualifying company; and b that the disposition has the effect of defeating the claim or rights of one of the spouses or partners ; and c that the disposition is not one to which section 44 applies. 2 If this section applies, the court may make 1 or more of the following orders for the purpose of compensating the spouse or partner whose claim or rights under this Act have been defeated by the disposition: a an order requiring one spouse or partner to pay to the other spouse or partner a sum of money, whether out of relationship property or separate property: b an order requiring one spouse or partner to transfer to the other spouse or partner any property, whether the property is relationship property or separate property. 3 The court may make 1 or more orders under subsection (2) if it considers it just to do so, having regard to— a the value of the relationship property disposed of to the qualifying company: b the value of the relationship property available for division: c the date or dates on which relationship property was disposed of to the qualifying company: d whether the company gave consideration for the property, and if so, the amount of the consideration: e any other relevant matter.

1 Where proceedings are pending under this Act, no party knowing that the proceedings are pending shall, without the leave of a Judge of the High Court or a District Court Judge or a Family Court Judge or a Registrar, or the consent in writing of the other party, sell, charge, or dispose of any of the family chattels or (except in an emergency) remove from the family home or homes any of the family chattels which are household appliances or effects or which form part of the furniture of that home or those homes. 2 Any person who does any act in contravention of the provisions of this section commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000 , or to both.

Subject to the provisions of sections 42 to 44 , the rights conferred on a spouse or partner by any order made under this Act shall be subject to the rights of the persons entitled to the benefit of any mortgage, security, charge, or encumbrance affecting the property in respect of which the order is made if it was registered before the order was registered or if the rights of that person arise under an instrument executed before the date of the making of the order: provided that, notwithstanding anything in any enactment or in any instrument, no money payable under any such mortgage, security, charge, or encumbrance shall be called up or become due by reason of the making of any such order, not being an order directing the sale of any property.

1 Any agreement, disposition, or other transaction between spouses or partners with respect to their relationship property and intended to defeat creditors of either spouse or partner is void against those creditors and the Official Assignee. 2 Any such agreement, disposition, or other transaction that was not so intended but that has the effect of defeating such creditors is void against such creditors and the Official Assignee during the period of 2 years after it is made, but only to the extent that it has that effect. 3 For the purposes of subsection (2), an agreement between spouses or partners with respect to their relationship property is deemed to have been made for valuable consideration if— a a situation described in section 25(2) has arisen; and b the agreement is made for the purpose of settling (wholly or in part) their rights under this Act with respect to that property. 4 Nothing in this section applies to any gift by one spouse or partner to the other spouse or partner , if the gift is made on a customary occasion and is reasonable in amount having regard to the donor's means and liabilities. 5 This section applies regardless of any other provision of this Act.

1 Except as provided in any enactment, the rights, privileges, powers, capacities, duties, and liabilities of a married woman shall, for all the purposes of the law of New Zealand (whether substantive, procedural, or otherwise), be the same in all respects as those of a married man, whether she is acting in a personal, official, representative, or fiduciary capacity. 2 This section shall apply to every married woman whether she was married before or after the commencement of this Act, and whether the marriage was solemnised in New Zealand or not, and whether she is or was at any relevant time domiciled in New Zealand or not.