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Articles for the category "Property"

"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

In an overview of New Zealand Conflict of Laws, the authors draw attention to the fact that a mortgagee’s interest in land is classified as movable in New Zealand and not immovable (as in England).

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"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

In this overview of New Zealand Conflict of Laws, important statutory provisions and case law relating to succession and administration are discussed. Topics covered include validity of wills, the Family Protection Act 1955 and revocation of wills.

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"Jurisdiction in Cyberspace: The When and Where of On-line Contracts"

Justin Hogan-Doran, 2003

This article examines when and where on-line contracts are made in an attempt to define the place of contracting as one of the bases of jurisdiction in a number of Common Law systems, including New Zealand. Within this context the author considers the continued application of the postal acceptance rule to on-line contracts with reference to allocation of risk. The author argues for a conflict of laws meaning to be given to where a contract is made. In regard to jurisdictional bases, forum conveniens should be adopted as a basis of jurisdiction, instead of merely controlling the exercise of jurisdiction.

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"Lorentzen v Lydden: Dead and Buried?"

Elsabe Schoeman, 2004

In Peer International Corp v Termidor Music Publishers Ltd [2004] 2 WLR 849 the English Court of Appeal applied the lex situs rule to deny extraterritorial effect to a foreign governmental act (Cuban Law 860) in regard to (English-owned) copyright. Although this decision has effectively overruled Lorentzen v Lydden & Co Ltd [1942] 2 KB 202, the author points out that reference was made to the nature of the decree (confiscatory or not), which should not have been a relevant consideration on the facts of the case.

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"Matrimonial Property and the Conflict of Laws"

Campbell McLachlan, 1986

The author examines provisions in the Matrimonial Property Act 1976 applicable to conflicts issues upon dissolution of marriage through separation with specific reference to: the international diversity of matrimonial property regimes; the scope of the Act in relation to movable and foreign immovable property; the uncertainty pervading common law conflict rules and their potential applicability to property falling outside the scope of the Act; and ante-nuptial agreements. The article highlights the tension between domestic policies and foreign law in transnational matrimonial property disputes.

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"Retention of Title and the Trans-Tasman Supply of Goods"

Juliet Taylor, 2006

Against the background of an overview of retention of title regimes in Australia and New Zealand, the author explores conflict of laws issues in relation to trans-Tasman supply of goods. The article focuses on specific problems in this regard as a result of the divergence of the Australian and New Zealand regimes, as well as inadequately drafted conflict of laws provisions in the New Zealand Personal Property Securities Act 1999. The author emphasises the importance, also for Australian suppliers of goods to New Zealand buyers, of registering retention of title arrangements on the (New Zealand) Personal Properties Securities Register.

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"Stolen Property in the Conflict of Laws"

DW Rowe, 1980

In a discussion of the decision in Winkworth v Christie, Manson & Woods Ltd [1980] 1All ER 1121, the author questions the commitment of Anglo-Common law to the lex situs as the primary legal system governing transfer of movables and its effect on proprietary rights. In view of the different results that this may produce in relation to stolen goods, depending on whether the lex situs adheres to the nemo dat quod non habet principle or not, it is suggested that a distinction could be drawn, for instance, between consensual transactions (where the original owner is party to the transfer) and claims to over-reaching interests (where the original owner is not involved).

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"Wills of Netherlands Subjects in New Zealand"

Keith Matthews, 1975

The author alerts practitioners to the specific requirement of an “authentic deed” in respect of wills of Dutch immigrants dealing with Dutch property.

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"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1978

In this overview of New Zealand Conflict of Laws, important statutory provisions and case law relating to succession and administration are discussed. Topics covered include validity of wills, the Family Protection Act 1955 and revocation of wills.

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Private International Law – Litigating in the Trans-Tasman Context and Beyond

David Goddard and Campbell McLachlan, 2012

This New Zealand Law Society booklet provides a practical guide to private international law in New Zealand.

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"When in Rome (II): Jurisdiction, choice of law and foreign copyright infringement in New Zealand courts"

Adam Holden, 2016

The author advocates for reform of the New Zealand approach to cases involving foreign copyright infringement.

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A Casebook on the Conflict of Laws of New Zealand

PRH Webb and JLR Davis, 1970

Cases and materials on the New Zealand conflict of laws

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Conflict of Laws

BD Inglis, 1959

This textbook covers the main areas of conflict of laws.

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Conflict of Laws: The International Element in Commerce and Litigation

David Goddard, 1991

This New Zealand Law Society booklet provides a practical guide to private international law in New Zealand.

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Private International Law in New Zealand

David Goddard and Helen McQueen, 2001

This New Zealand Law Society booklet provides a practical guide to private international law in New Zealand.