One factor considered was the age of the partners: 8 The older the owning partner was when the relationship began and ended, the greater the risk of injustice. [...] 10.6 The Law Society agrees with the list of property which is available to make awards, however, the proposal that “the intestacy provision should apply only to the distribution of the property of the estate” is not clear and needs further clarification. [...] 11.4 However, we also note that the use and occupation orders proposed will run the risk of delay in the distribution of an estate, impact other beneficiaries in the estate, and increase the likelihood of additional costs being incurred in relation to the administration of the estate. [...] 27 16.3 Professor Ruru has noted that: In the field of family law one of the challenges to the legal system and its practices is how to formulate and administer family law so that it guarantees all citizens equal consideration and respect for their cultural views and practices, given the special status of Māori people as signatories of the Treaty of Waitangi on the one hand, and the imbalance in a. [...] (c) The court should have the broad powers described in the summary and should be able to make orders in respect of property overseas, take into account the value of the overseas property, or order the transfer to the other party.
- Pages
- 29
- Published in
- New Zealand
