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Articles for the keyword(s) "Domicile"

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

FM Auburn and PRH Webb, 1977

The aim of this contribution is to provide an outline of New Zealand conflict of laws with specific reference to distinguishing features. The main focus is on statutory jurisdiction in the areas of family law and succession, as well as jurisdiction in regard to immovable property and insolvency.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission's Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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"Annulment of Foreign Marriages and Recognition of Foreign Divorces"

BD Inglis, 1955

The author highlights anomalies that may ensue in regard to nullity suits if s 10B of the Divorce and Matrimonial Causes Act 1928 is regarded as an exhaustive code that excludes the common law, especially in regard to marriages where the parties were domiciled overseas at the time of marriage. In regard to s 12A, the author expresses serious concerns in regard to the recognition of a foreign divorce decree, based on the “deemed” domicile of the wife, which may be acquired after a very short period of residence.

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"Jurisdiction in Nullity"

A Hiller, 1963

These articles present an in-depth survey of English common law, statutory law and case law in regard to jurisdiction in nullity actions. In a brief note annexed to the articles, the author pleads for a restrictive interpretation of the relevant New Zealand statutory provisions so that the English common law rules pertaining to jurisdiction in nullity suits would still apply.

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"Reforming New Zealand’s Conflicts Process: The Case for Internationalisation"

Campbell McLachlan, 1984

This article calls for the adoption of an internationalist approach in developing the discipline of private international law in New Zealand. With reference to trans-national custody disputes and international child abduction, the author illustrates the need for internationally agreed solutions in order to secure conflicts justice for individuals caught up in trans-national family disputes. New Zealand should participate in the work of Hague Conference on Private International Law and contribute to the development of uniform private international law rules.

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"Reform in the Private International Law of Divorce: A Comparative Study of Two Recent Codes"

BD Inglis, 1958

This article presents an in-depth comparative analysis of two draft codes: the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) and the Draft Family Code (Israel). The author focuses on the comparative insights that may be gained from the Israeli Draft Code in regard to the concept of domicile, jurisdiction in divorce and nullity suits, as well as the recognition of foreign marriages and divorces.

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

FM Auburn and PRH Webb, 1978

The aim of this contribution is to provide an outline of New Zealand conflict of laws with specific reference to distinguishing features. The main focus is on statutory jurisdiction in the areas of family law and succession, as well as jurisdiction in regard to immovable property and insolvency.

^ Top of page

"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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“New Zealand Family Law and International Law – A Comment With Some Questions”

Kenneth J Keith, 2016

The author explores the importance of both private and public international law in New Zealand family law. The author begins by outlining the contexts in which private international law issues can arise, and how the conflict of laws has historically dealt with such cases. The author notes New Zealand’s membership of the Hague Conference on Private International Law and signing of Hague and non-Hague family law treaties, discussing the extent to which these treaties have been implemented in national law by Parliament and the courts. The author concludes by commenting on some family law conventions to which New Zealand is not a party, and signals future challenges for the relationship between family law and international law.

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“Conflict of Laws International Torts Cases: The Need for Reform on Both Sides of the Tasman”

Anthony Gray, 2006

The author argues that the double actionability rule, which has survived in New Zealand, is no longer best suited for choice of law in tort. Instead, the lex loci delicti should be the preferred rule supplemented by a flexible exception. The author undertakes an in-depth analysis of the North American jurisprudence in this area, focusing on the value of the distinction between conduct regulation and loss distribution. He concludes that Australia and New Zealand should adopt similar choice of law rules for torts.