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Smith v Moore [2021] NZFC 10145

Published 31 May 2022

Relationship property proceedings — endorsement of agreement — superannuation rights — KiwiSaver scheme — Property (Relationships) Act 1976, ss 1N, 8, 21A & 31 — KiwiSaver Act 2006, s 127 — KiwiSaver Scheme Rules, r 7. The parties jointly applied for an endorsement order from the Court for their relationship property agreement. The parties had entered into an agreement for full and final settlement of their relationship property, which required an adjustment sum of $309,000 to be paid from one party's KiwiSaver scheme. This required the Court to make an order that the scheme provider release funds. The relevant legislation provided for jurisdiction for the Court to make such orders and both parties consented to the orders. The Court granted the application and made the orders as sought. Judgment Date: 8 October 2021.