Finding Solutions for the Legislative Gaps in Determining Rights to the Family Home on Colonially Defined Indigenous Lands

J Ruru, “Finding Solutions for the Legislative Gaps in Determining Rights to the Family Home on Colonially Defined Indigenous Lands” (2008) 41(2) U.B.C. Law Review 315-348.

34 Pages Posted: 7 Feb 2019

Date Written: 2008

Abstract

This article queries: what happens to the family home if the owner dies or the couple separate when it has been built on, in Canada, Indian reserve land, or in NZ on Māori freehold land? This is a critical issue where the general law of a 50/50 split does not apply to Indigenous tenure land. The author explores the Canadian proposed legislation and illustrate the need for NZ to develop its own legal answers.

Keywords: Property Law, Indigenous Peoples, Canada, New Zealand

JEL Classification: K00, K11

Suggested Citation

Ruru, Jacinta, Finding Solutions for the Legislative Gaps in Determining Rights to the Family Home on Colonially Defined Indigenous Lands (2008). J Ruru, “Finding Solutions for the Legislative Gaps in Determining Rights to the Family Home on Colonially Defined Indigenous Lands” (2008) 41(2) U.B.C. Law Review 315-348. , Available at SSRN: https://ssrn.com/abstract=3322057

Jacinta Ruru (Contact Author)

University of Otago ( email )

P.O. Box 56
Dunedin, Otago 9010
New Zealand

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