Madera v Lantano [2018] NZHC 1192 (25 May 2018)

Last Updated: 22 June 2018

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2018-409-000026 [2018] NZHC 1192

BETWEEN	JOHN VINCENT SOTOMIL MADERA First Plaintiff
AND	MA TERESA S MADERA Second Plaintiff
AND	RYAN LANTANO Defendant

Hearing:	On the papers
Counsel:	T Greenwood for the Plaintiffs R Burgess for the Defendant
Judgment:	25 May 2018

JUDGMENT OF NATION J

[1] Johnatan Manejar Madera was a Filipino national working on a dairy farm in Canterbury. He was tragically killed in a farm accident on 25 September 2016. His son and estranged wife in the Philippines ask to be granted letters of administration so they can deal with his estate. They also sought a declaration that the deceased’s domicile at the time of his death was the Philippines.

[2] Ryan Lantano filed a statement of defence to the application. He claims he was in a relationship with the deceased through which he has an entitlement to succeed either on an intestacy or to make an application for division of relationship property under the Property (Relationships) Act 1976. In his statement of defence, he sought a declaration that the deceased’s domicile at the time of his death was New Zealand and an order granting letters of administration.

MADERA v LANTANO [2018] NZHC 1192 [25 May 2018]

[3] At the time of his death, the deceased had an insurance policy with Partners Life Limited providing life cover by way of a lump sum payment of approximately of
$220,000. The estate has had debts of approximately $9,000. The insurance proceeds comprise most of the deceased’s estate.

[4] The inheritance of the insurance proceeds is governed by the law of the deceased’s domicile at the time of his death. Under the law of the Philippines, only the plaintiffs would be entitled to inherit from his estate. Under New Zealand law, Ryan Lantano would potentially have an entitlement under the Property (Relationships) Act or as his partner under the Administration Act 1969.

[5] Counsel filed a joint memorandum of 3 April 2018. All parties agree that letters of administration are to be granted to the plaintiffs. With their consent, an application without notice for letters of administration on intestacy may be made to the registrar with the defendant’s consent recorded on the documentation property. With that agreement, the parties’ respective claims for orders regarding the grant of letters of administration have been abandoned.

[6] Section 9 Domicile Act 1976 provides:

9 Acquisition of new domicile

A person acquires a new domicile in a country at a particular time if, immediately before that time,—

(a) he is not domiciled in that country; and

(b) he is capable of having an independent domicile; and

(c) he is in that country; and

(d) he intends to live indefinitely in that country.

[7] The affidavit evidence before the Court establishes that the deceased was born in the Philippines on 30 July 1966. He came to New Zealand from the Philippines in 2008 to work in the dairy industry.

[8] The deceased’s continuing and previous Philippines domicile was evidenced by his Republic of the Philippines certificate of live birth and his Filipino passport.
[9] Affidavits in support of Mr Lantano’s application for a declaration as to the deceased’s New Zealand domicile were sworn by Ryan Lantano and Earl John Magtibay. the Chairman of the Filipino Dairy Workers of New Zealand Organisation. Mr Magtibay had worked closely in that association with the deceased since 2011.

[10] The deceased had applied for a New Zealand residency visa at the beginning of September 2016. In his residence application, he said he saw this as starting the process of being a certified “kiwi”. He said in that application that Ryan Lantano was his partner. Ryan Lantano also works in the dairy industry in New Zealand and was intending to remain here at the time of the deceased’s death.

[11] The parties agree, and I am satisfied, that the evidence provided in the affidavits show that before coming to New Zealand, the deceased was domiciled in the Philippines, was capable of having an independent domicile, was at the time of his death in New Zealand and intended to live indefinitely in New Zealand.

[12] I accordingly make, by consent, a declaration that the deceased’s domicile at the time of his death was New Zealand.

[13] The parties have agreed that their respective legal costs should be a debt against the deceased’s estate. I make an order accordingly.

Solicitors:

Greenwood Law, Auckland

Lawhub Limited, Christchurch.