Now showing items 1-11 of 11

  • The Conduct Requirement in the Law of Attempt: A New Zealand Perspective 

    Briggs, Margaret
    The law of attempt draws a line between non-criminal preparatory conduct and conduct that is sufficiently close to the substantive offence to attract criminal liability. To assist with the line-drawing exercise, the New ...
  • Family Finances on Death of a Spouse or Partner 

    Peart, Nicola; Briggs, Margaret; Henaghan, Mark
    On death there is an inevitable tension in succession law between property and family, between testamentary freedom and the deceased’s duty to provide for family members. This paper considers the relationship property ...
  • The Future of Registered Partnerships: New Zealand 

    Briggs, Margaret
    New Zealand law recognises three forms of adult relationships: marriage, registered partnership (referred to in New Zealand as ‘civil union’), and unregistered cohabitation (referred to in New Zealand as ‘de facto ...
  • Historical Analysis 

    Briggs, Margaret
    This chapter provides a brief account of the history of family property law in New Zealand from the nineteenth century to the present day, in the context of relationship property on death.
  • Marital Agreements and Private Autonomy in New Zealand 

    Briggs, Margaret
    In New Zealand, the property consequences of relationship breakdown are regulated by the Property (Relationships) Act 1976, a code that imposes a default property-sharing regime on married spouses, civil union partners and ...
  • Mistake of law 

    Briggs, Margaret
  • Relationship Property Issues for the Elderly 

    Briggs, Margaret
    This chapter explains when and how the Property (Relationships) Act 1976 (PRA) applies to couples when their marriage, civil union or de facto relationship ends in separation or death. The author outlines the key features ...
  • Relocating Officially Induced Error of Law: Fitting the Remedy to the Wrong 

    Briggs, Margaret
    The rule that ignorance or mistake of law is no excuse is one of the pillars of the criminal law. However, it can prove problematic in some cases including those where an individual commits an offence in reliance on incorrect ...
  • Rethinking Relationships 

    Briggs, Margaret
    The Property (Relationships) Act 1976 is generally regarded as progressive and inclusive. The Act applies an equal property sharing regime to married spouses, civil union partners and de facto partners. It does not, however, ...
  • 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 ...
  • Which Relationships Should be Included in a Property Sharing Scheme? 

    Briggs, Margaret
    This chapter considers different methods used to identify the relationships that qualify for relationship property sharing in Western jurisdictions. In particular, the chapter considers both the ‘formal’ approach premised ...