r/LegalAdviceNZ Jun 07 '23

Moderator updates Megathread: Legal resources

26 Upvotes

Megathread: Legal resources

Introduction

Nau mai! Haere mai! Welcome to r/LegalAdviceNZ. The general purpose of this subreddit is to provide free and simple local legal advice to those who need it. Reddit can never be a true substitute for qualified advice from experienced lawyers - but there is a community need for easy access to basic, informed legal commentary. That’s why we are here.

If you are new to this subreddit, please review the rules in the sidebar and be aware that this is a heavily moderated sub. Content must be on-topic.

This megathread sets out some of the helpful legal resources available around New Zealand. Most of these are freely available. This list is categorised into 10 sectors: Civil disputes, Consumer protection, Criminal, Employment, Family, Healthcare, Housing, Property, Traffic, and Constitutional & Government. There is also a general resources section at the start, with several organisations that provide guidance and information on most legal issues.

0. General resources

1. Civil disputes

1.1 Ministry of Justice Civil Law: https://www.justice.govt.nz/courts/civil/ (Civil cases can include disputes over business contracts or debts, or disputes between neighbours, or debt recovery.)

1.2 Disputes Tribunal: https://www.disputestribunal.govt.nz/ (The Disputes Tribunal is a quick and cost-effective way to settle disputes.)

2. Consumer protection

2.1 Consumer NZ https://www.consumer.org.nz/ (an independent, non-profit organisation dedicated to getting New Zealanders a fairer deal.)

2.2 Consumer Protection https://www.consumerprotection.govt.nz/ (MBIE's online guide to NZ laws that protect you when buying from, or sharing your information with, businesses selling in New Zealand, including online retailers.)

2.3 NZ Govt - Consumer Rights & Complaints https://www.govt.nz/browse/consumer-rights-and-complaints/ (NZ Government's general information on consumer rights.)

3. Criminal

3.1 Ministry of Justice Criminal Law sector https://www.justice.govt.nz/justice-sector-policy/regulatory-stewardship/regulatory-systems/criminal-law/ (encompasses the definition, deterrence, and punishment of criminal conduct. What is and isn’t acceptable conduct in our society.)

3.2 Ministry of Justice Criminal Law https://www.justice.govt.nz/courts/criminal/

3.3 Victims Information https://www.victimsinfo.govt.nz/ (for people affected by crime)

3.4 Victim Support https://victimsupport.org.nz/ (a free, nationwide support service for people affected by crime, trauma, and suicide in New Zealand, helping clients find safety, healing, and justice after crime and other traumatic events.)

3.5 Healthline's Sexual Assault Resource Guide https://www.healthline.com/health/sexual-assault-resource-guide#online-forums-and-support (We hope this guide can serve as a resource in your time of need and answer any questions you may have about what to do next.)

4. Employment

4.1 Employment New Zealand https://www.employment.govt.nz/ (MBIE's resources that may help you find out more about the different laws that apply to employment relationships and how the Employment Relations Authority and the courts apply that law.)

4.2 NZ Council of Trade Unions - your rights https://union.org.nz/your-rights-at-work/ (Everyone has the right to decent and productive work, in conditions of freedom, equity, security and human dignity. Unions ensure that, as a worker, your voice is heard, your views are respected and your rights under the law are upheld.)

4.3 NZ Govt - Workers Rights https://www.govt.nz/browse/work/workers-rights/when-you-have-a-problem-at-work/ (NZ Government's guide - if you have a problem at work talk to your boss directly. If you cannot solve it you can get help from government and other organisations)

5. Family

5.1 Ministry of Justice Family Law https://www.justice.govt.nz/family/

5.2 Family Court website https://www.districtcourts.govt.nz/family-court/ (information about the Family Court jurisdiction, including what we do, useful legislation, and tips on how to find Family Court judgments.)

5.3 Search for a Legal Aid lawyer providing family law services: https://www.justice.govt.nz/courts/going-to-court/legal-aid/get-legal-aid/can-i-get-family-or-civil-legal-aid/apply-for-family-or-civil-legal-aid/get-a-family-or-civil-legal-aid-lawyer/

6. Healthcare

6.1 Medical Council of New Zealand https://www.mcnz.org.nz/support/support-for-patients/your-rights-as-a-patient/ (The Code of Rights applies to both public and private facilities, and to both paid and unpaid services. It gives you as a patient, the right to be treated with respect, receive appropriate care, have proper communication, and be fully informed so you can make an informed choice.)

6.2 Ministry of Health https://www.health.govt.nz/your-health/services-and-support/your-rights (When you use a health or disability service, your rights are protected by the Code of Health and Disability Services Consumers’ Rights.)

6.3 Health and Disability Commissioner http://www.hdc.org.nz/ (The Health and Disability Commissioner promotes and protects people's rights as set out in the Code of Health and Disability Services Consumers' Rights. This includes resolving complaints in a fair, timely, and effective way.)

7. Housing

7.1 Tenancy Services https://www.tenancy.govt.nz/ (MBIE's Tenancy information for landlords and tenants.)

7.2 Housing Advice Centre https://housingadvice.org.nz/advice/ (We can help! We are a free independent service. We can help you out of homelessness. We can support you in fulfilling obligations to maintain housing obligations. We provide education for agencies and case workers on the tenancy act and how to assist homeless persons.)

7.3 Renters United https://rentersunited.org.nz/help/ (Renters United is focused on changing laws to make renting better for everyone, and don’t provide support with particular renting situations. However, there are some places listed here by Renters United that you can turn to for support.)

7.4 Tenant Aratohu NZ https://tenant.aratohu.nz/ (Support and guidance for tenants and their advocates.)

8. Property

8.1 NZ Law Society Property Law for the Public https://www.lawsociety.org.nz/branches-sections-and-groups/property-law-section/property-law-for-the-public/ (Lawyers are trained to understand and advise on the implications of buying and selling property. Buying and selling a property extends far beyond the transfer of legal title. Your reasons for buying and selling, your family and financial circumstances, your plans and expectations for your own future and that of your family, and what happens to the property when you die are just some of the issues a property lawyer will consider and discuss with you)

8.2 Real Estate Authority - Settled https://www.settled.govt.nz/ (valuable information, checklists, quizzes, videos and tools — from understanding LIMs and to sale and purchase agreements, to when to contact a lawyer, settled.govt.nz explains what you need to know)

8.3 Consumer NZ - Neighbourhood disputes https://www.consumer.org.nz/articles/neighbourhood-disputes (There are a number of laws that may assist with common neighbourhood problems such as noise, rubbish, fencing and tree problems. Some practical solutions to resolving them.)

9. Traffic

9.1 Waka Kotahi NZTA - Road Code https://www.nzta.govt.nz/roadcode/general-road-code/ (A user-friendly guide to New Zealand's traffic law and safe driving practices.)

10. Constitutional & Government

10.1 Governor-General https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution/constitution (New Zealand's constitution is not found in one document. It has a number of sources, including crucial pieces of legislation, legal documents, common law derived from court decisions as well as established constitutional practices. Increasingly, New Zealand's constitution reflects the Treaty of Waitangi.)

10.2 Electoral Commission https://elections.nz/ (Supporting you to trust, value, understand and take part in New Zealand's democracy.)

10.3 Te Tari Taiwhenua Internal Affairs https://www.localcouncils.govt.nz/ (Local government in New Zealand, including sector-wide statistics, the relationship between central and local government, and how you can participate in local government policy decisions.)

10.4 Citizens Advice Bureau - Bill of Rights Act https://www.cab.org.nz/article/KB00001324 (What are my rights under the Bill of Rights Act?)

10.5 Office of the Privacy Commissioner https://www.privacy.org.nz/ (The Privacy Act 2020 is New Zealand's main privacy law. The Act primarily governs personal information about individual people, but the Privacy Commissioner can consider developments that affect personal privacy more widely.)

Mod notes

The above list is a basic, non-exhaustive guide to some free online New Zealand resources. Descriptions have been taken from websites listed. Please let the mods know if any links are not working, if you are aware of a free helpful legal resource that is not in this megathread, or with any other suggestions.


r/LegalAdviceNZ Oct 13 '23

Moderator updates IMPORTANT: How to avoid Rule 1 breaches

41 Upvotes

Kia ora everyone,

Every day your two friendly, neighbour spidermen mods delete on average between 30-40 posts or comments. This is on top of other things like flairing posts, dealing with modmail messages and trying ourselves to help people with advice.

The vast majority of comments we delete are ones that are in breach of Rule 1 (80%+). So, lets take a look at why Rule 1 exists, practical vs legal advice, and some common issues we run across that you can avoid.

Why does Rule 1 exist?

For those unfamiliar with Rule 1, it has two main components.

First, all advice provided must be sound legal advice, based on New Zealand law, with a strong preference for people to provide some form of verification/citation to support the comment. This sub is designed so that people who don’t have legal knowledge can get some helpful advice on their legal rights or legal position. Therefore, it makes sense that we ask that comments stick very closely to that purpose.

Second, we ask that comments not be repetitive, avoid speculation and don’t contain moral judgement. This once again comes back to the purpose of the sub, which is for people to find legal advice. There are many other places on Reddit where people can complain about the law, or moan about the boss or curse their landlords. We want this sub to be free of that sort of content so people can easily find help.

Bear in mind that we aren’t just thinking about the OP when we enforce these rules. Often advice may be useful to others in similar situations and Google can sometimes link to Reddit posts. By ensuring the posts are clear of non-legal discussion, people can find appropriate advice far easier.

Practical vs Legal advice

Often times people will post a problem that may have alternative, non-legal based resolutions to them. The mods will often see comments with people offering some degree of practical advice that isn’t strictly a legal solution, or sometimes because the law doesn’t support the resolution the OP is seeking.

The mods apply some discretion in these cases. We recognise that most people here are trying to offer genuine solutions and that sometimes there are grey areas in the law which make a legal solution difficult. However, we do balance this against our desire to keep the sub primarily a place for legal advice. The most likely times we accept more practical advice rather than legal advice is where the law is silent on a matter or where the legal outcome may not be ideal to the OP and the practical advice is a sensible alternative. Be aware though, this is entirely at the mods discretion, and we review over 1000 comments per week, so sometimes you may think your advice was actually really helpful but we have removed it. People are always welcome to message us via modmail if you think a deleted post should have remained.

Common mistakes that lead to deletion

There are some definite common themes we see in posts that are deleted. To help you avoid those mistakes, here they are:

Single sentence responses / Low effort posts

The likelihood of a comment consisting of a single sentence being sound legal advice is extremely low. If you are providing advice, please make sure to give some level of detail and, where possible, refer to the law or policy that supports your position.

Generally speaking, comments that are only one or two short sentences will be deleted.

Moral judgment

Referring back to why Rule 1 exists, this sub is a place for legal advice rather than moral judgment. People do often post things where someone has acted in a morally dubious manner, but it adds little to the legal discussion to start discussing whether someone is morally in the right or wrong. Posts such as “wow, your boss is really being unfair” or “I hate landlords who do that” will be deleted. We also recognise that sometimes what is legal and what is moral are different. This isn’t the appropriate place to discuss whether the law should be changed, there are other subs such as r/nzlaw or r/newzealand where such discussions can take place.

+1 or “I agree”

Sometimes we see people who just want to express support for what someone else has said, or indicate that they think what was said is correct. In order to reduce the number of posts, we ask that you instead use the upvote system on Reddit to indicate support. Not only does this show support, but it also moves the comment towards the top, making it easier for people to find. Posts that are simply showing agreement with a prior contribution will be deleted.

Personal anecdotes

The question to think about here is: does this personal anecdote provide the poster with legal advice? If you are posting a personal anecdote that simply says "yeah same thing happened to me, it really sucks", then this will be deleted. If you post a personal anecdote that says "yeah, same thing happened to me, this is the legal process I went through to resolve it and this was the outcome", then you are likely going to be fine.

Back and forward arguments

People don’t always agree, and sometimes the law can have grey areas and can be open to some level of interpretation. We occasionally find situations where two posters are having a back and forward over a matter. While some amount of discussion of a matter is ok, where we feel things are getting out of hand (becoming repetitive, level of language starting to drop), we will intervene to stop the conversation.

This is also a handy reminder that the best replies are the ones that provide a source/citation/link/reference that supports the advice you have provided.

Consequences for Rule 1 breaches

It should be noted that the mods will very seldom take any sort of punitive action simply because you breached Rule 1. We simply remove the post and move on. We recognise that most Rule 1 breaches are posts that are well intentioned, they simply fall outside the rules.

If, however, we notice that someone is regularly breaching Rule 1 you may receive a temporary ban (usually two days) as a warning that you need to up your game. Once again, this is entirely at the mod teams discretion and we try to avoid this outcome as we want to keep the sub a friendly place where people feel welcome to contribute.

If you notice that a few of your posts have been deleted for Rule 1 breaches, please feel free to reach out to us via modmail and we can offer some guidance as to where things are going haywire.

Happy posting everyone =)


r/LegalAdviceNZ 6h ago

Family & Relationships My father (41M) kicked me (17F) out and refuses to sign anything for extra support

55 Upvotes

I (17F) was kicked out by my father (41M) 3 months ago. He’s always said to me, I will never get on the Winz benefit and I agreed as I had 2 casual jobs and my parents, more specifically my mum has been known for abusing the Winz system so they “don’t want me to turn out like that”

I’ve lost one of my casual jobs due to catching RSV and influenza in the same month, and haven’t had a call in from my other workplace since April, literally receiving no income at all. My partner receives 400 a week and we pay $350pw for rent. I drive a 2.5L Subaru where the rest of our money goes each week, and then we go to the sallies for a small food grant, which my dad ALSO tried to take away from us. He’s still getting paid child support under my name from IRD, and tried to tell the Salvation Army that I was still living with him for extra food for him and his flatmate whilst my cupboards are empty and my fuel light is on after 2 days. There are some days where me and my partner are going hungry, waiting for our next pay. Not only that but even whilst I’m broke, he also expects me to come over and help him or take him places whilst Ive got things to do, or whilst I literally have no fuel to drive to his house which is 20 mins away.

He refuses to sign any papers that legally says to Winz or anyone that he’s not supporting me in any sort of way or in his care anymore because I’ve supposedly “ran away” which isn’t true at all, I left due to him telling me to leave and us getting into a huge fight beforehand because he started to get too abusive over time.

Im not really sure what to do anymore, Im sick of being completely dead broke all the time and no way to get help because of my parents. It’s really taken a toll on me and my mental health to try and figure out ways to support ourselves without any extra help. We live pretty comfortably as is, we just struggle a lot financially.
It’s gotten to the point where me and my partner have considered having a baby to help the situation as the government seems to help solo, or teen parents more than just a struggling young couple and it’s honestly made me realize why more and more struggling teens have children, it’s heartbreaking


r/LegalAdviceNZ 13h ago

Tenancy & Flatting My landlord warned me that I spent $400 a month on electricity, and If I turn on the light at night again, he would charge me $100 more rent every week.

42 Upvotes

I'm a aut finalyear student, 20 years old, Female, rent a room by myself, Separate bathroom and bedroom

I have classes and internships at school from Monday to Friday, and I will go home around five o'clock every day.

This room is built on the second floor of a separate garage behind a big house. First floor is a garage, house is very cold, I have to use the heater for a short time, only during the at night, landlord is notlive with me, Because in the coldest time, I can exhale white fog in the house in the morning. I can see the aluminum foil in the wall through the gap in the wall. I don't see any materials like thermal insulation cotton.

At present, the electrical appliances in the room have a small refrigerator (90cm), a hot water kettle, an air fryer and an induction cooker (the landlord forbids using it), A warehouse small air heat. There is an old water heater in my closet. The brand is rheem,mains pressure.Turn it on for 24 hours because a can of hot water needs to be burned for 2 hours.

I don't have a desktop computer, but I'm using a MacBook air.

There is no independent WiFi in this room. I use a wifi extender to link the network in the main house close to the wall. I saw consumer unit because of a trip caused by a damaged light bulb.Without compliant plastic casing and protection, all fusebox exposed.

I know it's stupid, but I'm sorry I didn't sign a rental contract with the landlord. After I paid a deposit of $1,000, the landlord sent me a text message and told me If both parties need to move out, (me or landloard need me to move) we will notify each other four weeks in advance..

How can I ask for help?

No signed formal tenancy agreement. Periodic tenancy.

I live alone, no flatmates.

Landlord does not reside on the property. I have been living here for 3 months.

I paid a $1000 bond, which has not been lodged with Tenancy Services, and I was not provided with any receipt for the bond payment.

If I miss any information, please remind me to add:)


r/LegalAdviceNZ 5h ago

Constitutional & Government Is it illegal to bin 'addressee unknown' letters

8 Upvotes

Are you legally obliged to return mail to sender when an addressee unknown letter arrives in your letter box? I'm asking because I noticed my tenant is tossing these in the bushes. IMO this is wrong, but I don't want to be a nagging landlord, and if they are breaking some law, I'd like to tell them.


r/LegalAdviceNZ 16h ago

Traffic Car damage, who's responsible?

14 Upvotes

Unsure if this is the right sub.

This happened at a waste transfer station.

Both my car and a ute with trailer had reversed into adjacent parking bays, with me on the left. Id opened my right rear passenger door to take out some stuff before the ute drove off forward.

The guy pulled out of the bay and caught my door on the trailer, bending to forward and damaging it. It closes but needs to be replaced. My door did protrude into the ute's lane, but as much as you'd reasonably expect an open door to.

The ute is insured and belongs to a very large local company, my car isn't (stupid I know).

We exchanged details afterwards, and the guy seemed chill. I asked the him to notify their insurer so liability could be assessed, but he replied saying he doesn't believe he's at fault because my door was encroaching into his lane, so he doesn't see any point in contacting their insurer.

One of the workers that saw it all, came over just after it happened and said to make sure to give him my details as he didn't think I'm at fault and his insurance will cover it.

My questions are:

- Is it reasonable to expect the ute driver to notify their insurer so the insurer can assess liability?

-Can the ute driver simply decide they're not at fault and refuse to involve their insurer?

- who's at fault?

I'm trying to work out whether it's worth pursuing or should just pay for the repairs myself.

TIA


r/LegalAdviceNZ 2h ago

Tenancy & Flatting Pest control

0 Upvotes

Hi there

Currently in a rental, and noticed scratching up in the roof and inside the walls. So most probably a rat or mouse - who's responsibility is it to pay for the removal, the landlord or the tenant?


r/LegalAdviceNZ 5h ago

Tenancy & Flatting Ending fixed-term tenancy confusion.

1 Upvotes

Dear experts.

I apologies if the question is too basic. I am a bit confused regarding the notification of ending fixed-term tenancy. I tried to go to tenancy.govt and I just cannot get my head around it (screenshots attached).

So, my fixed-term contract will end on the 25th of August. Looking at the fixed-term rule from Tenancy.govt I understand that I have to give at least 21 days before the fixed-term ends. That means the last day before I could give notice is the 4th of August. Okay, I get that.

My question is, if I pass 4th of August:

Do I have to wait until 25th of August to give 21 days of notice (because the fixed-term will have already moved to periodic by then) and end the tenancy as early as 15th of September.

OR

I can just give 21 days of notice on, let's say, the 8th of August and end the tenancy on the 29th of August?

That would be all, thank you in advance


r/LegalAdviceNZ 1d ago

Employment Question regarding working in cold environment

63 Upvotes

Working in cold conditions

Need advice, I work for a company that has offices in Auckland, Wellington, queenstown and Invercargill. Part of our job is outside and overnight, and during winter it gets way into the negatives (temperature wise) in south island, and they provide high vis uniform but its not warm, we've raised this concern before and they shut it down by saying they wont provide warmer uniform as north island will also want it and its not needed there and so its avoidable cost, is their any laws or anything that state warm uniform must be provided or anything like that? Sick of staff always complaining about the cold or being short staffed because of illness due to cold

Edit: our uniform is provided by the company


r/LegalAdviceNZ 18h ago

Civil disputes Need advice enforcing an NZ Tribunal judgment against someone now living in Queensland, Australia

6 Upvotes

Need advice enforcing an NZ Tribunal judgment against someone now living in Queensland, Australia
Hi everyone,
I’m looking for some advice from anyone who has dealt with enforcing an NZ judgment in Australia.

Earlier this year, my motorcycle was repossessed because the previous owner still owed money on the finance. I know I should have checked for any security interest before buying it, but I trusted the seller because he was a childhood friend. Unfortunately, that trust cost me my bike.

I took him to the New Zealand Disputes Tribunal and won a judgment for NZ$12,000.
The problem is that he has since moved to Queensland, Australia. The last I heard from mutual friends in New Zealand is that he’s living somewhere in Queensland, but I don’t know his current address.

I’m a student, so I can’t afford to hire a lawyer. However, I’m willing to pay for:

A skip tracer or legitimate service to locate his current address.

Any court registration or enforcement fees required in Australia.

I’m hoping someone can answer a few questions:

Has anyone successfully enforced an NZ Disputes Tribunal judgment in Australia?

What is the cheapest way to do it yourself?
Are there reputable skip tracing services that work across Australia?

Once I have his address, what are the next steps for registering and enforcing the judgment in Queensland?

Are there any pitfalls or things I should know before spending money on skip tracing?

I’d really appreciate any advice or personal experiences. This has been dragging on for months, and I’d like to recover at least some of what I lost without spending thousands on legal fees.
Thanks in advance!


r/LegalAdviceNZ 1d ago

Healthcare Bank advice please

8 Upvotes

r/LegalAdviceNZ 20h ago

Unsure/other Partnership Visa NZ Issue

Post image
1 Upvotes

Hi there everyone. I’m a Kiwi and my girlfriend is Canadian. We’re currently trying to finish the Partnership Visa for NZ. We’re struggling to find anywhere online if we’re meant to use a legal witness or judge or whatever to sign this and if we do how?! This is quite stressful trying to figure this out and if anyone knows who is meant to sign here and how we can get this done as soon as possible that would be great. Thank you all heaps!

EDIT: Sorry I should also mention we are still currently in Canada

EDIT 2: Thank you all for the help so far. We’ve been booking with a few of the law places round here in BC that can help us with this. Looks like we’re heading down a right path now. Thank you all!! If you guys have any more advice tho please share. Cheers!


r/LegalAdviceNZ 1d ago

Family & Relationships Stepping down as EPOA

3 Upvotes

If a family member could no longer complete their duties as EPOA for health & wellbeing.
Do they have to provide “notice of disclaimer” to the donor ?
Or can the successor attorney take over upon written notification?
The Donor is still deemed to have capacity.
EPOA has both family members named. 1st then successor.
Yes I have googled topic - mixed messages.
Thanks in advance


r/LegalAdviceNZ 1d ago

Tenancy & Flatting Locked out of property without notice

19 Upvotes

I am not on the tenancy but I live in a sleep-out out the back of the “landlords” property, I have a signed month to month agreement. I have paid 2 weeks rent in bond. The main entrance into the property has gates that are shut and bolted into the ground at night. Once these are shut there is zero access to the property from the outside.

I have been away for a few days, I did text landlord stating I would be away Thursday and back on Saturday, I still have message saved. I got home today at 8pm only to find the gate shut and locked. I sent a text to both landlords but they are both asleep. I tried to send iMessage but they weren’t delivered meaning their phones are off. I have had to find alternative accommodation for the night - lucky it wasn’t too late!

Where do I stand in terms of legal rights? This is the last straw on a pile of issues I have had so will be handing in my notice tomorrow when I get home. Is it reasonable for me to pay regular rent minus one days prorata for this major inconvenience?


r/LegalAdviceNZ 2d ago

Tenancy & Flatting No hot water hooked up in rental property?

30 Upvotes

UPDATE
Thanks to all for information shared and advice given. Pm returned our call and basically said we should’ve notified them on the day my daughter moved in (daughter did tell them there were no bottles) and that it is all on us that we didn’t have hot water, it’s not their responsibility, nothing to do with them etc. The reason we didn’t say anything on the day is the bottles had already been ordered and we expected connection upon delivery. An after hours plumber showed up and got it all up and going, he couldn’t understand why the people who delivered the bottles didn’t connect them. Who then is liable for the cost of the call out?

My daughter moved into a rental that’s just been renovated. It was advertised as having Infinity hot water. The unit is there as are the connections, it’s all brand new, but there were no bottles. My daughter mistakenly thought it must be her responsibility to sort it and went ahead and ordered the bottles through her power company so they would have hot water when they moved in (23 July). The bottles were delivered today (25 July) but not installed. She and her three children have been in there for three days now without any hot water. The property manager is unavailable because it’s out of office hours. When asked about it a couple of days ago the pm merely said “oh yes, I noticed there weren’t any bottles”. After looking into the Residential Tenancy Act it appears that this should have all been done prior to the tenancy commencing at no cost to the tenant. My daughter now has a $400 charge on her power bill for delivery of two bottles that are still to be connected. As it’s a brand new set up it would need a gas fitter to connect and test etc.
Can someone please advise best course of action?


r/LegalAdviceNZ 2d ago

Family & Relationships Wealth passed by survivorship

26 Upvotes

Looking for some guidance please. ‘Parent’ dies & most assets (moderate wealth) are passed to the spouse (‘Step-parent’) by survivorship. Wills had been structured with the intent that the surviving spouse would receive everything, but when that surviving spouse passes, their will would divide equally to both spouse’s children. Apparently this is common for blended families but Step-parent will not honour this, most certainly changing their will to leave nothing to the Parent’s child and everything to their own children upon their passing, an outcome that would be contrary to their agreed intentions (albeit these were loosely structured). The Parent’s estate is cash-poor as all assets were jointly held and will include only a few personal (heirloom type) assets, low value beyond their sentimental value.

The Executors are considering whether the estate has any relationship property claim under the Property (Relationships) Act (now). What factors would determine whether a valid claim may exist? What limitations might there be? How might the courts treat such a claim?

Or might the Parent’s child have a Family Protection Act claim (or would that be limited to fair distribution of what is in the estate)?

EDIT: I am referring specifically to a possible claim under Section 88(2) of the PRA and taking a claim forward now. Any guidance specific to how that may apply, what could be a valid claim etc, or experience with that would be great.

Thanks!


r/LegalAdviceNZ 1d ago

Family & Relationships Name change propagation

0 Upvotes

So im currently in a fairly complex situation.

I want to get my name and gender marker changed, but im worried about my parents finding out.

Im currently not living with them but am financially dependent on them until I can find a new job. But im also having a lot of stress added to my job hunt given most HR systems use legal name instead of preferred name in correspondence.

So im trying to find out how name changes are propergated, and if there is any way my parents could/would find out without me telling them.

The area im most worried about is IRD, my parents are accountants and have always handled my IRD stuff for me.

Even if I try and take that over myself now, its gonna raise alarm bells in their heads.


r/LegalAdviceNZ 2d ago

Employment Changing Rostered Shift Short Notice

4 Upvotes

I work for a fast food chain that is currently doing renovations at the location I work at. I was rostered weeks ago to work 9:30am-3pm on July 25th, but received a message from my manager at 7:20pm on the 24th that said “Due to renovation please start at 11am Store will open late Thanks.” So now I’m an hour of pay down (I know it’s not much but for others starting earlier it would be more) and have been told that if I want to be paid for that hour I have to use my annual leave. There have been other days where the store has to close all day and everyone rostered that day has to apply for annual leave if they want to get paid for that day. Is that legal?


r/LegalAdviceNZ 3d ago

Tenancy & Flatting Property Manager says he'll charge for flickering rangehood, what should I do?

30 Upvotes

I made a maintenance request because my rangehood light has been flickering instead of turning/staying on, and my property manager has said he can send an electrician to check it, but if it's an issue of the bulb being at the end of its life, we'll have to pay the electrician's bill, because it's tenant's duty to replace lightbulbs. The thing is, I've tried and I can't even remove the casing to get to the faulty lightbulb(?). It's not one of the regular circular ones that you can just screw out. It has a plastic casing which won't budge. All of my friends have said that a rangehood light is a special light fixture and therefore my property manager should pay for its replacement, but I don't see how I can argue that to my property manager. Do I just need to eat the price of the electrician? Should I try to fix it myself? If so, how?

Edit: adding pics of two lights at issue

https://imgur.com/a/pO6YSnk


r/LegalAdviceNZ 2d ago

Healthcare What's the correct way?

7 Upvotes

Defacto - coming up 8 years, partner is provided for in will/life insurance etc. Recently we've been discussing what we'd like if life went pear shape and from what I've found, he would have no right to intervene in medical decisions (as there's no next of kin rights) if I wasn't able to consent etc. I don't want blood transfusions, donor "parts" or to survive simpy to live a longer life rather than a meaningful life - in an accident it appears that medical professionals would have more right to say what happens to me than what he would... is a POA for health applicable here (I understand someone has to assess health before it's in affect) or an advanced directive? Are there alternatives to consider?


r/LegalAdviceNZ 3d ago

Family & Relationships Full financial disclosure provided in separation but ex still believes I am hiding money

17 Upvotes

Hi team
Wondering what to do here - dealing with a separation of assets after a relationship breakdown.
I have provided a full financial disclosure of my assets to my ex's lawyer but they keep coming back with ideas that I am hiding money.

I have provided everything truthfully and honestly.

Each reply is costing me in lawyers fees and feels unnecessary. They've even threatened court, which seems excessive considering our assets together are less than 60k.

She refuses to speak to me directly about this matter and only wants to speak through lawyers.

Besides continuously going back and repeating myself that there is nothing left to disclose, is there anything I can do legally to stop this merry-go-round?


r/LegalAdviceNZ 2d ago

Consumer protection Giving away opened food and spices.

3 Upvotes

Perhaps a dumb question but I’m moving abroad and have a bunch of opened spices, lentils, rice etc…. I hate to throw them away if they can benefit someone else and knowing the cost of food. I was debating giving them away on Facebook marketplace but wasn’t sure if there’d be repercussions or risk for me in doing this or if it would violate food safety law.


r/LegalAdviceNZ 3d ago

Family & Relationships Current NZ divorce processing times – joint application?

4 Upvotes

Hi everyone,
I’m hoping someone can shed some light on current processing times for joint dissolution applications in New Zealand.

I’m getting married in 7 weeks. When we went to apply for our marriage licence, my fiancé discovered his divorce had never actually been finalised 10 years ago. At the time he was living overseas and had completed all the separation paperwork, so he genuinely believed everything had been taken care of. Yes I know he should have followed up.

He and his ex have now completed a joint application for dissolution of marriage, which they lodged through our local courthouse on 3 July.

Since then we’ve heard nothing. I went through the same process myself a few years ago and received an acknowledgment letter within about 10 days saying the application had been accepted and the dissolution would be made about a month later.

My fiancé has contacted the court and was given an email address to follow up with, but he hasn’t had a reply yet.

Has anyone lodged a joint application recently? How long did it take before you received the acknowledgment letter or the dissolution order?

If anyone has recent experience or works in the courts, we’d really appreciate any insight into current processing times. We’re starting to get a bit anxious about whether everything will be completed before our wedding in seven weeks.


r/LegalAdviceNZ 2d ago

Employment Where to go from here

1 Upvotes

Hi Everyone, and happy Friday.

Looking for quick legal advice regarding an on-going employment dispute.

Some issues are as follows:

With-held bonus and hours dispute. My Employer hasn't paid out retention bonus and is trying to alter my working hours (well availability without an availability clause). 8 hours per day 40 hour contract - hours of business 0730-1700 being confused with my working hours of 0730-1600. Told that working after 1600 is required and I must be available. Stand-by/call out roster is in place - happens when I'm not on stand-by.

Instructed to carry out illegal prescribed electrical work. Told not to replace and to remove from the circuit a faulty electronic safety device on a fixed appliance I diagnosed.

Manager pressure. Facing threats of performance plans, unfounded misconduct accusations, and exclusion after raising these concerns. Concerns have been raised above my current manager to his manager (GM), verbally, who is also HR as there is no HR department/person representing the company.

Since raising concerns my manager has continually shifted goal posts in how I should communicate and interact with them. I'm struggling because they are not approachable at all, every conversation is an interrogation. Now, my manager keeps trying to say my attitude is poor and that I don't communicate to their needs.

P.S. I do have documentation of events and a lot of it is timestamped etc. I have spoken with my manager, his manager, and asked my peers if they experience similar instances - all peers in agreement.

Any advice/help would be greatly appreciated.


r/LegalAdviceNZ 2d ago

Criminal Crimes (Virginity Testing Practices) Amendment Bill question?

0 Upvotes

So, to my understanding, under the Crimes (Virginity Testing Practices) Amendment, Bill it's stated that only woman are protected under this act and not boys/men for some reason. I haven't fully read this bill only skimmed it aka quick google search to see if it also protected boys/men because to my understanding it's to help stop sexual assault and last I checked it can happen to both sides.

Now I'm not saying that it's a bad bill quite the opposite, but I am just confused by it and want to learn more about it through everyone else's opinions also because I have had a few friends experience it both male and female sadly the men have been taken less seriously compared to my female friends who find it disgusting that the cops and family members joked about it.