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Section 21 Agreements - not as easy as it looks - Online CPD

NZ $195.00
Jennie Hawker
Principal, Haigh Lyon,
Simon Jefferson KC
Barrister, Trinity Chambers,

Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $145 - NZLS members and Associate members
  • $195 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

Presentation time: 120 minutes

Section 21 agreements, whether to contract out or to settle disputes under the Act, continue to be commonplace. Often these Agreements require a substantial degree of input, knowledge and “crystal ball gazing” on the part of practitioners who want to ensure that the agreements withstand the test of time. This module is intended not only to update lawyers on the relevant case law but to also consider and address the issues we all encounter when drafting living agreements (s 21) and settlement agreements (s 21A).

This module will include:
  • Drafting guidance
  • The requirements and obligations of the certifying lawyer
  • The role of disclosure as part of the negotiating exercise, and
  • A discussion of relevant cases and issues that can arise.

Learning objectives

By completing this module you will:

  • Gain a better understanding of the complexities of contracting out agreements.
  • Be up to date on case law.

Electronic paper 

Authors: Jennie Hawker, Simon Jefferson KC
Published: 9 February 2023
Pages: 43


As the nature of family life changes, more and more people wish to enter into agreements contracting out of all or some of the equal sharing provisions of the Property (Relationships) Act 1976 (PRA). Socio-economic changes mean that more people will marry for a second time, parents are returning to the workforce after raising children, more men are becoming primary caregivers of children, and de facto, same sex, and even polyamorous relationships are increasingly common. There is no longer a traditional norm, and a one size fits all regime is no longer appropriate. As such the contracting out provisions of the PRA have become more relevant for more people.

PowerPoint Presentation

These are the slides included in the presentation.

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