Section 342 — Property Law Act 2007: Relevant considerations
Text of the provision Official document
342 Relevant considerations A court considering whether to make an order under section 339(1) (and any related order under section 339(4)) must have regard to the following: (a) the extent of the share in the property of any co-owner by whom, or in respect of whose estate or interest, the application for the order is made: (b) the nature and location of the property: (c) the number of other co-owners and the extent of their shares: (d) the hardship that would be caused to the applicant by the refusal of the order, in comparison with the hardship that would be caused to any other person by the making of the order: (e) the value of any contribution made by any co-owner to the cost of improvements to, or the maintenance of, the property: (f) any other matters the court considers relevant. Compare: Partition Act 1539 , 31 Hen 8, c 1 (Imp); Partition Act 1540 , 32 Hen 8, c 32 (Imp); 1952 No 51 ss 140–143
Official source: legislation.govt.nz
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