Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Law Commission recommends new law for dividing property

23 JULY 2019

Law Commission recommends new law for dividing property on separation

The current law for dividing property on separation is out of date and in need of reform, the Law Commission concludes in its report, Review of the Property (Relationships) Act 1976 – Te Arotake i te Property (Relationships) Act 1976, tabled in Parliament today.

The Law Commission recommends a range of changes to make the law fairer for partners dividing property on separation.

The Report concludes a three year, first principles review of the law about dividing property on separation, which is set out in the Property (Relationships) Act 1976.

Helen McQueen, Deputy President and lead Commissioner on the review, said:

"New Zealand has undergone a significant period of social change since the Property (Relationships) Act 1976 was passed.
"It is important that the law keeps pace with social change and reflects the reasonable expectations of New Zealanders. In our view, the law for dividing property on separation is no longer fit for purpose in 21st century New Zealand.
"We think that some of the fundamental concepts of the law remain appropriate, such as the general rule of equal sharing and its application to marriages, civil unions and de facto relationships that last for three years or more.
"But we recommend other significant changes that will affect what property is shared. These recommendations are designed to make the law more responsive to the wide range of different family situations that exist today."

The Commission's Report presents a package of reforms. The key recommendations include:

• Changing how the family home is shared. If the family home was owned by one partner before the relationship began or was received as a gift or inheritance, only the increase in the value of the home during the relationship should be shared.

• Giving a court greater powers to divide trust property. These powers should apply when a trust holds property that was produced, preserved or enhanced by the relationship.

• Introducing Family Income Sharing Arrangements or FISAs, which would require some partners to share income for a limited period following separation in order to ensure the economic advantages and disadvantages from a relationship are shared more fairly.

• Giving children's best interests greater priority in relationship property matters. This should include greater rights to occupy the family home in the period immediately following separation.

• Improving the way relationship property matters are resolved in practice to address behaviour that causes delay and increases costs.

These recommendations have been informed by the Law Commission's consultation with the public and experts, together with survey evidence of public attitudes and values about property division on separation.

Background:

The Law Commission is an Independent Crown Entity operating under its own statute, the Law Commission Act 1985. It reports to the Minister responsible for the Law Commission. The Commission's statutory purpose is to "promote the systematic review, reform and development of the law of New Zealand". The Law Commission receives its work programme for reform and development work as references from the responsible Minister under section 7 of the Law Commission Act and from Parliament.

More information can be found at https://www.lawcom.govt.nz

ends


© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Changes Hitting The Economy, Work, And The Benefit System

The economy may be falling like a rock but it hasn’t hit the bottom of the well yet, here or anywhere else. Time is so stretched – early March feels like a distant country – that planning rationally for what the economy might look like in two, three, six months or a year feels more like an exercise in science fantasy. Treasury projections have never been particularly reliable (too rosy by far, usually) but they’re what we’ve got right now. In the foreseeable… will unemployment really be in double figures and/or up to one third of the entire work force? Yes, quite possibly... More>>

 
 

Government: Seeking Infrastructure Projects


The Government has tasked a group of industry leaders to seek out infrastructure projects that are ready to start as soon as the construction industry returns to normal to reduce the economic impact of the COVID-19 pandemic, Economic Development Minister Phil Twyford and Infrastructure Minister Shane Jones say...More>>

ALSO:


Police Commissioner: Christchurch Terrorist Pleads Guilty

Police acknowledge the guilty pleas in the Christchurch Mosque attacks prosecution that were entered in the Christchurch High Court today. The guilty pleas to 51 charges of murder, 40 charges of attempted murder and one charge of engaging in a terrorist ... More>>

ALSO:

Transport: $54 billion Investment In Draft GPS 2021

The Draft Government Policy Statement (GPS) 2021 on land transport confirms that the Government will invest a record $54 billion in its balanced transport policy over the next decade. More>>

ALSO:

Gordon Campbell: On The Loss Of Abortion Safe Zones

No doubt, last night’s defeat of abortion law reform provisions that would have created safe zones around abortion clinics will be portrayed, by some, as a victory for free speech. It isn’t. It was a victory for bigotry and intimidation directed ... More>>

ALSO:

Gordon Campbell: On National's Regulation Crusade

Lets step back in time now, to simpler days and to simple-minded solutions. So…. if National gets elected, landlords will once again be able to evict tenants at will, raise rents anytime they like, and ignore the need to install a healthy standard of heating in the homes they put out to rent. This promised ‘bonfire of regulations’ is being done in the name of cutting red tape... More>>

ALSO:

SMC - Expert Reaction: PF2050 Strategy

DOC has released a strategy to reach Predator Free 2050, along with an action plan through to 2025. The predator-free goal focuses on three groups of mammals: possums, three species of rats, plus stoats, ferrets and weasels... More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 


 

InfoPages News Channels