Part 2Interpretation and application of legislation
General definitions and interpretation provisions
14Meaning of de facto relationship
In any legislation, de facto relationship means a relationship between 2 people (regardless of their sex, sexual orientation, or gender identity) who—
- live together as a couple in a relationship in the nature of marriage or civil union; and
- are not married to, or in a civil union with, each other; and
- are both aged 16 years or older.
However, a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A of the Care of Children Act 2004.
In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to—
- the context, and the purpose of the law, in or for which the question is to be determined; and
- all the circumstances of the relationship.
A de facto relationship ends if—
- the de facto partners cease living together as a couple in a relationship in the nature of marriage or civil union; or
- one of the de facto partners dies.
Compare
- 1999 No 85 s 29A