As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

This chapter concerns the impact of trusts law and equitable principles and rules on a number of Māori related issues. In particular, the chapter focuses on the range of unique Māori land trusts that are growing in popularity as a management tool for Māori freehold land, and on the role of...

The Personal Property Security Act 1999 (the “PPSA”) implemented a number of key changes in New Zealand's law of personal property securities. One change was the introduction of an extensive definition of “security interest” that focuses upon the substance of the transaction rather than...

At common law a forged mortgage is ineffectual, even if the mortgagee acted in good faith throughout. In New Zealand mortgages of land can be registered and, upon registration, the mortgagee obtains a title to that mortgage that is indefeasible (i.e. immune from adverse claim). This article...

This article considers the interface between personal rights and proprietary rights. It critically examines a number of cases and academic writings that consider whether a mistaken payment should result in a personal right of recovery only (ie ability to sue the recipient) or justify the court...

There is a long and fascinating history to the changes brought about by the Property (Relationships) Act 1976. This article examines the history of these reforms by focusing on the policy context from the 1980s until today and looking at the fundamental forces driving policy change. This article...

This article questions the application of the change of position defence in the context of an ultra vires transaction similar to that encountered in Sinclair v Brougham. To modern eyes, Sinclair v Brougham is a ‘bewildering' authority but the author argues that the decision was the “just...

This article analyses the situation where a bank mistakenly makes a payment thereby appearing to pay a customer's debt. The Bank may have mistaken believed that there was sufficient funds in the customer's account or it may have overlooked a stop-payment instruction. Common law cases and...

This project was funded by the Building Research Association New Zealand (BRANZ) and the New Zealand Law Foundation. The authors consider what revisions could be made to the legal frameworks for the ownership and use of multi-dwelling units on a single piece of land. This research is important...

This article considers a recent New Zealand land law case of Jin v Knox Property Investment Ltd [2015] NZHC 2296, [2016] NZCA 565. The author notes that all of the numerous judges and counsel involved failed to consider the importance of the Land Transfer Act to the resolution of the dispute at...