Nicola Peart

Faculty of Law, University of Otago

Prof Nicola Peart

PO Box 56

Dunedin North

Dunedin, Otago 9016

New Zealand

http://www.otago.ac.nz/law/staff/nicola_peart.html

SCHOLARLY PAPERS

45

DOWNLOADS

428

SSRN CITATIONS

3

CROSSREF CITATIONS

2

Scholarly Papers (45)

1.

Preimplantation Genetic Diagnosis: Testing the Legal Boundaries

GENES, SOCIETY AND THE FUTURE: Vol. I, Part 2, Human Genome Research Project, Dunedin, NZ, 2007
Number of pages: 120 Posted: 02 May 2011
Jeanne Snelling, Nicola Peart and Mark Henaghan
University of Otago, Faculty of Law, University of Otago and University of Otago
Downloads 138 (250,143)

Abstract:

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Law, Genetics, Ethics, Human Genome, Genes

2.

Dying With or Without a Will

Peart, NS, Dying with or without a will, in Kate Diesfeld and Ian McIntosh (eds) Elder Law in New Zealand, chapter 17, Wellington, Thomson Reuters, 2014.
Number of pages: 23 Posted: 06 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 32 (541,121)

Abstract:

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Property Law, Wills and Trusts Law, Mental Capacity

3.

Accident Compensation Entitlements Under The Property (Relationships) Act 1976

Otago Law Review, 15(1), 169-196, 2017
Number of pages: 27 Posted: 20 Nov 2018
Simon Connell and Nicola Peart
University of Otago - Faculty of Law and Faculty of Law, University of Otago
Downloads 29 (557,517)

Abstract:

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accident compensation, relationship property law, new zealand

4.

Intervention to Prevent Abuse of Trust Structures

New Zealand Law Review, pp 567-600 [2010]
Number of pages: 34 Posted: 07 Mar 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 23 (594,938)

Abstract:

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Trust Law, Property Law, Relationship Property

5.

The Scope of the Validation Power in the Wills Act 2007

Nicola Peart and Greg Kelly "The Scope of the Validation Power in the Wills Act 2007" (2013) 1 NZ L Rev 72.
Number of pages: 19 Posted: 22 Mar 2017
Nicola Peart and Greg Kelly
Faculty of Law, University of Otago and Greg Kelly Law
Downloads 21 (608,297)

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Wills Act 2007, Wills, Validation Power, New Zealand Law

6.

Awards for Children Under the Family Protection Act

Peart, NS, Awards for Children under the Family Protection Act, Butterworths Family Law Journal, 1, pp 224-227 (1995).
Number of pages: 4 Posted: 06 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 16 (642,557)

Abstract:

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Family law, Wills and estates law, New Zealand

7.

Death and Relationship Property: Public Trust v Whyman

Peart, NS, Death and relationship property: Public Trust v Whyman, New Zealand Law Journal pp 49-51 [2005]
Number of pages: 3 Posted: 26 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 16 (642,557)

Abstract:

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Property Law, Relationship Property, Public Trust v Whyman, New Zealand

8.

Occupation Orders Under the PRA

Peart, NS, Occupation orders under the PRA, New Zealand Law Journal pp 356-359 [2011]
Number of pages: 4 Posted: 26 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 14 (657,014)

Abstract:

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Property Law, Relationship Property, Family Law

9.

Trust Principles Overlooked

Palmer, J and Peart, Trust principles overlooked, New Zealand Law Journal pp 423-426 [2011].
Number of pages: 4 Posted: 24 Apr 2019
Jessica Palmer and Nicola Peart
University of Otago - Faculty of Law and Faculty of Law, University of Otago
Downloads 12 (671,883)

Abstract:

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Trusts law, Property law, Relationship property, New Zealand

10.

Health and Disability Research Ethics Committee in New Zealand: Will the Current System Prevent Another 'Unfortunate Experiment'?

Mark Henaghan and Jesse Wall (eds) Law, Ethics, and Medicine: Essays in Honour of Peter Skegg, chapter 9, Wellington, Thomson Reuters, 2016.
Number of pages: 32 Posted: 05 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 10 (686,724)

Abstract:

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Medical Law, Research Ethics, Health Law

11.

Children as Research Participants

Peart, N, Foley, M and Henaghan M, Children as research participants, in J Dawson and N Peart (editors) The Law of Research pp 270-284, Dunedin, University of Otago Press, (2003). ISBN: 978-1877276507
Number of pages: 16 Posted: 26 Apr 2019
Nicola Peart, Mary Foley and Mark Henaghan
Faculty of Law, University of Otago, affiliation not provided to SSRN and University of Otago
Downloads 10 (686,724)
Citation 1

Abstract:

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Rights of Children, Law of Research, Consent, Ethics

12.

Forced Heirship in New Zealand?

Peart, NS, Forced heirship in New Zealand?, Butterworths Family Law Journal , 2, pp 97-103 (1996).
Number of pages: 7 Posted: 06 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 9 (694,324)

Abstract:

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Wills and estates law, Testamentary freedom, Family law, New Zealand

13.

Protecting Children's Interests in Relationship Property Proceedings

Peart, NS, Protecting Children’s Interests in Relationship Property Proceedings, Otago Law Review 13(1), pp 27-55 [2013].
Number of pages: 30 Posted: 02 May 2019 Last Revised: 08 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 9 (694,324)

Abstract:

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Property Law, Relationship Property, Children's Interests, New Zealand

14.

Clayton v Clayton: A Step Too Far?

Palmer, J and Peart, NS, Clayton v Clayton: a step too far? New Zealand Family Law Journal 114 -119 [2015]
Number of pages: 7 Posted: 26 Apr 2019
Jessica Palmer and Nicola Peart
University of Otago - Faculty of Law and Faculty of Law, University of Otago
Downloads 9 (694,324)
Citation 1

Abstract:

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Clayton v Clayton, Property Law, Relationship Property

15.

Relationship Property on Death

Peart, NS, Relationship property on death, New Zealand Law Journal pp 269-271 [2004].
Number of pages: 3 Posted: 24 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 8 (701,854)

Abstract:

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Re Russell: Public Trust v Whyman, Property law, Relationship property, Intestate law

16.

Can Your Trust Be Trusted?

Peart, NS, Can Your Trust be Trusted?, Otago Law Review 12(1), pp 59-76 (2009).
Number of pages: 18 Posted: 01 May 2019 Last Revised: 08 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 6 (717,227)

Abstract:

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Property law, Trusts law, University of Otago

17.

De Facto Relationships (or Maybe Not) in New Zealand

Peart, NS, De facto Relationships (or Maybe Not) in New Zealand, International Family Law pp113-118 [2008]
Number of pages: 6 Posted: 26 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 6 (717,227)

Abstract:

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Property Law, Relationship Property, Marriage, New Zealand

18.

Withholding Treatment

Peart, NS, Withholding treatment, New Zealand Law Journal pp 117-120 [2014].
Number of pages: 4 Posted: 26 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 6 (717,227)

Abstract:

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Aintree University Hospitals NHS Foundation Trust v James, Mental Capacity, Health Law, New Zealand

19.

Life Beyond Death: Regulating Posthumous Reproduction in New Zealand

Victoria University of Wellington Law Review pp 725-754 [2015]
Number of pages: 30 Posted: 04 Mar 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 6 (717,227)

Abstract:

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Reproduction, Genetics, Reproductive Law, Law and Medicine

20.

Sharing the Increase in Value of Separate Property under the Property (Relationships) Act 1976: A conceptual conundrum

M Briggs and N Peart “Sharing the Increase in Value of Separate Property under the Property (Relationships) Act 1976: A conceptual conundrum” (2010) 24 New Zealand Universities Law Review pp 1-20.
Number of pages: 21 Posted: 13 Dec 2018
Margaret Briggs and Nicola Peart
University of Otago - Faculty of Law and Faculty of Law, University of Otago
Downloads 6 (717,227)

Abstract:

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Property Law, Property (Relationships) Act 1976, New Zealand

21.

The Legal Status of Life Before Birth

Peart, NS, The legal status of life before birth, in PDG Skegg and Ron Paterson (eds), Health Law in New Zealand, chapter 18, Wellington, Thomson Reuters, 2015.
Number of pages: 26 Posted: 02 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 5 (724,967)

Abstract:

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Bioethics, Genetics, Health Law, Life Before Birth

22.

Contracting Out of the PRA

Peart, NS, Contracting out of the PRA, New Zealand Law Journal pp 142-144 [2005].
Number of pages: 3 Posted: 24 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 5 (724,967)

Abstract:

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Harrison v Harrison, Property law, Relationship property, Family law, New Zealand

23.

A Comparative View of Property Rights in De Facto Relationships: Are We All Driving in the Same Direction?

Peart, NS, A comparative view of property rights in de facto relationships: are we all driving in the same direction? Otago Law Review, 7 (1) pp 100-140 (1989).
Number of pages: 41 Posted: 06 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 4 (732,862)

Abstract:

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Property law, Relationship property, Common law

24.

Re G: A Life Worth Living?

Peart, NZ and Gillett, G, Re G: A life worth living? Journal of Law and Medicine, 5 (3), pp 239-251 (1998).
Number of pages: 13 Posted: 20 Mar 2019
Nicola Peart and Grant Gillett
Faculty of Law, University of Otago and University of Otago Medical School - Otago Bioethics Centre & Department of Medical and Surgical Sciences
Downloads 4 (732,862)

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End-of-Life Decisions, Law and Medicine, Persistent Vegetative State, Ethics

25.

Compulsory Caesarian Section

Peart, NS, Compulsory Caesarian Section. New Zealand Law Journal, pp 397-398 (1998).
Number of pages: 2 Posted: 25 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 3 (741,313)

Abstract:

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Bioethics, Biology and the law, Patient autonomy, Medical treatment, Health law

26.

Relationship Property and Death

Patterson, WM and Peart, NS, Relationship property and death, New Zealand Law Journal pp 129-132 and 181-184 [2003].
Number of pages: 4 Posted: 24 Apr 2019
Bill Patterson and Nicola Peart
Minter Ellison Rudd Watts and Faculty of Law, University of Otago
Downloads 3 (741,313)

Abstract:

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Property law, Intestate law, New Zealand

27.

Testamentary Claims by Adult Children – The Agony of the ‘Wise and Just Testator’

Sutton, RJ and Peart, NS, Testamentary claims by adult children - The agony of the "wise and just testator", Otago Law Review 10(3), pp 385-411 [2003].
Number of pages: 26 Posted: 24 Apr 2019
Richard Sutton and Nicola Peart
affiliation not provided to SSRN and Faculty of Law, University of Otago
Downloads 3 (741,313)

Abstract:

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New Zealand, Intestate law, Property law

28.

The Property (Relationships) Amendment Act 2001: A Conceptual Change

Victoria University of Wellington Law Review 39(4), pp 813-830 [2008]
Number of pages: 18 Posted: 04 Mar 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 3 (741,313)

Abstract:

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Property Law, Relationship Property

29.

The Property (Relationships) Act 1976 and Trusts: Proposals for Reform

Victoria University of Wellington Law Review 47, pp 443-462 [2016]
Number of pages: 20 Posted: 04 Mar 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 3 (741,313)

Abstract:

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Trust Law, Property Law, Relationship Property

30.

Privacy and Access to Information

Mize, S, Dawson, J and Peart, N, Privacy and access to information, in J Dawson and N Peart (editors) The Law of Research pp 82-104, Dunedin, University of Otago Press, (2003).
Number of pages: 18 Posted: 02 May 2019
Selene Mize, John Dawson and Nicola Peart
University of Otago - Faculty of Law, University of Otago - Faculty of Law and Faculty of Law, University of Otago
Downloads 2 (751,408)

Abstract:

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Research Ethics, Privacy, New Zealand

31.

Trust Issues for Separating Elderly Spouses of Partners

Peart, NS, Trust Issues for Separating Elderly Spouses or Partners, in Kate Diesfeld and Ian McIntosh (eds) Elder Law in New Zealand, Chapter 17, Wellington, Thomson Reuters, 2014.
Number of pages: 18 Posted: 02 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 2 (751,408)

Abstract:

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Property Law, Relationship Property, Trusts Law

32.

Setting Nation v Nation

Peart, NS, Setting Nation v Nation, New Zealand Law Journal pp 30-33 [2005].
Number of pages: 4 Posted: 26 Apr 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 2 (751,408)

Abstract:

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Property Law, Relationship Property, Trust Law

33.

The Direction of the Family Protection Act 1955

Peart, NS, The direction of the Family Protection Act 1955, New Zealand Recent Law Review, pp 193-217 (1994).
Number of pages: 25 Posted: 07 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 1 (763,533)
Citation 1

Abstract:

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New Zealand Law Commission, Law of succession, Family Protection Act 1955, Family law, Property law

34.

Prevention and Termination of Life Before Birth

Peart, NS, Prevention and termination of life before birth, in PDG Skegg and Ron Paterson (eds), Health Law in New Zealand, chapter 19, Wellington, Thomson Reuters, 2015 (revised chapter).
Number of pages: 33 Posted: 06 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 1 (763,533)

Abstract:

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Bioethics, Contraception, Termination of Life Before Birth, Health Law, Consent

35.

Alternative Means of Reproduction

Peart, NS, Alternative means of reproduction, in PDG Skegg and Ron Paterson (eds), Health Law in New Zealand, chapter 17, Wellington, Thomson Reuters, 2015.
Number of pages: 45 Posted: 05 May 2019
Nicola Peart
Faculty of Law, University of Otago
Downloads 1 (763,533)

Abstract:

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Reproduction, Fertility Law, Law and Emerging Technologies, Health Law, New Zealand

36.

Injury Compensation for Participants in Clinical Trials

Peart, NS and Moore, A, Injury compensation for participants in clinical trials. Medical Law Review , 5, pp 1-21 (1997).
Posted: 06 May 2019
Andrew Moore and Nicola Peart
University of Otago - Department of Philosophy and Faculty of Law, University of Otago

Abstract:

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Health law, Law of research, Bioethics, New Zealand

37.

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

Henaghan M and Peart N, Relationship Property Appeals in the New Zealand Court of Appeal 1958-2008: The Elusiveness of Equality, in R Bigwood (ed) The Permanent New Zealand Court of Appeal, pp 99-149, Oxford, Hart Publishing (2009).
Posted: 16 Apr 2019
Nicola Peart and Mark Henaghan
Faculty of Law, University of Otago and University of Otago

Abstract:

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Property Law, Relationship Property, New Zealand, Court of Appeal

38.

Intestate Succession in Australia and New Zealand

Peart, NS and Vines P, Intestate Succession in Australia and New Zealand, in Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds), Comparative Succession Law, volume II: Intestate Succession, chapter 15, Oxford University Press (2015).
Posted: 16 Apr 2019
Prue E. Vines and Nicola Peart
University of New South Wales (UNSW) and Faculty of Law, University of Otago

Abstract:

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Succession Law, Property Law, Indigenous Peoples, Australia, New Zealand, Colonialism

39.

Family Finances on Death of a Spouse or Partner

Peart, NS, Family finances on death of a spouse or partner, in Palmer, J, Peart, NS, Briggs, M and Henaghan, M, (eds) Law and Policy in Modern Family Finance – Property Division in the 21st Century, Intersentia, Cambridge, 2017, pp 95-123.
Posted: 16 Apr 2019
Nicola Peart, Margaret Briggs and Mark Henaghan
Faculty of Law, University of Otago, University of Otago - Faculty of Law and University of Otago

Abstract:

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Succession Law, Property Law, Family Law, Relationship Property, New Zealand

40.

Children's Interests in Division of Property on Relationship Breakdown

Peart, NS, and Henaghan, RM, Children’s interests in division of property on relationship breakdown, in Palmer, J, Peart, NS, Briggs, M and Henaghan, M, (eds) Law and Policy in Modern Family Finance – Property Division in the 21st Century Chapter 4, Cambridge, Intersentia, 2017, pp 65-93.
Posted: 16 Apr 2019
Nicola Peart and Mark Henaghan
Faculty of Law, University of Otago and University of Otago

Abstract:

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Property Law, Family Law, Marriage, Children, Relationship Property, New Zealand

41.

Trusts and Relationship Property in New Zealand

Peart, NS, Henaghan, M and Kelly, G, Trusts and relationship property in New Zealand, Trusts and Trustees 17 (9), pp 866-882 (2011)
Posted: 08 Mar 2019 Last Revised: 12 Mar 2019
Nicola Peart, Mark Henaghan and Greg Kelly
Faculty of Law, University of Otago, University of Otago and Greg Kelly Law

Abstract:

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Trust law, Property law, Relationship property, New Zealand

42.

Towards a Concept of Family Property in New Zealand

Peart, NS, Towards a Concept of Family Property in New Zealand, International Journal of Law, Policy and the Family, 1 pp 105-133 (1996).
Posted: 04 Mar 2019
Nicola Peart
Faculty of Law, University of Otago

Abstract:

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property law, family property, private property

43.

Reforming the Forfeiture Rule: Comparing New Zealand, England and Australia

Peart, NZ, Reforming the Forfeiture Rule: Comparing New Zealand, England and Australia, Common Law World Review, 31(1) pp 1-34 [2002].
Posted: 04 Mar 2019
Nicola Peart
Faculty of Law, University of Otago

Abstract:

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Criminal law, unjust enrichment, New Zealand, England, Australia, killing, forfeiture rule

44.

New Zealand's Succession Law: Subverting Reasonable Expectations

Peart, NS, New Zealand's Succession Law - Subverting reasonable expectations" Common Law World Review 37(8), pp 356-379 [2008].
Posted: 04 Mar 2019
Nicola Peart
Faculty of Law, University of Otago

Abstract:

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succession, testamentary freedom, claims against estates, spouses and partners

45.

Will-Substitutes in New Zealand and Australia

in A Braun and A Röthel (eds), Passing Wealth on Death: Will-Substitutes in Comparative Perspective (Hart Publishing, Oxford, 2016), 107-130, UNSW Law Research Paper No. 2016-36
Posted: 01 Jul 2016
Prue E. Vines and Nicola Peart
University of New South Wales (UNSW) and Faculty of Law, University of Otago

Abstract:

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Australia, New Zealand, succession law, death duties, customary law, wills