New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Indebtedness allocation
  • 24 Apr 2015

    MEAD v GRAHAM-MEAD [2015] NZHC 825

    Citation
    [2015] NZHC 825
    Court
    High Court

    The s21 agreement did not exclude the respondent's statutory monetary entitlement under s12 to the homestead; where separate property was converted or augmented during the relationship (Kiwi→Fonterra shares, herd, improvements to farm) those resulting assets or increases fell within s8 and s9A as relationship property; valuation and quantification were correctly approached by the Judge using hearing‑date valuation for value and separation date for extent, and indebtedness at date of separation was properly apportioned equally; the top runoff initial purchase in 1992 is separate property but i…