Legislation Act 2019

Interpretation and application of legislation - General definitions and interpretation provisions

14: Meaning of de facto relationship

You could also call this:

"What it means to be in a de facto relationship, like a married couple but not actually married"

When you hear the term de facto relationship, it means a relationship between two people who live together as a couple, like they are married, but they are not actually married or in a civil union. You and the other person must be 16 years or older to be in a de facto relationship. If you are 16 or 17 years old, there are extra rules you must follow, which are explained in section 46A of the Care of Children Act 2004.

To decide if two people are in a de facto relationship, the court looks at the reason for the question and all the circumstances of the relationship. A de facto relationship can end if you and your partner stop living together like a married couple, or if one of you dies.

You need to know that the court considers many things when deciding if a relationship is a de facto relationship, including why the question is being asked and what is happening in the relationship.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298260.


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Part 2Interpretation and application of legislation
General definitions and interpretation provisions

14Meaning of de facto relationship

  1. In any legislation, de facto relationship means a relationship between 2 people (regardless of their sex, sexual orientation, or gender identity) who—

  2. live together as a couple in a relationship in the nature of marriage or civil union; and
    1. are not married to, or in a civil union with, each other; and
      1. are both aged 16 years or older.
        1. 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.

        2. 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—

        3. the context, and the purpose of the law, in or for which the question is to be determined; and
          1. all the circumstances of the relationship.
            1. A de facto relationship ends if—

            2. the de facto partners cease living together as a couple in a relationship in the nature of marriage or civil union; or
              1. one of the de facto partners dies.
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