7 Aug 2018
HOPKINS v WHITEHEAD [2018] NZHC 1996
- Citation
- [2018] NZFLR 559
- Court
- High Court
Clause 11.2 of the mediated agreement explicitly treated all payments, including ongoing maintenance, as consideration for a full and final settlement of relationship and trust property; because the maintenance commitments were inter‑dependent with the property settlement they were not severable and, absent s182(6) Family Proceedings Act exceptional child‑interest grounds, the Family Court had no jurisdiction to vary them, so the s32 PRA application was without tenable grounds and properly struck out.