Eligibility for Publicly Funded Health and Disability Services

Evidence of a de-facto relationship - Property(Relationships) Act 1976

A person is another person's de-facto partner if they have a de-facto relationship with each other.

If a statutory declaration is used to provide proof of a de-facto partnership, the declaration must discuss how the partnership meets the criteria described in section 2D of the Property (Relationships) Act 1976 (PRA). Supporting proof (such as proof of joint tenancy) should be attached to the statutory declaration.

A statutory declaration must be witnessed by a solicitor or Justice of the Peace.

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:

1. the duration of the relationship;
2. the nature and extent of common residence;
3. whether or not a sexual relationship exists;
4. the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties:
5. the ownership, use, and acquisition of property;
6. the degree of mutual commitment to a shared life;
7. the care and support of children;
8. the performance of household duties;
9. the reputation and public aspects of the relationship.

The relationship ends if the de-facto partners cease to live together as a couple; or one of the de-facto partners dies.

For more information view section 2D on the Legislation.govt.nz website - 2D Meaning of de facto relationship.

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Page last updated: 29 January 2009