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Newport v Thompkins [2023] NZFC 1758

Published 18 March 2024

Reserved judgment — occupation order — Property (Relationships) Act 1976 ss 26, 27 & 28A — Doak v Turner [1981] 1NZLR 18 — Dyason v Dyason (1987) 2 FRNZ 291 — R v R [2010] NZFLR 555. The parties had recently ended their marriage and were in the process of identifying and dividing their relationship property. The issue for determination in this judgment was whether the applicant husband or respondent wife would have occupation of the family home until the settlement of relationship property. The parties' arrangement prior to separation was that the respondent was the primary caregiver of their children while the applicant focused on his work. The Court reasoned that this put the applicant in a much more flexible position than the respondent, due to his access to capital and significantly higher income. The respondent would likely have struggled to make ends meet if she was forced to find other accommodation to rent, impacting her ability to provide for the children. For these reasons, the Court made an order granting the respondent and their children exclusive occupation of the family home until the settlement of relationship property proceedings. Judgment Date: 24 February 2023. * * * Note: names have been changed to comply with legal requirements. * * *