Relationship Property Appeals in the New Zealand Court of Appeal 1958-2008: The Elusiveness of Equality

This paper addresses the lack of equality in relationship property appeals in the New Zealand Court of Appeal. The authors consider the historical development of legislative and common law relationship property appeals in New Zealand and find that a consistent theme in both marital and non-marital relationships has been a reluctance to grasp the significance of non-financial contributions to a marriage or de facto relationship. The paper concludes that until the New Zealand Court of Appeal is fully able to comprehend those economics advantages for the principal earner and the economic disadvantages for the primary home-maker and child-carer, equality will remain elusive