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Van Daalen v Thorn [2021] NZFC 10149

Published 25 May 2022

Relationship property proceedings — endorsement of agreement — superannuation rights — KiwiSaver scheme — Property (Relationships) Act 1976, ss 1N, 8, 21A, 31 & 33 — KiwiSaver Act 2006, s 127 — KiwiSaver Scheme Rules, r 7 — PES v DNS (2006) 25 FRNZ 863(FC). The applicant applied for an endorsement order from the Court for the parties' 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 $40,000 to be paid from the applicant'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.