Judicial Attitudes to Family Property

Abstract

In this article, Justice Hardie Boys explores a number of cases decided under the Matrimonial Property Act 1976, many of them at Court of Appeal level. These include cases on extraordinary circumstances, property located overseas, Maori land, and professional qualifications. He wonders whether a broader statement of principles from Parliament and broader discretion might not have done better justice. He also examines case law on de facto relationships and advances certain propositions as representing the position now reached by the courts.