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Review of the Property (Relationships) Act 1976 : preferred approach Law Commission

Contributor(s): Law Commission | Te Aka Matua o Te Ture.
Material type: materialTypeLabelBookSeries: Law Commission Issues Paper | He Puka Kaupapa.Publisher: Wellington, New Zealand : Law Commission, 2018Description: electronic document (258 pages) ; PDF file.ISBN: 978-1-877569-86-9 (Online).Other title: Te Arotake i te Property (Relationships) Act 1976 : He Aronga i Mariu ai.Subject(s): CHILDREN | DOMESTIC VIOLENCE | FAMILIES | FAMILY LAW | FAMILY VIOLENCE | INTERPERSONAL RELATIONSHIPS | INTIMATE PARTNER VIOLENCE | LAW REFORM | LEGISLATION | MĀORI | MARRIAGE | PROPERTY (RELATIONSHIPS) ACT 1976 | NEW ZEALANDOnline resources: PRA preferred approach - IP44 | Dividing property - IP41 | Relationships and families - SP22 | Access the website Law Commission Issues Paper | He Puka Kaupapa, 44, 2018Summary: In this paper, the Law Commission presents a package of reforms that the Commission intends to recommend to the Government in 2019, subject to any feedback received. The Law Commission is open to altering the proposals if it is shown they will not work as intended or there is a better approach. Submissions open until 14 December 2018. This "preferred approach" follows feedback on the previous issues paper: "Dividing property - Time for Change? Te mātatoha rawa tokorau – Kua eke te wā?" (IP41) which was accompanied by study paper: "Relationships and Families in Contemporary New Zealand: He hononga tangata, he hononga whānau i Aotearoa o nāianei" (SP22). Background: This project, Review of the Property (Relationships) Act 1976, examines New Zealand’s relationship property legislation. When it was enacted, the Property (Relationships) Act 1976 was seen as a significant and long-awaited step in the development of relationship property law in New Zealand. It sets out the rules for how the property of two partners is divided when they separate or when one of them dies. Subsequently, a set of important amendments were made to the Act in 2001, including its extension to de facto relationships. The underpinning principle of the Act is that “relationship property” as defined by the Act should be divided equally between the two partners upon their separation. (From the website). More information about this project, including related publications can be found on the website - follow the link. Record #6064
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Law Commission Issues Paper | He Puka Kaupapa, 44, 2018

In this paper, the Law Commission presents a package of reforms that the Commission intends to recommend to the Government in 2019, subject to any feedback received. The Law Commission is open to altering the proposals if it is shown they will not work as intended or there is a better approach. Submissions open until 14 December 2018. This "preferred approach" follows feedback on the previous issues paper: "Dividing property - Time for Change? Te mātatoha rawa tokorau – Kua eke te wā?" (IP41) which was accompanied by study paper: "Relationships and Families in Contemporary New Zealand: He hononga tangata, he hononga whānau i Aotearoa o nāianei" (SP22).

Background: This project, Review of the Property (Relationships) Act 1976, examines New Zealand’s relationship property legislation. When it was enacted, the Property (Relationships) Act 1976 was seen as a significant and long-awaited step in the development of relationship property law in New Zealand. It sets out the rules for how the property of two partners is divided when they separate or when one of them dies. Subsequently, a set of important amendments were made to the Act in 2001, including its extension to de facto relationships. The underpinning principle of the Act is that “relationship property” as defined by the Act should be divided equally between the two partners upon their separation. (From the website). More information about this project, including related publications can be found on the website - follow the link. Record #6064