Trusts are very common in New Zealand, but they are increasingly detrimentally affecting the rights of creditors and spouses or partners when their relationship ends. This article examines the current statutory and common law remedies available to creditors and spouses or partners whose rights...

When the Matrimonial Property Act 1976 was introduced, Tony Angelo and Bill Atkin analysed the Act in conceptual terms and welcomed the change from a purely separate property regime to a community property system. It steered an acceptable middle course between competing demands. The Act operated...

Trusts often have the effect of undermining the social aims of the Property (Relationships) Act 1976. In the absence of legislative action, the courts have been sympathetic to a range of arguments aimed at accessing trust assets that would have been subject to division between the parties but...

This paper deals with the New Zealand developments in family property law during this century. When New Zealand was colonized in 1840 it inherited English common law, and with it the concept of private property. Towards the end of the last century private property rights were virtually absolute,...

In this Article, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not...

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...