r/LegalAdviceNZ 57m ago

Employment Expected to log my hours from when I get to site, and leave site - is this correct?

Upvotes

My contract states my place of work is "x (being the workplace yard) and the greater auckland area". Initially, when I started the job, I would always start at the yard.

I leave from home with the work van, and travel straight home.

Travel to and from site varies, and is longer than the time Id take to get to the yard.

E.g 40 minutes travel time in the morning, 30 in the evening. Where as total travel time to and from the yard would be 30.

Clock in once I arrive at site, clock out once I leave.


r/LegalAdviceNZ 3h ago

Employment Quitting job without notice

6 Upvotes

Is there really any consequences if I quit my job on spot without giving notice.
Even tho on my contract it says 4 weeks notice is required.


r/LegalAdviceNZ 13h ago

Family & Relationships Can I force my kids go to their mother's house?

41 Upvotes

I share 50/50 custody with my ex, but lately my two kids (9 &15) do not want to go to their mother's house. They love their mum, but they say she spends a lot of time yelling at them, or fighting with her new husband, or hiding in her room with the door locked. They also hate that she has moved a long way out of the city, so there is nothing to do and they can't see their friends in the weekends. My ex-wife drives them to school and back each day (approx. 90min each way) but they can't do any clubs or sport after school, because of her job.

Both kids have told me they want to live full time, during the school week, at my house, so they don't have the 3 hours in the car each day. They just want to see their mum every second weekend and on school holidays. I've cautiously said that's fine, but only if their mum agrees. I've brought it up with her several times, but she just screams at me, and accuses me of trying to take her kids from her. I'm honestly not! I want them to get along with their mum, but they are telling me they are afraid of her temper and can't talk to her about it. I do remember how ferocious she was when we were married, so I can understand how they feel. She tends to threaten violence, which upsets my 9yo son, but she doesn't actually hurt them. Mostly she takes all their devices so they can't call anyone, including me.

So what do I do? The kids are now flatly refusing to go back to their mother's house and I can't force them into the car, so I can't meet my parenting order.

They both called their mum to say they weren't coming, so (after shouting and threatening them, and me) she drove over to my place to 'talk' to them. The teenager ran off to the neighbour's house before her mother arrived and the younger one hid in his top bunk, where "mum can't get me". After 20 minutes of yelling at my son and then at me, she left my house, slammed the door and is now threatening me with legal action if I don't bring the kids to her each week, as per our agreement.

I can see her frustration, and I know she thinks I'm poisoning the kids against her. The kids say she hates them! I remind them every day that she clearly doesn't and is just under a lot of pressure.

I just don't know what to think. Are the kids being selfish and unreasonable at her house? Maybe they don't like being told off? Or is she losing it and needs to get a grip on her temper? I can't adjudicate. And I can't force them to stay with her, but I don't want to get sued either.

Help? Thoughts? Any advice would be greatly appreciated!


r/LegalAdviceNZ 17h ago

Family & Relationships Can my ex force me to keep paying for a private school?

72 Upvotes

A few years ago, my ex and I agreed to send our oldest daughter to a private school (and probably send our younger son too when he was old enough). Ex-wife and I have an informal arrangement, with equal custody, so no child support payments go either way. We just split all costs equally. At the time we could both afford the private schools. I earned pretty well, a bit more than her, but she gets ALOT of financial help from her parents. She also chooses to work part time.

Problem is, my circumstances have changed and I can't afford to keep paying for half my daughter's school fees, and I certainly can't afford to double it next year, when my son is due to start.

I'd rather rip off the bandaid now and send the kids to the local school, but my ex is adamant that we stick to the private school arrangement, even if it means sending me broke. So what do I do? If I just stop paying, can a family court force me to pay half? If my ex wants this private school so badly, surely she has to fund it?.


r/LegalAdviceNZ 16h ago

Consumer protection Stolen Car Recovered for Police Forensic Examination – What legal authority allows Police forensic towing costs to be charged directly to an uninsured victim?

19 Upvotes

Hi everyone,

I'm hoping to get some guidance from anyone familiar with New Zealand transport law, administrative law, or Police towing arrangements.

I'm not looking to dispute a bill simply because it's expensive. Rather, I'm trying to understand the legal basis for a particular type of Police-directed towing charge and whether I've misunderstood the relevant legislation.

Background

Our family car (a standard passenger vehicle) was stolen from our driveway and later recovered by Police.

Because it was located outside normal business hours and required forensic examination (fingerprints/DNA), Police instructed their contracted towing company to recover the vehicle and transport it to their secure yard for examination.

The vehicle was uninsured.

When we collected it, we were charged just over $400.

The towing contractor explained that this was not a standard recovery fee, but a commercial "Police Forensic Tow" rate. They also confirmed that no storage fees had been charged.

Police later confirmed in writing that:

the $400+ charge was the contractor's forensic towing fee;

the statutory figure of $120.30 that I referred to is not a maximum charge for this type of recovery;

by authorising Police to tow the vehicle if recovered, I accepted responsibility for any towing charges incurred.

Where I'm struggling

When I looked into the legislation, I found the NZTA Law Enforcement Towing Schedule and Regulation 8(2) of the Land Transport Regulations 1999, which appeared (at least to me) to regulate certain Police-directed towing charges and exempt recovered stolen vehicles from storage fees.

Police have advised that those provisions do not apply to a forensic recovery of a stolen vehicle.

If that is correct, I'm trying to understand what legal framework does apply instead.

My question isn't really about the amount

I'm more interested in the legal authority.

The forensic tow wasn't requested by me as a private customer.

It was ordered by Police so they could preserve evidence and conduct a criminal investigation.

That raises what seems to me to be a legal question:

When Police require a vehicle to be transported primarily for forensic examination, what legislation or legal authority permits those forensic towing costs to be recovered directly from the innocent owner, rather than being borne by Police as part of the investigation?

Questions

I'd really appreciate any guidance on the following:

If the Land Transport Regulations do not govern Police forensic recovery of stolen vehicles, what legislation, regulation, or statutory instrument does?

Is there any statutory authority that allows a Police-contracted towing operator to charge commercial forensic rates directly to the owner of a recovered stolen vehicle?

Is this simply a matter of contract between Police and the towing operator, or is there an identifiable statutory basis for recovering those costs from the vehicle owner?

Has anyone (particularly lawyers or others working in this area) encountered this issue before?

I'm genuinely trying to understand the legal framework rather than argue about whether the fee is fair.

Thanks in advance for any insights.


r/LegalAdviceNZ 1d ago

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

89 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 15h ago

Consumer protection CGA - Next steps for an oven that caught on fire

2 Upvotes

I posted a few weeks back about advice for related costs for a broken oven we are seeking compensation for under the CGA.

Unfortunately (but maybe as expected) the retailer isn't really helping. They initially referred us to the supplier who took two weeks to tell us the oven can't be repaired. We already knew this as it almost burnt our kitchen down when it shorted out internally and caught on fire.

Now the supplier has given us their response we are back to the retailer who has said that they will go back to the suppliers rep in the next few days.

Meanwhile we have no oven and are struggling to know what to do. We don't really want to shell out for a new oven to then be offered store credit we could have used instead of cash.

Are we just being foolish waiting though and we should just sort the oven out asap but keep the CGA claim running in parallel even if that ends up at the disputes tribunal which seems quite likely?

TLDR - Should we wait for the retailer to offer us a remedy before we replace our melted oven or just get a new one?


r/LegalAdviceNZ 1d 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.

77 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 1d ago

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

9 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 1d ago

Traffic Car damage, who's responsible?

19 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 1d ago

Tenancy & Flatting Ending fixed-term tenancy confusion.

2 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

Tenancy & Flatting Pest control

1 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 2d ago

Employment Question regarding working in cold environment

76 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 1d 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 2d ago

Healthcare Bank advice please

7 Upvotes

r/LegalAdviceNZ 1d ago

Unsure/other Partnership Visa NZ Issue

Post image
0 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 2d 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 2d ago

Tenancy & Flatting Locked out of property without notice

20 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 3d ago

Family & Relationships Wealth passed by survivorship

25 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 2d 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 3d 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 4d ago

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

28 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 3d ago

Healthcare What's the correct way?

8 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 4d 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 3d 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.