Family Proceedings Act 1980

Miscellaneous provisions

184: Dispositions may be set aside

You could also call this:

"When someone gives away property to stop you getting it, you can ask the court to change this decision."

Illustration for Family Proceedings Act 1980

You can ask the court to set aside a disposition of property if it was made to defeat your claim or rights under Part 6 or the Child Support Act 1991. The court can make an order to transfer the property or pay a sum of money if the disposition was made to defeat your claim. The court will consider if the person who received the property did so in good faith and for valuable consideration when making its decision.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM42200.

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183: Dispositions may be restrained, or

"Stopping someone from getting rid of property to avoid paying you"

185: Separation agreements by persons of unsound mind, or

"Agreements when one person is not able to make decisions for themselves"

Part 11Miscellaneous provisions

184Dispositions may be set aside

Where the court is satisfied that any disposition of any property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to proceedings under this Act in order to defeat the claim or rights of any person under Part 6 or under the Child Support Act 1991 or in respect of costs, the court may, on the application of that person, make an order under subsection (2).
In any case to which subsection (1) applies, the court may, subject to the provisions of subsection (4),—
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 that person's personal representative, shall transfer the property or any part thereof to such person as the court directs; or
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 that person's 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
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 that person's 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.

For the purposes of giving effect to any order under subsection (2), the court may make such further order as it thinks fit.
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 position in reliance on 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.
The court may, on any application under this section, make such order as to costs as it thinks fit.

Compare

1976 No 166 s 56

Notes

Section 184(1): amended, on 1 July 1992, by section 26 of the Family Proceedings Amendment Act 1991 (1991 No 144).