Relationship property proceedings — division of relationship property — time limit — Property (Relationships) Act 1976, ss 21A, 24, 55, 61, 81, 89, 90 & 95 — McConkey v Clarke [2019] NZHC 924, [2019] NZFLR 170 — Beuker v Beuker (1977) 1 MPC 20 (SC) — Ritchie v Ritchie (1991) 8 FRNZ 197 (HC). The applicant sought leave to apply for a division of relationship property some five years after separation — outside of the time limit outlined in the Property (Relationships) Act. The application was opposed by the executors of the deceased's estate, whose sole beneficiary was a charitable trust. The applicant had been in a de facto relationship with the deceased for approximately 15 years. Upon separation both agreed that the deceased would acquire the applicant's interest in the family home, and the applicant received a payment of $175,000 in compensation. The parties subsequently acknowledged that they were satisfied with the results of this agreement which had not included the entirety of the relationship property pool, and neither had sought independent legal advice. In deciding whether an extension of time should be granted for the application, the Judge looked to four factors: the length of time elapsed between the time limit and the bringing of the application, the adequacy of the explanation for delay, the merits of the case and the prejudice to the respondent. The delay was found to have been between two to three years. The Court looked to the unhappy nature of the relationship and the dominant and overbearing nature of the deceased, and held that the delay in bringing proceedings had been linked to the timing of his death. The Judge held that there was merit to grant leave as the applicant had been materially disadvantaged by the earlier agreement. While the burden fell to the respondent executors to prove that any property was not relationship property, the applicant only sought a half-share of the relationship property held by the executors as identifiable at separation. The Judge granted the applicant leave to apply for orders to extend the time for making an application. Judgment Date: 6 July 2021