Next of Kin in New Zealand Law: The Complete Guide

In New Zealand, 'next of kin' refers to the person's closest living relative or relatives who are legally entitled to inherit when someone dies without a will (intestate). Unlike some countries, New Zealand doesn't have a legal definition of next of kin for medical decisions or emergency contacts – it's primarily used in the context of intestacy law.

The Administration Act 1969 sets out the rules for determining who qualifies as next of kin and the order in which relatives can inherit. Importantly, these rules create a clear hierarchy of relatives, from closest to more distant.

Under New Zealand law, next of kin are ranked in the following order of priority:

1. Spouse or civil union partner or de facto partner – The deceased's husband, wife, civil union partner, or de facto partner (provided the relationship lasted at least 3 years) is first in line.
2. Children – This includes legally adopted children but not stepchildren unless they were legally adopted. If a child has already died but left descendants (the deceased's grandchildren), those descendants inherit their parent's share.
3. Parents – If there is no spouse/partner or children, the deceased's parents inherit.
4. Siblings – If there are no surviving spouse/partner, children, or parents, the deceased's brothers and sisters inherit. If a sibling has already died but left children (the deceased's nieces and nephews), those children inherit their parent's share.
5. Grandparents – If there are no surviving spouse/partner, children, parents, or siblings, the deceased's grandparents inherit.
6. Aunts and uncles – If there are no surviving relatives in the categories above, the deceased's aunts and uncles inherit.

If there are no relatives in any of these categories, the estate passes to the Crown under the "bona vacantia" principle (ownerless goods).

The share of the estate that each next of kin receives depends on which relatives survive the deceased. Here are the key rules:

If there is a spouse/partner and children:

The spouse/partner receives:

• All personal chattels (personal items like furniture, vehicles, jewelry, etc.)
• $155,000 (this figure is reviewed periodically)
• One-third of the remaining estate

The children share the remaining two-thirds of the estate equally.

If there is a spouse/partner and parents (but no children):

The spouse/partner receives:

• All personal chattels
• $155,000
• Two-thirds of the remaining estate

The parents share the remaining one-third of the estate.

If there is a spouse/partner only (no children or parents):

The spouse/partner receives the entire estate.

If there are children only (no spouse/partner):

The children share the entire estate equally. If a child has died but left children of their own, those grandchildren share what would have been their parent's share.

If there are only parents (no spouse/partner or children):

The parents share the entire estate equally.

For more distant relatives (siblings, grandparents, etc.), the rules become more complex, and we recommend consulting with a legal professional about the specific circumstances.

To establish yourself as next of kin, you'll need documentary evidence of your relationship to the deceased. This may include:

• Birth certificates – To prove parent-child relationships
• Marriage certificates or civil union documents – To prove spouse/civil union status
• Evidence of de facto relationship – For de facto partners, evidence such as joint bank accounts, shared property ownership, or statutory declarations from people familiar with the relationship
• Adoption papers – For adopted children
• Death certificates – For deceased intermediate relatives (e.g., if claiming through a parent who has also died)

When applying for Letters of Administration (the legal document that gives authority to administer an intestate estate), you'll need to provide this evidence to the High Court.