Contracting Out Agreements
17 May 2024

The Property (Relationships) 1976 (“Act”) sets out the rules for the division and distribution of a couple’s property (whether they are a de facto couple, in a civil union, or married) on their separation or on the death of either of them [1].


Generally, where a couple have been in a qualifying relationship for three years or more, all relationship property will be divided equally.


A couple can make their own arrangements as to how they want their property dealt with at the end of their relationship by entering into a contracting out agreement under the Act, commonly referred to as a pre-nup.


Contracting out agreements can cover as much or as little as a couple would like, but there are strict rules that need to be followed.


Here are some key points to know about contracting out agreements in New Zealand:


1. What can contracting out agreements cover?

Contracting out agreements are typically used to specify how assets and liabilities will be divided at the end of a relationship. They can also provide for the rules of ownership during the relationship (for example, who will pay what) and rules for the division of property (for example, how property will be valued and sold).


2. Why do you need an agreement?

Contracting out agreements are common where one person enters a relationship with significantly more property than the other and wants to keep specific assets separate or in second-time around relationships. However, there are many different reasons why people may consider a contracting out agreement.


3. When do you enter an agreement?

A contracting out agreement can be entered into at any time during a relationship. However, it’s usually best to enter into a contracting out agreement at the beginning of a de facto relationship, marriage, or civil union (or immediately before it begins).The rules should be clear from the start; therefore, there is no pressure on one party to sign an agreement before any important dates, like a wedding, or, in the case of de facto couples, reaching the three-year mark in their relationship.


4. How does a contracting out agreement work?

To be binding, a contracting out agreement must be in writing and signed by both parties. Each party must also have independent legal advice (that is, from their own lawyer) before signing the agreement. The lawyers must each witness their client’s signature and certify that they have explained the implications and consequences of signing the agreement before the client signed it.


[1] In a recent decision, the Supreme Court determined that the Act can, in certain circumstances, also apply to polyamorous relationships.

Informal agreements that a couple might make between themselves (whether they’re in writing or not) are of no legal effect (although, you can, in limited circumstances, apply for them to be upheld).


5. Do you have to make a contracting out agreement fair?

The court can set contracting out agreements aside if the terms would amount to a “serious injustice” should the agreement to remain in place (which may include the agreement being unfair or if one party was under duress to sign).

6. What about trusts?

Special consideration must be given to trusts and trust owned property because the interplay between trusts and relationship property under the Act can be complex.

7. Once a contracting out agreement is signed, should you forget about it?

No, it is important that contracting out agreements are reviewed regularly to ensure the terms do not become seriously unjust because that can leave the agreements vulnerable to being set aside by the court.

How often an agreement should be reviewed will depend on the particular circumstances (including changes to property, getting married, the birth of a child, or simply the passage of time).


8. How do you raise the topic of a contracting out agreement with your partner?

For some, this is an awkward topic. However, it’s always best an agreement is discussed early on in a relationship. We can give advice and guidance as to how best to broach the topic and the issues with your partner.


9. What will creating and finalising a contracting out agreement cost?

This varies greatly. So, the cost depends on the complexity of the contracting out agreement, the extent of a couple’s property, and the time it takes to draft, negotiate, and advise on the terms.


While some people are reluctant to spend money on a contracting out agreement at all, a contracting out agreement can save people considerable amounts of money and legal fees in the long run.


A contracting out agreement can provide certainty and peace of mind for both parties for the future.


If you have questions concerning contracting out agreements (or reviews of them), our experienced Family Lawyers can offer valuable insights and recommendations on tailoring an agreement that precisely fits your relationship. For more information, please contact Vonja Young, Michaela Barnes, or Seb Recordon.

5 October 2026
Many people spend time preparing a will, but far fewer consider what would happen if they were still alive but unable to make decisions for themselves. An Enduring Power of Attorney (EPA) is an important legal document, which enables you to appoint another person (known as your attorney) to make decisions for you if you become mentally incapable of doing so yourself. Like a will, an EPA can be updated as your circumstances change. Like insurance, an EPA may never be needed, but it provides important protection should the unexpected occur. There are two types of EPA. The first relates to property and the second relates to personal care and welfare matters. Property Attorney Your property attorney will make decisions relating to financial assets; that is arranging benefits, paying bills, looking after bank accounts, and buying and selling assets (selling the family home to pay for care for example). You can appoint any number of people to act as a property attorney together or separately, and/or appoint attorneys in succession if you think that is a sensible idea too. You can also elect whether the EPA for property is to take effect immediately and then endure past the point you have lost capacity, or whether it is to take effect only in the situation where you have lost capacity. An EPA that takes effect immediately can be useful if you are travelling overseas or are physically unable to manage aspects of your affairs yourself. While you retain capacity and you remain able to continue managing your own affairs, your attorney’s role is generally to assist rather than take over. Personal Care and Welfare A personal care and welfare attorney will make decisions relating to your health and wellbeing such as your medical treatment, living situation, what level of care you receive, and the like. You can only appoint one attorney at a time as a personal care and welfare attorney. However, like the EPA for property, you can also appoint attorneys in succession. The EPA for personal care and welfare will only ever take effect in the situation where you have lost capacity. What Happens if you do not have an EPA? If you lose capacity and have not appointed an attorney, your spouse, partner, children, or relatives may discover they are unable to access bank accounts, manage investments, sell property, sign legal documents, or make certain healthcare decisions. This is mostly because financial institutions and government agencies generally require proper legal authority before allowing another person to act on your behalf. Without an EPA, family members may need to apply to the Court for orders appointing a property manager to manage your financial affairs and/or a welfare guardian to make personal care and welfare decisions. This process can be a stressful, an expensive, and a time-consuming exercise at a time when stress levels are already high. Things to Think About when Preparing your EPA The sorts of things you need to think about when preparing your EPAs are: Who you would want as your property attorney(s) and any successor attorneys. Who you want as your personal care and welfare attorney and any successor attorneys. Whether you wish to impose any conditions on your attorney. Whether you wish to require your attorneys to consult or provide information to named persons. In relation to your property attorney, whether you authorise your attorney to use your property for their own benefit or the benefit of any other person. In relation to your property attorney, whether you authorise your attorney to use your property to provide gifts (either to family or charities).  It is also important to be aware your EPA needs to be signed and witnessed in the presence of either a lawyer, registered legal executive, or an authorised officer of a trustee corporation for your EPA to be valid. Proposed Changes to the Legislation The Law Commission has recommended replacing the current Protection of Personal and Property Rights Act 1988, which governs EPAs, with an entirely new Act. The Government has accepted the central recommendation to replace the legislation and has indicated substantive reform work is a priority. We do not know precisely what those changes (if any) will look like, but the proposed reforms are summarised as follows: More emphasis on your wishes: Under the current framework, attorneys are often guided by what they think is in your best interests. The proposed reforms would place much greater weight on your own wishes, values, beliefs, and preferences. That may mean that rather than simply appointing an attorney, you may be encouraged to leave more detailed guidance to your attorneys. The attorney’s role may be more focussed on carrying out what you would have wanted rather than them deciding what they think is best. A new supporter role: The proposed reforms establish the creation of a formal supporter whose job is to help a person understand information, weigh options, and communicate decisions without actually making the decision for that person. Capacity may be viewed more flexibly: The reforms recognise capacity is not always all or nothing. The new framework is expected to allow more tailored arrangements rather than completely removing a person’s decision-making authority. Greater safeguards against abuse: Future reforms are likely to strengthen oversight and accountability for attorneys by introducing better record-keeping requirements, clearer obligations on attorneys, and potentially a voluntary register of EPAs. Summary EPAs are not just documents for the elderly. Accidents, illnesses, and unexpected medical events can affect anyone at any stage of life. By putting an EPA in place, you retain control over who will make decisions for you if you cannot make them yourself and, having EPAs in place, can reduce stress for your family in the event you lose the capacity to make decisions for yourself. The Law Commission’s review of the legislation is a good reminder of just how important EPAs are, and we are of the view that ensuring they are in place is of the utmost importance. That being said, the current EPA system is effective and still one of the most important estate planning documents available. If you are interested in learning more about EPAs and the importance of them or would like to discuss putting them in place, please reach out to one of the team members at Glaister Keegan. We would be happy to assist you.
31 August 2026
We're pleased to introduce Zak Nasir , Senior Associate in our Land Development and Commercial Property team. Zak brings a unique blend of legal and planning expertise, helping clients navigate some of New Zealand's most complex property and development projects. With extensive experience in land development, subdivisions, commercial property and resource management matters, Zak advises developers, private clients and infrastructure providers on all aspects of property acquisition, development structuring, subdivision, leasing and disposal. His practice spans projects of all sizes, from boutique developments through to major residential subdivisions involving hundreds of lots. Before becoming a lawyer, Zak worked as a town planner, giving him a valuable understanding of the planning and development process. This background allows him to identify potential issues early and provide commercially focused, practical advice throughout the life of a project. Clients and colleagues alike value his ability to bridge legal, planning and development considerations to achieve successful outcomes. He has previously worked in London as a lawyer and most recently at a large top tier firm in Auckland. Throughout his career, Zak has advised on significant commercial property transactions, large-scale development projects, leasing arrangements and Public Works Act matters. He is known for his pragmatic approach and his ability to work collaboratively with surveyors, engineers, planners and government agencies to resolve complex issues efficiently. Whether assisting first-time developers or experienced industry participants, Zak is committed to delivering clear, practical solutions that help clients move forward with confidence. We are delighted to have him as part of the Glaister Keegan team and look forward to the continued value he brings to our clients and colleagues. Contact: zak.nasir@glaister.co.nz
31 August 2026
Alternative Holidays Current system If the full-time employee works on a public holiday that is an OWD, they get one full alternative holiday , no matter how many hours they worked. The full-time employee must take their leave on another OWD. The full-time employee can cash their leave up after 12 months. Proposed new system The full-time employee earns alternative holiday hours , matching the number of hours they worked (or were on call and called in) on the public holiday. The full-time employee can take the hours on any day they could normally work . The full-time employee can cash their hours up at any time . Leave Payments Current system Leave payments require multiple calculations to account for variable hours and payments. Annual leave taken soon after parental or volunteer leave is paid at a lower rate . Proposed new system All leave is paid at an hourly rate , based on the lowest hourly rate payable for the day the leave is taken plus an average for piece‑rate work. Fixed allowances are paid in full during leave. Annual leave after parental or volunteer leave is paid normally . Leave Compensation Payments (Replacing “Pay as You Go”) Current system Employers and workers can agree to “Pay as You Go” (8% of gross earnings) for casual short‑term work. Proposed new system A Leave Compensation Payment (LCP) of 12.5% of a worker’s ordinary hourly rate is paid on all casual hours . Workers with standard hours also get LCP on additional hours they work, instead of accruing annual or sick leave on those hours. Fixed‑term workers earn leave from day one . For more information please contact Brett Vautier and Paul McKendrick.
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