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Preface

_THIS REPORT responds to a ministerial reference in the following terms:

The Commission shall consider and report on:

• whether taking subsequent law changes into account there remains a need for the continued existence of the Joint Family Homes Act 1964; and
• if there is a need for its continued existence, whether the Act should extend to de facto (including same-sex) relationships, and, if so, whether any other amendments are necessary to minimise the potential for misuse to defeat creditors.

The Law Commission published a discussion paper in August 2001 (NZLC PP44). The paper was mentioned reasonably prominently in the various legal periodicals and would, we are confident, have in that way been brought to the attention of all practising (including in-house) lawyers and judicial officers. Copies of the paper were sent to a number of chartered accountants specialising in insolvency and to the Ministry of Economic Development. There was also some coverage in the general media. Those who made submissions to the preliminary paper are listed in Appendix A to this report. The Law Commission believes that the small number of submissions reflects the fact that the Joint Family Homes Act has lost most of the commercial or social importance that it may once have had. The reasons for this decline are discussed in this report.

The Commissioner having the carriage of this project was DF Dugdale.