Now showing items 1-20 of 27

  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 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 ...