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1) DTA overrules domestic laws of either contracting nation 2) You are confusing the domicile test with the common law

No multiple main residence exemption overlap. If you elect property 1 as your main residence then the unit will not be exempt for the overlap. You will need to apportion exemptions for the unit. NZ eh ? So no capital gains tax there. Still need specific advice about the Australia-NZ...

Firstly ... this is complex and needs going over in detail with an $800 per hour international tax specialist. Here is a brief overview just on the facts given to illustrate why you need to see that specialist. I assume "bought with your partner" means both names on title as joint tenants...