Asian Parties and the Property (Relationships) Act 1976
Unique Challenges and Issues
DOI:
https://doi.org/10.14296/ac.v7i2.5882Abstract
This article analyses the unique challenges and issues Asian parties experience under the Property (Relationships) Act 1976 (PRA) in New Zealand. Drawing on demographic data, case law, and interviews with expert and experienced practitioners in property relationship issues, the article highlights how cultural practices, language barriers, and differing understandings of legal norms complicate relationship property disputes in court. Issues include the treatment of family transfers—whether a transfer is a gift or a loan, interpretation and translation of evidence, discovery and disclosure, limited documentation and lack of expert cultural and language evidence. The analysis emphasizes the need for cultural competence within the Family Court, when cultural issues may be relevant to adjudicative issues, and recommends changes to ensure equal access to justice as the PRA enters its 50th year.
Keywords: Property (Relationships) Act; Asian parties; filial piety; cultural competence; family transfers; loans; gifts; language barriers; access to justice; superdiversity; contracting-out and compromise agreements; interpretation and translation; intergenerational support.
Downloads
Downloads
Published
Issue
Section
License
Those who contribute items to Amicus Curiae retain author copyright in their work but are asked to grant two licences. One is a licence to the Institute of Advanced Legal Studies, School of Advanced Study, University of London, enabling us to reproduce the item in digital form, so that it can be made available for access online in the open journal system, repository, and website. The terms of the licence which you are asked to grant to the University for this purpose are as follows:
'I grant to the University of London the irrevocable, non-exclusive royalty-free right to reproduce, distribute, display, and perform this work in any format including electronic formats throughout the world for educational, research, and scientific non-profit uses during the full term of copyright including renewals and extensions'.
The other licence is for the benefit of those who wish to make use of items published online in Amicus Curiae and stored in the e-repository. For this purpose we use a Creative Commons licence (http://www.creativecommons.org.uk/); which allows others to download your works and share them with others as long as they mention you and link back to your entry in Amicus Curiae and/or SAS-SPACE; but they can't change them in any way or use them commercially.
