Children and the Property (Relationships) Act 1976

Abstract

This dissertation considers whether the best interests of children are being sufficiently 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.