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Lambert v River [2023] NZFC 12359

Published 15 December 2023

De facto relationship — property disposition — engagement ring — Domestic Actions Act 1975, s 8 — Property Relationships Act 1976, ss 2E, 14, 14A & 25(3) — Oliver v Bradley [1987] 1 NZLR 586 (CA) — Zhao v Huang [2014] NZHC 132. The parties had been in a de facto relationship, and separated after getting engaged. The respondent had since obtained a temporary protection order against the applicant. The applicant sought the return of the engagement ring or the equivalent replacement value of $45,000. He also sought costs and disbursements of $8,463.24. The application was under the Domestic Actions Act. The Act's purpose was to settle disputes arising out of property transactions in anticipation of a marriage that did not happen. The main difficulties with the application were the evidence of the value of the ring, and having a single item in dispute under the Act. The Court found that as there were more financial and non-financial contributions from both parties throughout their relationship, isolating one item may have led to an injustice. This approach was not endorsed by case law. There was a risk that if the respondent no longer had the ring, she may have had to pay an excess amount to the respondent. The application was declined. Judgment Date: 19 October 2023 * * * Note: names have been changed to comply with legal requirements. * * *