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• 2. Introduction

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• Disclaimer

As part of its wider review of insolvency law, the Ministry of Economic Development commissioned a paper by David Brown, a Senior Lecturer in Law at Victoria University on voidable transactions provisions in New Zealand.¹⁹ That paper was circulated with a series of consultation questions written by the Ministry in a round of targeted consultation.

Both Mr Brown's paper and the submissions received on it indicated that there are significant problems with the current personal and corporate voidable transactions laws in New Zealand. This paper details these problems and states the Ministry's preferred option for amending the existing law to address the problems.

¹⁹"Voidable Transactions - A Report For The Ministry of Commerce" October 1999. Certain parts of this paper rely on and/or are borrowed from Mr Brown's paper. However, this is a Ministry paper, which does not in any way represent Mr Brown's views, and any errors are the Ministry's.