Now showing items 21-37 of 37

  • The Property (Relationships) Amendment Act 2001: A Conceptual Change 

    Peart, Nicola
    When the Matrimonial Property Act 1976 was introduced, Tony Angelo and Bill Atkin analysed the Act in conceptual terms and welcomed the change from a purely separate property regime to a community property system. It steered ...
  • Protecting Children's Interests in Relationship Property Proceedings 

    Peart, Nicola
    The aim of this paper is to alert readers to the range of property interests that children may have in assets owned by the parties to a relationship and how they might be better protected. The author discusses the extent ...
  • Reforming the Forfeiture Rule: Comparing New Zealand, England and Australia 

    Peart, Nicola
    The proposition that a killer should not profit from the death of his or her victim started out as a principle, but rapidly turned into a rigid rule, known as the forfeiture rule. The courts have applied this rule rigidly ...
  • Relationship Property and Death 

    Peart, Nicola; Patterson, Bill
    This article explains the concepts applying to property transfer on death under the New Zealand Property (Relationships) Act 1976. The authors discuss the relevant provisions of the Act, along with the tensions underlying ...
  • Relationship Property Appeals in the New Zealand Court of Appeal 1958-2008: The Elusiveness of Equality 

    Peart, Nicola; Henaghan, M
    This paper addresses the lack of equality in relationship property appeals in the New Zealand Court of Appeal. The authors consider the historical development of legislative and common law relationship property appeals in ...
  • Relationship Property on Death 

    Peart, Nicola
    This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision ...
  • The Scope of the Validation Power in the Wills Act 2007 

    Peart, Nicola; Kelly, Greg
    When the new Wills Act was adopted in 2007 it made a number of changes to the law regulating wills. Probably the most radical change is the power in s 14 to validate wills that do not comply with the formal requirements ...
  • The Scope of the Validation Power in the Wills Act 2007 

    Peart, Nicola; Kelly, Greg
    When the new Wills Act was adopted in 2007 it made a number of changes to the law regulating wills. Probably the most radical change is the power in s 14 to validate wills that do not comply with the formal requirements ...
  • Setting Nation v Nation 

    Peart, Nicola
    In this article, the author reviews the first New Zealand Court of Appeal decision on the Property (Relationships) Act 1976: Nation v Nation. The article concludes that this decision should be welcomed particularly by ...
  • Sharing the Increase in Value of Separate Property under the Property (Relationships) Act 1976: A conceptual conundrum 

    Briggs, Margaret; Peart, Nicola
    In 2001 Parliament enacted some far-reaching amendments to the Property (Relationships) Act aimed at bolstering the equal sharing regime and removing obstacles to equality to secure an equitable outcome for spouses and ...
  • Testamentary Claims by Adult Children – The Agony of the ‘Wise and Just Testator’ 

    Peart, Nicola; Sutton, Richard
    The New Zealand Family Protection Act 1955 asks the courts to decide whether a will-maker has made “adequate provision…for the proper maintenance and support” of their adult child. The courts, applying these words, determine ...
  • Towards a Concept of Family Property in New Zealand 

    Peart, Nicola
    This paper deals with the New Zealand developments in family property law during this century. When New Zealand was colonized in 1840 it inherited English common law, and with it the concept of private property. Towards ...
  • Trust Issues for Separating Elderly Spouses of Partners 

    Peart, Nicola
    This paper addresses how the Property (Relationships) Act 1976 (PRA) may affect elderly people, particularly where the parties have assets from a prior relationship. The author considers what happens to their property if ...
  • Trust Principles Overlooked 

    Peart, Nicola; Palmer, Jessica
    Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within ...
  • Trusts and Relationship Property in New Zealand 

    Peart, Nicola; Henaghan, Mark; Kelly, Greg
    This article is an examination of the interaction between trusts and relationship property in New Zealand looking at key legislative provisions, sham and alter ego arguments, bundles of rights and the possible effects of ...
  • Will-Substitutes in New Zealand and Australia 

    Peart, Nicola; Vines, Prue E.
    Australia and New Zealand have some similarities in their succession law, including high rates of testation. Yet will-substitutes are used widely in both countries. These include joint tenancies, trusts and life insurance. ...
  • Withholding Treatment 

    Peart, Nicola
    This article considers the Supreme Court of the United Kingdom case Aintree University Hospitals NHS Foundation Trust v James, which was a judgment under the Mental Capacity Act 2005 in respect of a seriously ill man who ...