NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B,
11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE
https://www.justice.govt.nz/family/about/restriction-on-publishing-judgments/
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2019-404-2511
[2020] NZHC 2854
UNDER: the Property (Relationships) Act 1976 BETWEEN
ELIZABETH HUBERTINA VAN DER
HOEVEN by her guardian ad litem Gregory William Feyen
Appellant
AND
JACOB VAN DER HOEVEN
Respondent
Hearing: 6 May 2020 Appearances:
J Connell and R Hallas for the Appellant R Holm for the Respondent by AVL
Judgment:
3 November 2020
JUDGMENT OF HINTON J
This judgment was delivered by me on 3 November 2020 at 4.30 pm pursuant to r 11.5 of the High Court Rules 2016
…………………………………………………………………… Registrar/Deputy Registrar
Solicitors/Counsel:
Connell & Connell, Auckland R A Holm, Barrister, Auckland
VAN DER HOEVEN v VAN DER HOEVEN [2020] NZHC 2854 [3 November 2020]
[1] This is an appeal against a decision of Judge B R Pidwell in the Family Court at Auckland dated 30 October 2019 regarding division of the property of Jacob (Jack) and Elizabeth van der Hoeven.1 The appeal is over whether a company shareholding is relationship or separate property under the Property (Relationships) Act 1976.2
[2] Jack and Elizabeth were in a relationship for 29 years. They started living together in mid-1988, married on 20 May 1989 and separated in October 2017. It was a second marriage for both of them. They each have adult children from their first marriages.
[3] Elizabeth filed this proceeding in May 2017 while still living in the family home. In September 2017, a psycho-geriatrician concluded that Elizabeth lacked capacity and her son, Mr Feyen, was appointed as her litigation guardian. Elizabeth has not herself participated in the proceeding since September 2017.
[4] Prior to their relationship, Jack had significant business and other assets, including a 50 per cent shareholding in a company called Castle Products Limited, a house at Bridge Avenue, Te Atatu South and a yacht. It seems Elizabeth had only a car and some cash. Jack and his business partner had formed Castle Products back in 1971.
[5] At the end of the relationship, there was no dispute that the parties’ mortgage- free family home at Mizpah Road, Waiake, household chattels and modest bank accounts were relationship property and to be divided equally. These totalled approximately $1,200,000 in value, such that each party’s share was about $600,000.
[6] The issues in dispute revolve around the status of a one-third shareholding in Heritage Investments Limited (HIL), a company formed during the relationship subsequent to the sale of Castle Products. The value of 100 per cent of the shares in HIL is accepted to be approximately $3,270,000 as at March 2019 and the value of the one-third shareholding at that date therefore $1,090,000, based on then net asset value.
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