Now showing items 1-20 of 37

  • Accident Compensation Entitlements Under The Property (Relationships) Act 1976 

    Connell, Simon; Peart, Nicola
    This article, co-authored 50/50 with Professor Nicola Peart, an expert in relationship property law, discusses how New Zealand’s law on the division of relationship property upon separation applies to entitlements received ...
  • Accident Compensation Entitlements Under The Property (Relationships) Act 1976 

    Peart, Nicola; Connell, Simon
    This article, co-authored 50/50 with Professor Nicola Peart, an expert in relationship property law, discusses how New Zealand’s law on the division of relationship property upon separation applies to entitlements received ...
  • Can Your Trust Be Trusted? 

    Peart, Nicola
    This paper is the transcript of the author’s Inaugural Professorial Lecture, delivered at the University of Otago on 23 October 2008. The author discusses and dispels myths and misconceptions about trusts and identifies ...
  • Children as Research Participants 

    Peart, Nicola; Foley, Mary; Henaghan, Mark
    Children have unique physical, psychological, mental and emotional characteristics which make them especially vulnerable. This paper considers the capacity for children to consent to participate in research, and the ...
  • Children's Interests in Division of Property on Relationship Breakdown 

    Peart, Nicola; Henaghan, M
    The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the ...
  • Clayton v Clayton: A Step Too Far? 

    Peart, Nicola; Palmer, Jessica
    This article considers the New Zealand Court of Appeal decision in Clayton v Clayton, which concerned a relationship property dispute involving assets held in trusts. The authors provide a brief discussion of the relationship ...
  • Compulsory Caesarian Section 

    Peart, Nicola
    This article discusses the English Court of Appeal case R v Collins, which set aside a High Court order that authorized a compulsory caesarian section on a pregnant woman against her express wishes. The author analyses the ...
  • Contracting Out of the PRA 

    Peart, Nicola
    This chapter analyses the right of spouses and de facto partners to contract out of the property sharing regime established by the Property (Relationships) Act 1976 (PRA) and focuses in particular on the changes introduced ...
  • Death and Relationship Property: Public Trust v Whyman 

    Peart, Nicola
    This article discusses the death provisions in the New Zealand Property (Relationships) Act 1976 (PRA) and their application in the New Zealand Court of Appeal decision in Public Trust v Whyman. The author argues that the ...
  • De Facto Relationships (or Maybe Not) in New Zealand 

    Peart, Nicola
    The New Zealand Property (Relationships) Amendment Act 2001 signified a radical shift in New Zealand relationship property law, by extending matrimonial property principles to de facto relationships. In this article, the ...
  • 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 ...
  • Intervention to Prevent Abuse of Trust Structures 

    Peart, Nicola
    Trusts are very common in New Zealand, but they are increasingly detrimentally affecting the rights of creditors and spouses or partners when their relationship ends. This article examines the current statutory and common ...
  • Intestate Succession in Australia and New Zealand 

    Peart, Nicola; Vines, Prue
    The rules of intestate succession in Australia and New Zealand have their origins in English law as a result of colonization. This article considers the historical development of intestate succession in Australia and New ...
  • The Legal Status of Life Before Birth 

    Peart, Nicola
    This paper discusses the changing legal status of various life forms before birth. The author begins by distinguishing between a living organism within a woman’s body (from conception to birth stored embryos and gametes) ...
  • Life Beyond Death: Regulating Posthumous Reproduction in New Zealand 

    Peart, Nicola
    This article argues that the current legal regulation of posthumous reproduction in New Zealand is deficient. Posthumous reproduction raises issues in relation to consent, the welfare and status of the child, and even such ...
  • New Zealand's Succession Law: Subverting Reasonable Expectations 

    Peart, Nicola
    Succession law in New Zealand has been widely criticised for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal ...
  • Occupation Orders Under the PRA 

    Peart, Nicola
    Section 27 of the New Zealand Property (Relationships) Act 1976 gives the Court power to make an occupation order in respect of the family home in favour of one spouse or partner to the exclusion of the other. Such orders ...
  • Preimplantation Genetic Diagnosis: Testing the Legal Boundaries 

    Henaghan, Mark; Peart, Nicola; Snelling, Jeanne
    Preimplantation genetic diagnosis (PGD) constitutes one of the most significant medical innovations of the last two decades in the area of assisted reproductive technology. The information derived from the genetic analysis ...
  • Privacy and Access to Information 

    Mize, Selene; Dawson, John; Peart, Nicola
    This paper provides an overview of New Zealand law concerning privacy and access to information research. The authors discuss the issues researchers most commonly confront, particularly matters of privacy when personal ...
  • The Property (Relationships) Act 1976 and Trusts: Proposals for Reform 

    Peart, Nicola
    Trusts often have the effect of undermining the social aims of the Property (Relationships) Act 1976. In the absence of legislative action, the courts have been sympathetic to a range of arguments aimed at accessing trust ...