Research Commons
      • Browse 
        • Communities & Collections
        • Titles
        • Authors
        • By Issue Date
        • Subjects
        • Types
        • Series
      • Help 
        • About
        • Collection Policy
        • OA Mandate Guidelines
        • Guidelines FAQ
        • Contact Us
      • My Account 
        • Sign In
        • Register
      View Item 
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      JavaScript is disabled for your browser. Some features of this site may not work without it.

      Finding certainty in determining whether a "De Facto Relationship" exists: An impossible task?

      Liao, Zhixiong
      Thumbnail
      Files
      Finding Certainty in Determining whether a de facto relationship exists - revised - proofread - finally accepted after revision (1).pdf
      Accepted version, 180.9Kb
      Link
       www.nzlii.org
      Find in your library  
      Citation
      Export citation
      Liao, Z. (2015). Finding certainty in determining whether a ‘De Facto Relationship’ exists: An impossible task? Canterbury Law Review, 21, 112–124.
      Permanent Research Commons link: https://hdl.handle.net/10289/10685
      Abstract
      Section 2D(1) of the Property (Relationships) Act 1976 defines a “de facto relationship” as “a relationship between 2 persons … who live together as a couple”. Although the Act does not define “living together as a couple”, section 2D(2) & (3) provides that “[i]n determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including … [a list of 9 matters]” and that none of these 9 matters is “to be regarded necessary” and “a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate … in the circumstances of the case” (emphases added). The seemingly unfettered discretion of the Court, delegated by section 2D, may be helpful in pursuing a fair and just outcome for each case, but it also raises a great concern as to uncertainty. This paper examines some relevant cases and argues that “mutual commitment to a shared life” should be at the core of section 2D and be the most important test, and by which certainty can be found to a large extent, in determining whether a de facto relationship exists. Accordingly, this paper recommends that amendments should be made to the legislation to aid the interpretation and application of section 2D.
      Date
      2015
      Type
      Journal Article
      Publisher
      University of Canterbury
      Rights
      This is an author’s accepted version of an article published in the journal: Canterbury Law Review. Used with permission.
      Collections
      • Law Papers [301]
      Show full item record  

      Usage

      Downloads, last 12 months
      75
       
       

      Usage Statistics

      For this itemFor all of Research Commons

      The University of Waikato - Te Whare Wānanga o WaikatoFeedback and RequestsCopyright and Legal Statement