Logo image
Relationship property in Aotearoa: Putting discretion back on the table
Graduate Thesis/Dissertation   Open access

Relationship property in Aotearoa: Putting discretion back on the table

Charlotte Rose McColl
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2022
Handle:
https://hdl.handle.net/10523/47166
Appears in  Dissertations

Abstract

New Zealand Law Property (Relationships) Act 1976 property law family law property division following relationship breakdown Otago Yearbook of Legal Research
The art of law-making is always a balancing act, with the law maker tasked with the unenviable job of managing tensions to create legislation that is acceptable to the masses. There is no perfect balance and no way to please everyone, but the hope is that we will always be working towards doing the greatest amount of justice possible. The predicament faced by legislators is illustrated clearly in the Property (Relationships) Act 1976 (PRA), which is the primary statute dealing with property division following relationship breakdown in Aotearoa. Here the areas of property law and family law come directly into contention. Separation is a difficult time for all those involved, and while most people would like to believe that they will not have to interact with the law in this area, the unfortunate reality is that many people will come into contact with it in their lifetime. It is highly important that the law is correctly balanced and provides for fair outcomes for all. We must therefore be constantly turning our minds to consider whether the balance struck in the Act is the right one.
pdf
Charlotte McColl Dissertation556.40 kBDownloadView

Metrics

156 File views/ downloads
45 Record Views

Details

Logo image