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Review of the Property (Relationships) Act 1976 : Law CommissionTe Arotake i te Property (Relationships) Act 1976

Contributor(s): Law Commission | Te Aka Matua o Te Ture.
Material type: materialTypeLabelBookSeries: Law Commission Report | Pūrongo.Publisher: Wellington, New Zealand : Law Commission, 2018Description: electronic document (258 pages) ; PDF file.ISBN: 978-877569-93-7 (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 | SEPARATION | NEW ZEALANDOnline resources: Click here to access online | Media release | Access the website Law Commission Report | Pūrongo, 143, July 2019Summary: The Law Commission’s final report on its review of the Property (Relationships) Act 1976 was tabled in Parliament by the Justice Minister Andrew Little on 23 July 2019. The Property (Relationships) Act 1976 (PRA) sets out how relationship property should be divided when a relationship ends by separation or death. The report makes 140 recommendations and concludes that, while many of the existing rules within the Act are satisfactory, the Act is no longer fit for purpose, and recommends a new Act be introduced covering relationships ending by separation. The Law Commission did not consider relationships ending on death, and recommended that these should be dealt with separately. The Coalition Government will now give further consideration to the report’s recommendations and the wider impact of its proposals.(From the media release). In Law Commission's view, the PRA is no longer fit for purpose for 21st century New Zealand. The Law Commission recommends that the PRA is repealed and replaced with a new statute that applies to relationships that end on separation, entitled the Relationship Property Act (the new Act). The new Act should give effect to the recommendations for reform set out in this report and otherwise modernise and simplify the law. (From the Executive summary). 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 #6348
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Law Commission Report | Pūrongo, 143, July 2019

The Law Commission’s final report on its review of the Property (Relationships) Act 1976 was tabled in Parliament by the Justice Minister Andrew Little on 23 July 2019.

The Property (Relationships) Act 1976 (PRA) sets out how relationship property should be divided when a relationship ends by separation or death.

The report makes 140 recommendations and concludes that, while many of the existing rules within the Act are satisfactory, the Act is no longer fit for purpose, and recommends a new Act be introduced covering relationships ending by separation. The Law Commission did not consider relationships ending on death, and recommended that these should be dealt with separately.

The Coalition Government will now give further consideration to the report’s recommendations and the wider impact of its proposals.(From the media release).

In Law Commission's view, the PRA is no longer fit for purpose for 21st century New Zealand. The Law Commission recommends that the PRA is repealed and replaced with a new statute that applies to relationships that end on separation, entitled the Relationship Property Act (the new Act). The new Act should give effect to the recommendations for reform set out in this report and otherwise modernise and simplify the law. (From the Executive summary).

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 #6348