Abstract:
This dissertation considers whether the best interests of children are being stif.ficiently considered in
proceedings dealing with the division and determination of family property interests, after their parents'
relationship ends. The provisions of the Property (Relationships) Act 1976 are considered as they relate to
children against the backdrop of the United Nations Convention on the Rights of the Child ("the
Convention"), to which New Zealand is a signatory. The conclusion reached is that New Zealand is not
meeting its international obligations as a party to the Convention. A brief comparative study with Australia,
England and Scotland identifies similar deficits in those jurisdictions. This dissertation concludes with some
proposals for amendments to the current legislation that would satisfY New Zealand's obligations without
disturbing the presumption of equality between the adult parties to the relationship.
