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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2024-404-2970
[2025] NZHC 1677
UNDER the Family Proceedings Act 1980 BETWEEN
IAN MUIR HAIR
Appellant
AND
ANNA JENNIE COOK
Respondent
CIV-2024-404-3165 UNDER
the Family Proceedings Act 1980
BETWEEN
IAN MUIR HAIR
Appellant
AND
ANNA JENNIE COOK
Respondent
Hearing: 8 May 2025 Appearances:
G M Illingworth KC and RMN Marsich for appellant JWA Johnson and N G Lawrence for respondent
Date of judgment:
24 June 2025
JUDGMENT OF JAGOSE J
This judgment was delivered by me on 24 June 2025 at 3.00pm.
Pursuant to Rule 11.5 of the High Court Rules.
………………………… Registrar/Deputy Registrar
HAIR v COOK [2025] NZHC 1677 [24 June 2025]
[1] Ian Hair appeals each the 5 March 2024 decision of Judge S J Maude and the 19 September 2024 decision of Judge S M Morrison in the Family Court at North Shore,1 making consecutive interim maintenance orders under s 82 of the Family Proceedings Act 1980 (the 1980 Act) directing Mr Hair’s payment to Anna Cook of respectively $6,000 and $4,700 per week.
Background
[2] Ms Cook and Mr Hair separated in early August 2022 after a relationship of some 20 years. Their property primarily was held in the Hair Family Trust and the Muirian Trust, both settled by Mr Hair, from which disbursements had supported their relationship and of which Mr Hair and another are trustees of each. Ms Cook and Mr Hair are among the trusts’ discretionary beneficiaries.
[3] In addition to her claim for division of their property under the Property (Relationships) Act 1976 (the 1976 Act), in terms of s 64 of the 1980 Act, Ms Cook contends Mr Hair is liable to maintain her as necessary to meet her reasonable needs she cannot practically meet because of particular relevant circumstances: principally, her ability to become self-supporting in transition from the standard of living while they lived together. Section 64A requires each party to “assume responsibility, within a period of time that is reasonable in all the circumstances of the particular case, for meeting his or her own needs”, on expiry of which time “neither … is liable to maintain the other under s 64”, subject to the reasonableness of such maintenance having regard to their ages, the duration of their relationship and their ability to become self-supporting.
[4] On Ms Cook filing an application for a maintenance order, s 82 of the 1980 Act enabled a District Court Judge to make an order directing Mr Hair “to pay such periodical sum as the District Court Judge thinks reasonable towards [Ms Cook’s] future maintenance … until the final determination of the proceedings or until the order sooner ceases to be in force”. Section 82(4) provides such order…
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