Stuff Digital Edition

Polyamorous trio ruled a family

Keryn Pivac Catrin Owen catrin.owen@stuff.co.nz

The Government is to buy the culturally significant Taipa Point Reserve in Doubtless Bay for its likely return to mana whenua, Ngāti Kahu, who have been occupying the site since October 19 when they learned it was up for sale.

Treaty of Waitangi Negotiations Minister Andrew Little and Māori Crown Relations: Te Arawhiti Minister and Te Tai Tokerau MP Kelvin Davis travelled to the Far North yesterday afternoon to make the announcement to Ngāti Kahu at the occupation site.

When Stuff spoke to Little ahead of his arrival, he said the Crown’s offer to purchase 55 Taipa Point Rd had been accepted.

‘‘It will be put in the land bank so that it is available on any redress that we reach with Ngāti Kahu.

‘‘Ngāti Kahu representatives outlined to me in a letter the great value and significance of this site which is said to be the place where Kupe first moored his canoe in Aotearoa.’’

The private owner had also expressed his preference that the land return to Māori ownership given its cultural significance, Little said.

‘‘These are some of the reasons that my Cabinet colleagues and I considered in our decision to purchase the land.

‘‘It is now up to the iwi to decide how they would like to engage with the Crown, whether that be through the Waitangi Tribunal or through direct negotiations.’’

The popular 7879 square metre coastal site is worth an estimated $1.4 million.

Yesterday morning the iwi unveiled seven pouwhenua at the site, originally known as Maheatai, to mark the historic day.

Reclamation leader and spokesman Wikatana Popata, who has been managing negotiations and the occupation site, including keeping visitors safe from Covid-19, was feeling grateful.

‘‘We are happy with the outcome here today and are thankful for everyone who has supported this journey, directly or indirectly.’’

But the work was not over.

A man and two women who were in a polyamorous relationship will have their battle over a $2 million property heard in the Family Court.

The Auckland trio lived at the property in Kumeū for 15 years.

After their relationship ended, they turned to the Family Court to determine how the property, which was jointly owned, should be divided.

However, the Family Court said it did not have the jurisdiction to determine the matter, as the Property (Relationships) Act did not apply to relationships of more than two people.

However, the Court of Appeal has now overturned that ruling.

It said the Family Court could determine claims regarding polyamorous relationships in the same way it determined claims from those who were married, in a civil union, or in a de facto relationship.

Lilach and Brett Paul married in February 1998. The following year, Lilach met Fiona Mead and in 2002, the three formed a polyamorous relationship.

In November of that year, the trio moved into a four-hectare property in Kumeū in Auckland’s northwest. The farm was purchased in Mead’s name for $533,000.

In 2017, it had a QV of $2.175 million. For the next 15 years, the trio lived together at the farm.

Throughout the relationship, Mead worked as a vet and Brett Paul established a paintball business on the property.

The Pauls also had a lawn mowing business.

Soon after the trio moved into the property, they had a ceremony where the Pauls gave a ring to Mead.

In November 2017, Lilach Paul separated from her husband and Mead, and the following year Brett Paul and Mead separated. Mead still lives at the

Kumeū property.

In February 2019, Lilach Paul applied to the Family Court seeking a one-third share in the property due to the trio’s ‘‘committed relationship’’.

Mead objected, saying the relationship had been between three people and did not qualify as a de facto relationship.

In the recently released judgment, the Court of Appeal said the word ‘‘couple’’ in the Property (Relationships) Act might be seen as conveying a ‘‘flavour of exclusivity’’.

But there were clear contextual indications in the law’s wording that it was possible for two people to live together as a married couple at the same time one of them was in another committed relationship, the judgment said.

The court ruled there may be multiple qualifying relationships between two people to which the Act could apply.

The Family Court could determine claims regarding polyamorous relationships.

Court of Appeal

National News

en-nz

2021-12-04T08:00:00.0000000Z

2021-12-04T08:00:00.0000000Z

https://fairfaxmedia.pressreader.com/article/281801402246562

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