dc.contributor.author | Liao, Zhixiong | en_NZ |
dc.date.accessioned | 2016-10-13T23:05:19Z | |
dc.date.available | 2015 | en_NZ |
dc.date.available | 2016-10-13T23:05:19Z | |
dc.date.issued | 2015 | en_NZ |
dc.identifier.citation | Liao, Z. (2015). Finding certainty in determining whether a ‘De Facto Relationship’ exists: An impossible task? Canterbury Law Review, 21, 112–124. | en |
dc.identifier.issn | 0112-0581 | en_NZ |
dc.identifier.uri | https://hdl.handle.net/10289/10685 | |
dc.description.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. | en_NZ |
dc.format.mimetype | application/pdf | |
dc.language.iso | en | |
dc.publisher | University of Canterbury | en_NZ |
dc.relation.uri | http://www.nzlii.org/nz/journals/CanterLawRw/ | |
dc.rights | This is an author’s accepted version of an article published in the journal: Canterbury Law Review. Used with permission. | |
dc.subject | De Facto Relationship | en_NZ |
dc.subject | Law | en_NZ |
dc.subject | New Zealand | en_NZ |
dc.title | Finding certainty in determining whether a "De Facto Relationship" exists: An impossible task? | en_NZ |
dc.type | Journal Article | |
dc.relation.isPartOf | Canterbury Law Review | en_NZ |
pubs.begin-page | 112 | |
pubs.elements-id | 142586 | |
pubs.end-page | 124 | |
pubs.publication-status | Published | en_NZ |
pubs.publisher-url | http://www.laws.canterbury.ac.nz/clr/clrindex.shtml | en_NZ |
pubs.volume | 21 | en_NZ |