scholarly journals The Cook Islands, Niue and Tokelau as Parts of the Realm of New Zealand

2021 ◽  
Vol 52 (3) ◽  
pp. 579-606
Author(s):  
Alison Quentin-Baxter
Keyword(s):  
New Zealand ◽  
Cook Islands ◽  
Constitutional Monarchy

The focus of This Realm of New Zealand by Alison Quentin-Baxter and Janet McLean was on the constitutional monarchy and its relationship with the laws of mainland New Zealand. This article complements This Realm of New Zealand by focusing on the constitutional monarchy and its relationship with other countries of the Realm of New Zealand – the Cook Islands, Niue and Tokelau.

scholarly journals The Illusory Trust Doctrine: Formal or Substantive?

2020 ◽  
Vol 51 (2) ◽  
pp. 193
Author(s):  
Mark Bennett
Keyword(s):  
New Zealand ◽  
Privy Council ◽  
Cook Islands ◽  
Trust Law ◽  
Court Of Appeal

"A document is put before us. Does it or does it not create a trust?" This article considers the illusory trust doctrine (ITD) and claims that although the ITD has been criticised as doctrinally unfounded and therefore based in substantive, non-legal reasons rather than pre-existing law, there are formal reasons of trusts law to support it. It begins by considering Atiyah and Summers' concepts of form and substance, and then examines how they apply in the context of equity (in general), and then trusts law (in particular). It then briefly considers a number of recent decisions on the ITD: the four cases constituting the Clayton v Clayton litigation in New Zealand, Pugachev and the Cook Islands Court of Appeal and Privy Council decisions in Webb v Webb. Finally, it analyses these ITD decisions using the form and substance distinction, concluding that it is arguable that the ITD is grounded in principles of established trust law, as opposed to purely substantive reasoning.

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