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Accident Compensation: Claim Review (Claimant)

Accident Compensation/6s/National

↳
District Court Appeal Track

Accident Compensation/5s/National

Bail Application - District Court (Defendant)

Criminal Law/6s/National

↳
High Court Bail Appeal (s 44)

Criminal Law/4s/National

↳
Bail Variation or Review (s 33/34)

Criminal Law/3s/National

Civil Remedies under Harmful Digital Communications Act

Civil Litigation/9s/National

↳
Parallel Criminal Prosecution Coordination (s 22 / s 22A)

Civil Litigation/4s/National

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Without-Notice Interim Order (Rule 21)

Civil Litigation/3s/National

Construction Adjudication (Respondent)

Construction Law/7s/National

↳
Residential Occupier (Section 31 Exemption)

Construction Law/4s/National

↳
Landowner (Non-Respondent) - Section 52 Review Pathway

Construction Law/5s/National

Court-Ordered Company Liquidation (Creditor)

Bankruptcy & Insolvency/6s/National

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Judgment Debt Pathway

Bankruptcy & Insolvency/6s/National

Creditor-Initiated Personal Bankruptcy

Bankruptcy & Insolvency/10s/National

Defending PCBUs in WorkSafe Prosecutions (Respondent)

Employment Law/7s/National

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Enforceable Undertaking Pathway

Employment Law/4s/National

↳
Jury Trial Election

Employment Law/4s/National

Defending Unjustified Dismissal Claims (Respondent)

Employment Law/5s/National

↳
Specified Contractor Status Gateway Pathway

Employment Law/3s/National

↳
High-Income Threshold Gateway Pathway

Employment Law/3s/National

↳
De Novo Challenge - Employment Court Pathway

Employment Law/4s/National

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90-Day Trial Period Pathway

Employment Law/3s/National

Discharge Without Conviction Application - Section 106 Sentencing Act 2002

Criminal Law/6s/National

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Professional Licensing Consequences - s 106 Application

Criminal Law/4s/National

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Immigration and Deportation Consequences - s 106 Application

Criminal Law/4s/National

Dissolution of Marriage or Civil Union (Applicant)

Family Law/7s/National

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Sole Application - Family Violence Fast-Track Pathway (s 39A)

Family Law/7s/National

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Joint Application - Standard Irreconcilable Breakdown (s 37/39)

Family Law/7s/National

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Joint Application - Family Violence Fast-Track Pathway (s 39A)

Family Law/7s/National

Drink or Drug Driving (Defendant)

Criminal Law/3s/National

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Limited Licence Application

Criminal Law/2s/National

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Simple Guilty Plea

Criminal Law/2s/National

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Contested Hearing

Criminal Law/2s/National

Family Protection Act Claims (Applicant)

Wills and Estates/7s/National

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De Facto Partner Standing and Cohabitation Assessment

Wills and Estates/4s/National

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Parent Standing and Dependency Assessment

Wills and Estates/4s/National

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Stepchild Standing and Maintenance Assessment

Wills and Estates/4s/National

Family Protection Act Claims (Executor)

Wills and Estates/7s/National

↳
Neutral Assistance and Application for Judicial Directions

Wills and Estates/5s/National

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Active Defence of Claim on Behalf of Beneficiaries

Wills and Estates/5s/National

Family Violence Act: Protection Order (Respondent)

Family Law/6s/National

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Weapons Return and New Firearms Licence - Arms Act 2026

Family Law/3s/National

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On-Notice Defence - No Without-Notice Order Made

Family Law/3s/National

New Zealand Consumer Guarantees Act Claim (Applicant)

Civil Litigation/7s/National

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Parallel Fair Trading Act Misrepresentation Claim

Civil Litigation/4s/National

↳
Rejection and Refund of Goods (Section 22)

Civil Litigation/4s/National

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Cancellation of Services Contract (Section 35)

Civil Litigation/4s/National

New Zealand Debt Recovery (Creditor)

Civil Litigation/5s/National

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Disputes Tribunal Pathway (Claims up to $60,000)

Civil Litigation/3s/National

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Default Judgment Pathway

Civil Litigation/3s/National

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Summary Judgment Pathway

Civil Litigation/3s/National

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Defended Proceeding Pathway (2026 Civil Justice Reform Track)

Civil Litigation/3s/National

New Zealand Disputes Tribunal Claim (Claimant)

Civil Litigation/8s/National

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Insurer Subrogated Claim

Civil Litigation/8s/National

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Late Knowledge Claim

Civil Litigation/8s/National

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Corporate Respondent Claim

Civil Litigation/8s/National

Parenting Order Applications (Applicant)

Family Law/7s/National

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Without Notice (Urgent) Pathway

Family Law/3s/National

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Relocation Dispute - Section 44 / Section 47 Pathway

Family Law/3s/National

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Guardianship Dispute - Section 46R / Section 44 Pathway

Family Law/3s/National

Personal Grievance for Unjustified Dismissal (Applicant)

Employment Law/7s/National

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Contractor Status Challenge

Employment Law/3s/National

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Interim Reinstatement Application

Employment Law/3s/National

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90-Day Trial Period Dispute

Employment Law/3s/National

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High-Income Threshold Dispute

Employment Law/3s/National

Personal Insolvency (Debtor)

Bankruptcy & Insolvency/5s/National

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No Asset Procedure (NAP)

Bankruptcy & Insolvency/3s/National

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Part 5 Proposal

Bankruptcy & Insolvency/3s/National

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Debt Repayment Order (DRO)

Bankruptcy & Insolvency/3s/National

Probate Administration (Executor)

Wills and Estates/5s/National

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Letters of Administration with the Will Annexed Pathway

Wills and Estates/3s/National

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Letters of Administration on Intestacy Pathway

Wills and Estates/3s/National

Protection Order Application (Applicant)

Family Law/6s/National

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On Notice Application

Family Law/5s/National

Relationship Property Claim Against Trust Assets - s 44C Applicant

Family Law/6s/National

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Trustee Respondent - Defending Trust Assets Against Division

Family Law/4s/National

Relationship Property Division (Applicant)

Family Law/7s/National

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Set Aside Separation Agreement - Section 21J Pathway

Family Law/3s/National

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Leave Application Out of Time - Section 24(2) Pathway

Family Law/3s/National

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Short Duration Relationship - Section 14A Pathway

Family Law/3s/National

Relief Against Cancellation of Commercial Lease - Tenant (s 253 PLA 2007)

Property Disputes/6s/National

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Landlord - Enforcing Lease Cancellation and Opposing Relief Application

Property Disputes/5s/National

Residential Property Purchase (Buyer)

Real Estate/5s/National

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Unit Title Property Pathway

Real Estate/3s/National

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OIO Consent Pathway

Real Estate/3s/National

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Vendor Default - Settlement Notice Procedure

Real Estate/3s/National

Residential Property Sale (Vendor)

Real Estate/5s/National

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Unit Title Property Pathway

Real Estate/3s/National

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Purchaser Default - Settlement Notice Procedure

Real Estate/3s/National

Solvent Voluntary Liquidation (Director)

Bankruptcy & Insolvency/5s/National

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Defending Court-Ordered Liquidation Application

Bankruptcy & Insolvency/5s/National

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Insolvent Voluntary Liquidation (s 241(2)(a))

Bankruptcy & Insolvency/4s/National

Summary Offence - Criminal (Defendant)

Criminal Law/5s/National

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Defended Trial Pathway

Criminal Law/3s/National

Tenancy Dispute (Landlord)

Property Disputes/7s/National

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Fixed-Term Tenancy Expiry and Hardship

Property Disputes/3s/National

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Repeated Breaches - Late Rent and Anti-Social Behaviour

Property Disputes/3s/National

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Urgent Hearing - Extreme Hardship / Contamination / Assault

Property Disputes/3s/National

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Periodic Tenancy - No-Cause and Specific-Grounds Notices

Property Disputes/4s/National

Tenancy Dispute (Tenant)

Property Disputes/8s/National

Wage and Holiday Pay Recovery (Applicant)

Employment Law/8s/National

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Insolvent Employer - Director Liability (s 77A)

Employment Law/4s/National

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Employment Court Challenge (s 179)

Employment Law/4s/National

Relationship Property Claim Against Trust Assets - s 44C Applicant

Legal Project Management Plan & Checklist

Implemented24 June 2026|Last updated14 Oct 2026|Practitioner-reviewed

Claim trust assets as relationship property in New Zealand using PRA ss 44 and 44C compensation orders where a partner transferred assets into a trust.

Can trust assets be claimed as relationship property in New Zealand?: Yes. Under [Clayton v Clayton [2016] NZSC 29](https://www.courtsofnz.govt.nz/), a discretionary trust can hold relationship property where the settlor spouse retains effective control - for example, a power of resettlement that gives practical dominion over trust assets. Where trust assets qualify as relationship property, the applicant may seek a compensation order under s 44C of the Property (Relationships) Act 1976. The court awards compensation from the trust estate equal to the share the applicant would have received but for the disposition. Clayton remains the leading authority and no trust analysis is adequate without applying it.

What is the difference between a Section 44 and Section 44C PRA claim?: Section 44 allows the court to set aside a disposition of relationship property made with intent to defeat the other partner's rights; the transfer is unwound. Section 44 sets no time limit on when the disposition was made. Section 44C is broader: it applies where relationship property has been disposed of to a trust since the relationship began and the disposition has the effect of defeating the claim or rights of one of the partners, without needing to prove intent (s 44C(1)). Rather than setting aside the disposition, s 44C lets the court order the other partner to pay a sum of money or transfer property, or order the trustees to pay the whole or part of the income of the trust (s 44C(2)); s 44C(3) restricts when the income order can be made. Practitioners must identify which remedy - or both - applies on the facts.

Derivative Plans (1)

Trustee Respondent - Defending Trust Assets Against Division

Specialised Fork

NZ trustees joined as respondents to a PRA s 44C trust asset claim must get independent legal advice and defend the trust estate.

  1. Stage 1: Stage 1: Intake, Conflict Check and Trust Identification (4 tasks)
  2. Stage 2: Stage 2: Trust Analysis and Clayton Assessment (3 tasks)
  3. Stage 3: Stage 3: Joining Trustees and Filing the Application (2 tasks)
  4. Stage 4: Stage 4: Discovery and Interim Orders (3 tasks)
  5. Stage 5: Stage 5: Valuation and Hearing Preparation (5 tasks)
  6. Stage 6: Stage 6: Hearing and Compensation Order (4 tasks)

Key Dates

Hearing Date5 tasks require this
Filing Date2 tasks require this
Date of Separation1 task requires this
Disposition Date1 task requires this
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Jurisdiction: Family Court of New Zealand for compensation orders under s 44C. High Court of New Zealand where the matter is legally complex, where trust assets exceed the Family Court's practical capacity, or where a parallel setting-aside order under s 44 and trust law remedies are sought concurrently.

The Process at a Glance: The matter opens with a conflict check that must include all trustees, followed by a client interview to identify every trust in which the partner holds an interest. Trust deeds and financial accounts are obtained under the mandatory disclosure regime in the Trusts Act 2019. The Clayton analysis is applied to each trust to determine whether assets are relationship property. Where the threshold is met, an initiating application is filed in the Family Court, trustees are joined as respondents, and interim injunctive orders are sought to prevent asset dissipation. Discovery is directed at the trustees as well as the partner. Expert valuation evidence is obtained for all qualifying trust assets, valued at the hearing date. Counsel attend a judicial settlement conference and, if unresolved, a substantive hearing. If successful, a compensation order is entered against the trust estate and enforced.

Key Legislation and Case Law: Property (Relationships) Act 1976 - s 44 (setting aside dispositions made in order to defeat a claim; the section has no time window); s 44C (compensation orders where property disposed of to a trust, no intent requirement); s 2G (valuation at hearing date). Trusts Act 2019 - mandatory trustee disclosure; 125-year maximum duration. Key cases: [Clayton v Clayton [2016] NZSC 29](https://www.courtsofnz.govt.nz/) - leading Supreme Court authority on trust effective control; [Ward v Ward [2009] NZCA 139](https://www.courtsofnz.govt.nz/) - s 44C compensation methodology. Ministry of Justice: Family Court.

Further Reading

PRA s44/44C Trust Clawback Explained - 11 min

* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Relationship Property Claim Against Trust Assets - s 44C Applicant matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.

This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.

Family LawLitigationApplicant NZ
0
Stages
6
Tasks
21
Effort
209u
Key Dates
4
PMS Fields
160
Part of the OMPN Field StandardRelationship Property Claim Against Trust Assets - s 44C Applicant - Fields (55d8f770) - 160 matter.* fields (resolved with provenance)
FieldTokenTypeRequiredDefined in
Matter(4)
Matter numberⓘmatter.matterNumbertextRequiredinheritedmatter-core
Matter titlematter.titletext-inheritedmatter-core
Matter typeⓘmatter.matterTypetext-inheritedmatter-core
Matter statusmatter.statustext-inheritedmatter-core
Client(1)
Client namematter.clientNametextRequiredinheritedmatter-core
01
Stage 01

Stage 1: Intake, Conflict Check and Trust Identification

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01

Identify All Trusts in Which Respondent Holds an Interest

High
Lawyer 8u (48m) T+3D
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02

Perform Conflict Search Including All Trustees

Critical
Paralegal 3u (18m) T+0D
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03

Conduct Initial Client Interview and Relationship History

High
Lawyer 12u (72m) T+0D
02
Stage 02

Stage 2: Trust Analysis and Clayton Assessment

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01

Assess s 44 vs s 44C Remedy and Identify Applicable Disposition Dates

Critical
Lawyer 8u (48m) Disposition Date +18D
03
Stage 03

Stage 3: Joining Trustees and Filing the Application

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01

File PRA Application and Join Trustees as Respondents

Critical
Lawyer 14u (84m) Filing Date +25D
04
Stage 04

Stage 4: Discovery and Interim Orders

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01

Apply for Interim Injunction to Prevent Trust Asset Dissipation

High
Lawyer 10u (60m) T+30D
05
Stage 05

Stage 5: Valuation and Hearing Preparation

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01

Attend Case Management Conference

High
Lawyer 8u (48m) Hearing Date +90D
06
Stage 06

Stage 6: Hearing and Compensation Order

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01

Attend Substantive Hearing

Critical
Lawyer 24u (144m) Hearing Date +155D

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02

Obtain and Review Trust Deeds and Financial Accounts

Critical
Lawyer 10u (60m) T+7D
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03

Apply the Clayton v Clayton Test to Each Trust

Critical
Lawyer 12u (72m) T+14D
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02

Serve Application on Partner and All Trustee Respondents

High
Paralegal 6u (36m) Filing Date +28D
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02

Issue Discovery Requests Directed at Trustees

High
Lawyer 10u (60m) T+40D
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03

Audit and Analyse Discovery Documents from Trustees

High
Lawyer 16u (96m) T+65D
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02

Update Expert Valuations to Hearing Date

High
Paralegal 6u (36m) Hearing Date +120D
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03

Prepare Hearing Bundle, Submissions, and Opening

High
Lawyer 20u (120m) Hearing Date +140D
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02

Obtain and Seal Compensation Order

High
Paralegal 6u (36m) T+175D
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03

Monitor and Enforce the Compensation Order

High
Lawyer 8u (48m) T+200D

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