Now showing items 21-40 of 741

  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • Aid in Dying in New Zealand: Recent Legal Developments 

    Geddis, Andrew; Gavaghan, Colin
    This article considers Lecretia Seales and her New Zealand High Court case to receive aid in dying. The author discusses the main issue in this case, specifically whether directly administering a lethal dose of medication ...
  • Capacity to Cohabit: Hoping ‘Everything Turns Out Well in the End’ PC v City of York 

    Wall, Jesse; Herring, Jonathan
    The Court of Appeal decision in PC v City of York illustrates the complexity inconsistency and limits of the Mental Capacity Act 2005 (MCA 2005) when applied to decisions about intimate relationships. In commenting on the ...
  • The Nature and Significance of the Right to Bodily Integrity 

    Wall, Jesse; Herring, Jonathan
    This article seeks to explain and explore the concept of bodily integrity. The concept is often elided with autonomy in the case law and the academic literature. It argues that bodily integrity is non-reducible to the ...
  • Review of the Book 'Stanley Fish on Philosophy, Politics and Law: How Fish works' 

    Wall, Jesse
    This article is a review of Michael Robertson’s book “Stanley Fish on Philosophy, Politics and Law: How Fish Works.” The author briefly considers Fish’s contributions to philosophy, politics and law, before discussing the ...
  • Feminist Judgment of Aotearoa New Zealand Te Rino: A Two-Stranded Rope 

    Toy-Cronin, Bridgette
    This article is a review of the book “Feminist Judgements of Aotearoa New Zealand Te Rino: A two-stranded rope,” a collection of New Zealand judgments re-written from a feminist perspective. The author concludes that this ...
  • Right Problem, Wrong Solution 

    Gavaghan, Colin
    In August 2005, the United Kingdom’s Human Fertilisation & Embryology Authority launched a public consultation, seeking views on the use of preimplantation genetic diagnosis to test for genes that would definitely or ...
  • Saviour Siblings: No Avoiding the Hard Questions 

    Gavaghan, Colin
    Michelle Taylor-Sands is skeptical of the sorts of reasons that have typically been advanced in support of creating saviour siblings. The precarious nature of such claims, Taylor-Sands maintains, provides a reason to be ...
  • Review of the Book: What's the Hurry? Urgency in the New Zealand Legislative Process 

    Wall, Jesse
    This article is a review of Claudia Geiringer, Polly Higbee and Elizabeth McLeay’s book “What’s the Hurry? Urgency in the New Zealand Legislative Process, 1987-2010.” The author provides an overview of the analysis contained ...
  • Lex Machina: Techno-Regulatory Mechanisms and 'Rules by Design' 

    Gavaghan, Colin
    The lure of technologies of perfect enforcement can be appealing to the public and irresistible to regulators. In this article, the author investigates both the phenomenon of ‘techno-regulation’, and the concerns it has ...
  • Prospective Overruling - It's About Time 

    Wall, Jesse
    This article explains how the common law operates to produce retrospective law and how this is in turn premised upon certain jurisprudential assumptions. The author begins by assessing the prospect that ‘prospective ...
  • Barbarians Within the Gates: Congressional Debates on Mormon Polygamy 

    Smith, Stephen
    In 1879, the Supreme Court of the United States delivered its judgment in Reynolds vs United States on the constitutionality of a federal anti-polygamy statute. The Reynolds decision brought to a halt the nearly three-decade ...
  • Reviving the Obligatory Abstention Rule in the UN Security Council: Reform from the Inside Out 

    Stephen, Smith
    The decision-making protocol for the United Nations (UN) Security Council follows the Charter of the United Nations, which states that decisions of the Council “shall be made by an affirmative vote of nine members including ...