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

40 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 • • 1d ago

Employment My notice period is 4 weeks. I resigned giving my employer 10 weeks notice to help with handovers, now they’re talking about putting me on 4 weeks of garden leave

113 Upvotes

As per the title, I resigned giving my employer 10 weeks of notice through to the end of the year to see some projects close out and help with handovers, as an act of good faith. My notice period is only 4 weeks. My employer is now talking about putting me on gardening leave for my 4 week notice period and I don’t start at my new employer until after the new year, leaving me without pay for at least 6 weeks. I have only given verbal resignation and not yet written resignation, and they were asking me when I was going to give written resignation and then mentioned gardening leave in the same sentence. What should I do? I fear once I give written resignation they’ll put me on gardening leave and I’ll just have 4 weeks which is not enough time to finish my projects or do handovers or say goodbye to my colleagues.


r/LegalAdviceNZ • • 10h ago

Tenancy & Flatting When is it reasonable to bring in an electrician and send the invoice to the landlord?

7 Upvotes

As far as I'm aware, tenants can carry out urgent repairs without the landlord's prior consent in cases when there's a safety risk.

One of the lights in our house has been tripping the fuse when it's turned on for the last 4ish months and we are pretty sure it's due to water damage. Our landlord keeps saying he's going to get onto it but nothing happens.

This is arguably a safety risk due to the risk of electrical fires, but also given it's been several months I'm not sure it qualifies as urgent.

Would it be reasonable (and lawful) for us to just get an electrician in, given our landlord has had plenty of time to do so but hasn't?


r/LegalAdviceNZ • • 17h ago

Tenancy & Flatting Flatmate/partner not paying rent or communicating

14 Upvotes

Posting on behalf of my friend:

My friend and their partner were living together, and are on the same tenancy agreement. They broke up, and the partner has moved back to their hometown. They have blocked my friend on social media and is not replying to messages or emails. The partner is still on the lease which ends at the end of the year, and has stopped paying rent to my friend (who manages the flat/rent accounts for them both).

I know that the partner being on the lease doesn’t necessarily determine or hold them liable for how much of a share of rent they pay, and it just requires that someone makes sure rent is paid, but my friend can’t afford the full rent on their own and doesn’t know what to do.

Tenancy services advised them to take them to the disputes tribunal and try get the money back through a debt collector, but that’s likely to be a long process and will require debt actually being accrued so my friend can prove or show their ex-partner owes something.

The issue is that my friend can’t afford the rent on their own right now, and will end up behind in or owing rent until they can even attempt to get anything back from their ex.

Is there anything my friend can do right now to make sure the ex contributes? Would it be a good idea to explain the situation to the landlord in the hope they might show some sympathy and reduce the rent? Or ask the landlord if they can contact the ex to get them to pay rent separately? Any other ideas?


r/LegalAdviceNZ • • 23h ago

Constitutional & Government Who do I report this issue to?

13 Upvotes

So about 2 weeks ago I received a phone call from an unknown number claiming to be mymsd and we need to just check your details.

So ive politely told him I dont give out personal details to unknown numbers and hung up.

Couple days later I check the mymsd website and ah om on orange light!

So I give them a call and yes it was actually mymsd who called. Ive explained about how they shouldnt be expecting people to just hand out personal information to unknown numbers. Thats actually a security issue thats affecting many people here.

But anyway can I call them back or go in and see them. Thats a no and no.

But dont worry we will pass on the message to your case manager.

So a little over a week passes with no contact whatsoever and all a sudden my payment has been cut to just over $100. For context my rent for a small room in a bording house is almost 3x that.

I feel i did everything right here and pointed out a massive security issue thay have there. Identity thieft and scamming all starts from collecting someones personal information and you should never hand this out to an unknown number.

Unreal they also will just cut your payment like that without any real warning. At no point was I informed that I was getting my payment cutoff.

Im going to forward this complaint off to each political party just to try keep a roof over my head here. Ill update on any replys

And the question for you all. Who do I complain to about this? Its actually a serious issue (Scammers could easily collect personal information this way) I did allready explain all this to mymsd but they somehow didnt seem to see the issue.

TLDR: Mymsd is calling people on an unknown number asking for personal information. Its actualy a massive security issue scammers could jump in on.

UPDATE: i have sent off this complaint to most political partys: greens.outreach@parliament.govt.nz Nzfirst@parliament.govt.nz reception@labour.org.nz hq@national.org.nz Secretary@NZOFP.co.nz info@opportunity.org.nz act.office@parliament.govt.nz

nzfirst so far has given an automatic reply. will update on any others.

Have also lodged a complaint online but only god knows how long that takes to get back. Also it seems I need to book a appointment which can also take weeks. In the mean time im going to have no way of paying rent. I think ill try a visit to the branch today to see if anyone can help since its urgent

Im dam near homeless soon all due to one phone call.

UPDATE 2: So ive been to the office and explained it all to 2 people. They understood the issue but both still cannot help. Only this one case manager via the phone can help. I cannot call them. Was told they would call in 15 minutes. Only to get a text 20 minutes later that the call is booked for friday. So it looks like im not eating this week.

Anyone out there have to deal with this whole new only phone case manager thing? Im not liking this new system of only one case manager can help. This one case manager is also not here and cannot be called. Im starting to wonder if this case manager is even human. Is the national AI plan allready in effect?

UPDATE 3: Ive received 2 replys from the partys: First was NZfirst! Their reply was short tho. Just a simple message referring me to a local electorate MP and also to try the citizens advice bureau.

The second reply was from the Oppotunity party. They actually took the time to write a huge reply! This actually made me feel much better about the whole situation. I wont post what they wrote but it was well written without fear of saying it how it is. I give credit where due here.


r/LegalAdviceNZ • • 1d ago

Civil disputes Tree limb fell

5 Upvotes

My tree was set on fire and a limb fell and hit my neighbors truck causing some damage. My homeowners insurance had lapsed, who is liable for the damage?


r/LegalAdviceNZ • • 18h ago

Employment Winz

0 Upvotes

​

So I work 6 hours a week and I am active job seeker so I am receiving the benefit at same time I want to leave my 6 hour job due to toxic work environment and I have had 4 break downs lately will I get a stand down from winz? If I leave I can't afford to get a gp until next week and and I got a tend medical certificate online but thinking of getting another tomorrow as im not comfortable going into work again can please let me know if I will get a stand down or not? I have asked my case manager but she wasn't clear if I get a stand down or not


r/LegalAdviceNZ • • 1d ago

Employment Advice needed: Building apprenticeship offered as a contractor in NZ

17 Upvotes

​

I'm 18 and have been offered a building apprenticeship in New Zealand. The builder wants me to work Monday to Friday, 7am–4pm, for $30 an hour. However, he says he doesn't use payroll and would pay me every Tuesday through Hnry, with me being classified as a self-employed contractor.

I'd be providing my own tools and possibly my own safety equipment. The understanding is that I'll be completing a formal building apprenticeship through BCITO.

I've contacted BCITO, and they've confirmed that I can enrol as a contractor and receive the same qualification and training as an employee apprentice. However, they said whether the arrangement is legally correct is an employment matter.

I'm contacting Employment New Zealand to clarify things, but I'd appreciate advice from people familiar with the NZ building industry or employment law.

A few questions:

- Is it normal or appropriate for a building apprentice to be classified as a contractor?

- Given the fixed hours, hourly rate and likely supervision, could I legally be considered an employee instead?

- What would the financial disadvantages be compared with being employed on wages?

- What should I make sure is covered in writing before starting?

I'm keen to take the opportunity because I want to build a career in the construction industry, but I want to make sure the arrangement is legitimate and that I'm not signing up to something disadvantageous without realising it.

Thanks.


r/LegalAdviceNZ • • 1d ago

Employment NZ employment advice: Can my employer force me to teach a course I don't feel qualified to teach? And is an unsigned 90-day trial clause valid?

11 Upvotes

Hi everyone,

I'm looking for advice about an employment situation in New Zealand, particularly regarding employment agreements, changes to duties, and 90-day trial periods.

I've worked for the same employer since last year, initially under a casual contract. I had to stop working for a few months, then returned in May under another casual contract.

In September, I moved into a full-time Programme Coordinator role, which was supposed to include 15 hours of teaching per week. The arrangement was based partly on another person joining to help with the coordination workload. That arrangement didn't happen as expected, and I ended up handling the Programme Coordinator responsibilities myself.

Now, my Director wants me to teach a course related to TESOL/teacher training. I've made it clear since last year that I don't feel comfortable teaching this particular course because I don't believe I'm sufficiently qualified or prepared to teach it. I'm happy to teach other courses and English classes at different levels, just not this one.

Initially, the Director wanted me to teach the afternoon classes, but they would run beyond my normal working hours, and I'm unavailable after that time. Now, she apparently wants me to teach the morning classes instead. I still don't want to teach this course, and taking it on would add considerably to my existing workload.

The course is already underway, and I'm also concerned about taking over a course when I'm unfamiliar with its curriculum and assessment requirements.

I've explained my concerns, and the manager has advocated for me and raised several points with the Director. However, the Director seems determined that I should teach it.

The Director is based in Australia rather than New Zealand. I'm concerned that the practical teaching and academic requirements of taking over this particular course may not be fully understood. I'm being asked to take responsibility for a programme I'm unfamiliar with, despite raising concerns about my readiness to deliver it, the impact on students, and the additional workload involved.

There is also an issue with my employment agreement. My current full-time contract was provided in writing, but I never signed it because I was told I didn't need to. I started working under the new arrangement. The draft agreement includes a 90-day trial clause, describes my role as a full-time Programme Coordinator with a teaching component, and says that changes to duties should be agreed upon.

I'm worried about pushing back because I need to keep my job.

My questions are:

  1. Can an employer require me to teach a specific course if I agreed to a teaching component but understood that I would be teaching different courses?

  2. Does it make a difference that I have explained that I don't feel qualified or comfortable teaching this particular course, and that I'm willing to teach other courses instead?

  3. Since I never signed the new employment agreement, can the employer still rely on its 90-day trial clause to dismiss me?

  4. Does my previous casual employment with the same employer, including the break of a few months, affect whether a new 90-day trial period can apply?

  5. If I refuse to teach this course, could I face disciplinary action or dismissal?

  6. How can I push back professionally while minimising the risk to my job?

I want to continue working for the employer and fulfilling my Programme Coordinator responsibilities. I'm not refusing to teach altogether; I'm willing to teach other classes. My concern is being pressured to take on a particular course that I don't feel equipped to teach, especially when it wasn't what I understood the teaching component of my role to involve.

I'd appreciate advice from anyone familiar with New Zealand employment law, particularly regarding unsigned agreements, trial periods, and changes to job responsibilities. I'm also interested in any free employment advice services available in NZ.

Thank you.


r/LegalAdviceNZ • • 1d ago

Property & Real estate Shared easement advice

6 Upvotes

We own a lifestyle block which shares an easement with another block of land. There is no house on the other block, but the owner sometimes has contractors in with heavy machinery to cut bailage or put stock on the property. In the 5 years we have owned our place we have never meet the other owner and they have never contributed to the maintenance of the easement. We have had a load of metal put down in that time and done a substantial amount of gorse control to keep it open. It now needs another load of metal and we think the other owner should contribute something. What is the legal mechanism whereby we can find out their contact details? Is it just a matter of asking the council? And is there any legislation regarding easements which I should read to understand the rights and responsibilities around them?


r/LegalAdviceNZ • • 1d ago

Tenancy & Flatting Tennancy Dispute over Damaged curtains.

8 Upvotes

My prior flat bond is being disputed over some fraying in the curtains. It is being attributed to oyr cats but there are house fixtures we can attribute to the damage also. (Loose velcro hooks on the frame of where the curtain draws).

The second curtain we cannot explain away and are likely responsible in someway though we are not sure how though we did have pets. (Agreed to on the tennancy).

We have been provided a full quote of $600 for the replacement of the curtains. Though we lived there for 2 years and the curtains are seemingly 6 years old.

By rights we offered to pay the depreciative value of the curtains. (8 year expected life span we have proof they were aroumd for 6 so 75% of life lived) and based on this we think thats a fair and equitable offer and based on prior tribunal cases this rings true.

After some back an forth the PM took us down to 50% to pay we reiterated that 25% seems more than fair unless evidence is provided that the curtains are newer than 4 years old (Owner only live there 1 year prior to us).

After we stood our ground they have simply become punitive and requested 80% payment amd are out right accusing us of the damage incurred. (We have not admitted blame or found evidence as such).

All other cleaning and move out is agreed.

Im asking about how to go from here whether our understanding is correct (Notably we can pay more but on principle will not) and to ask how to go about a tribunal hearing as that seems the next step at this point.

Safe to say we wont be renting from this group again or using them as a referee.

Pics for Reference:

https://drive.google.com/drive/folders/19-Zi2AejbkqHSwi8ok5MjZ2oi9QNR9Vy


r/LegalAdviceNZ • • 1d ago

Civil disputes Help with jurisdiction

1 Upvotes

Hey All,

My friend was in urgent need of repairs to his business vehicle and I lent him 15k straight to his business account(sole trader LLC company) shortly after we began a relationship of short duration during which I chose to have a child via artificial insemination. Long story short. The relationship ended(phew) and 5k of the loan was repaid from business account. However as soon as he realised that the $ wasn't going to get me back no further payments were made. I have since attempted a small claim against him for the outstanding 10k however it was eventually thrown out due to my child having been born in that relationship even tho he is not the father and was never. I am out of time for family court and am wondering where to next? Can I take the company solely to disputes tribunal even though he is the only director/shareholder?


r/LegalAdviceNZ • • 2d ago

Lawyers & Courts My car got crashed into 😩🤦‍♂️

34 Upvotes

I was involved in a crash and was completely innocent. I’m in NZ and need some advice on what I can do to recover the value of my car.

I parked my car legally on the side of the road and caught a train into the city. A few hours later I returned to find a Holden had crashed into the back of my car and was literally sitting in the rear half of it.
My car was completely written off.

I later found out there was actually a third vehicle involved. From what I understand, the third vehicle was being driven by an intoxicated driver who attempted to overtake, causing the Holden to rear-end my parked car.
I had no insurance on my car due to issues relating to my previous criminal history.

At the time, Police told me I needed to obtain valuations for my car and a letter confirming that it was a write-off. I was also told that the driver of the third vehicle had pleaded guilty to driving under the influence and dangerous driving, and that I would receive reparation for the loss of my vehicle.

Fast forward to last week — the person was sentenced.
However, I have now found out that they were ordered to pay only $400 in reparation. From what I understand, that $400 was to cover someone else’s insurance excess, rather than anything relating to my vehicle.
Because I didn’t have insurance, I’m assuming the $400 may have been for the other vehicle involved in the crash that did have insurance, but I don’t know for certain.

I have received nothing for my vehicle, despite it being completely written off.
This is where I’m really confused.
Police originally told me I needed to get valuations and documentation showing my vehicle was a write-off, which I did. I was also under the impression that I would be seeking reparation for my loss.
Police are now refusing to give me the names of the other people involved or provide me with the police file, so I don’t even know exactly who I should be making a claim against.

What I’m trying to understand is:
Can I take the owner/driver of the Holden to the Disputes Tribunal or District Court to recover the value of my car?

If the Holden had insurance, can I make a claim against their insurer as the innocent third party?

If the intoxicated driver caused the Holden to hit my parked car, does that mean I need to pursue the intoxicated driver instead?

Why was only $400 ordered as reparation if my vehicle was completely written off?

Was the $400 simply for another person’s insurance excess, meaning my loss was never dealt with through the criminal case?

Is there any way for my vehicle loss to be considered for reparation separately?

Can Police legally refuse to give me the names of the people involved or information from the crash investigation?

What is the correct process in NZ for an uninsured innocent party to recover the value of their vehicle after something like this?

I have valuations and documentation showing the value of my vehicle and that it was a write-off.

I was literally parked and wasn’t involved in causing the accident. I just want to understand who is legally responsible for my loss and what I should do next to recover it.
Any advice from someone familiar with NZ law, particularly motor vehicle accidents, insurance claims, reparation or civil claims, would be greatly appreciated.


r/LegalAdviceNZ • • 1d ago

Tenancy & Flatting Tenancy advice

2 Upvotes

Hello, I was told to post here as I might get some more legal advice on my situation… essentially I am signed onto a tenancy with two others. I currently pay an equal share of rent for my room which is the smallest, both of the other rooms are bigger and one has an ensuite. Because my room is grossly overpriced I have been struggling to find someone to fill my room. I notified my landlord of my move out date over a month in advance. I’m wondering what my rights are here? Will I still be legally tied to this lease if I don’t find someone to fill my room? What happens if I stop paying rent from when I move out and my current flatmates don’t cover my rent if the room isn’t filled?


r/LegalAdviceNZ • • 1d ago

Request for lawyer recommendations AKL Lawyers specialising in PG recommendations

1 Upvotes

Hi team, i got a pretty clear cut PG case at work (according to an advocate i talked to should be a straightforward settlement) so i just need someone to send the first letter and possibly a couple of hours after that.

Would like to spend the least amount as possible, and a free 15-30min consultation would be ideal

Im aware i can do this myself but im actually very stressed and would prefer not to deal with it.
Thanks


r/LegalAdviceNZ • • 1d ago

Employment Can I be excluded from pay review due to maternity leave

0 Upvotes

I was on maternity leave for last FY. My entire company goes through a pay review process in November for the previous FY based on goals and if KPIs are met.

Can I be excluded from the review process if I was on maternity leave. I understand I am not entitled to a pay rise but am I legally entitled to a review?


r/LegalAdviceNZ • • 1d ago

Constitutional & Government Official information request delay

0 Upvotes

Hello

I made an OIA to all government agencies that hold my data on June 6 2025 to check over the data due to being hacked

All but one of them have responded to this request

Now this information is related to what may turn into a Civil case, but is for now related to another inquiry

Can anyone advise the legal complaints process in relation to what I believe is an intentional delay by this particular government agency

Thank you


r/LegalAdviceNZ • • 2d ago

Tenancy & Flatting NZ Tenancy Tribunal – Won my case, landlord refuses to pay, and I'm at breaking point. Please help!

74 Upvotes

Hey everyone,

I recently won my Tenancy Tribunal case against my former landlord on 5 October 2026. The Tribunal issued an order requiring her to make payment to me immediately.

On the same day, I formally emailed her requesting payment within five days, advising that I would pursue civil debt enforcement if payment wasn't received. I also sent her a text message to ensure she was aware of the email and payment request.

By 12 October, I still hadn't received anything, so I sent a final notice giving her another 48 hours to pay before proceeding with enforcement. Again, I contacted her both by email and text message to ensure she was aware of the notice.

It's now 19 October, and I still haven't received a single cent.

Throughout this entire ordeal, I feel that my former landlord has been nothing short of a bully from the very beginning, and that behaviour has continued even after the Tribunal ruled in my favour. The way I've been treated throughout this situation has been incredibly upsetting, and her continued failure to pay feels like yet another way of making an already difficult situation harder for me.

However, I'm genuinely at a loss as to what to do next.

This entire situation is causing me an enormous amount of stress and anxiety. Going through the Tribunal process was stressful enough, especially given how I've been treated throughout it. I genuinely thought that finally receiving a decision in my favour would mean I could put this whole ordeal behind me. Instead, I'm now having to chase money that has already been legally awarded to me.

To make matters worse, I desperately need this money to clear outstanding debt, and every day that goes by without payment is putting me under further financial pressure. This isn't money I can simply afford to wait around for indefinitely.

I've tried to do everything properly, followed the advice I've been given, provided reasonable deadlines, and made multiple attempts to contact her through both email and text. Yet I'm still left with nothing and honestly don't know where to go from here.

What makes this even more frustrating is that I feel like I've been bullied and pushed around from the beginning. Even after going through the proper legal channels and having the Tribunal rule in my favour, I still feel like I'm having to fight just to get what I'm legally entitled to.

The ministry of justice has also been absolutely no help.

I'm feeling incredibly overwhelmed, anxious and frustrated. I feel like I've done everything I'm supposed to do, including going through the proper legal channels and obtaining a Tribunal order, yet I'm still the one suffering financially and emotionally.

I don't want to spend months chasing someone for money that a Tribunal has already ordered them to pay. I'm exhausted from feeling bullied and having to constantly fight for myself. I just want to recover what's owed to me, clear my debts, and finally move on with my life.

Any advice, guidance or personal experiences would be genuinely appreciated. I'm really struggling with this situation and could use some direction.

Thank you in advance. ❤️


r/LegalAdviceNZ • • 2d ago

Constitutional & Government Board of my public sector organisation openly lobbying for things to include in the coalition agreement

17 Upvotes

I work for an independent Crown entity. We're governed by a board, which is appointed by Ministers.

Board members have begun openly discussing at Board meetings what things they want to see in the coalition agreement after November 7, and are drawing on staff resources to help with their discussions. It's clear that they are in regular contact with people who will be influencing the coalition agreement directly, and that they believe their views will be considered by those people. The agreements they want are things tangentially related to my organisation's actual role, so not exactly our job, but not totally irrelevant either. These things are not part of an existing policy process or our organisation's work plan.

If they became policy, these things would help a lot of businesses make more money. But since this isn't happening through the normal policy process, there's been no proper analysis of the issues and tradeoffs. At the moment the only basis for the ideas is that someone who works, or used to work, in the industry thinks it's a good idea.

This feels like lobbying and it feels wrong for the Board of a crown entity to be doing it. But with coalition agreements being so important now, maybe this is the new reality? Because if they wait for the new term before they start influencing, the normal policy process will take second priority after whatever is in the coalition agreement. So maybe this type of lobbying in advance is what's required now to get things done?

It doesn't feel right to me, so I'd really if appreciate someone who understands the machinery of government could help me make sense of what I'm seeing.


r/LegalAdviceNZ • • 1d ago

Constitutional & Government MPI stole my half-gallon bottle of Tabasco sauce

0 Upvotes

Unfortunately, this is not a joke.

I ordered a 1.89L bottle of Tabasco green pepper sauce (https://www.amazon.com.au/dp/B00EIHRJ82) back in August from Amazon AU. It finally shipped on 6 October after being on backorder, only for customs, in all of their wisdom to seize it because:

MPI are checking for biosecurity risks, such as insects or plant material. MPI require more information about your parcel or shipment before it can be cleared to enter New Zealand

That's what the NZ Post tracking shows, at least. I'm sorry, what? It's a bottle of hot sauce. Anyway, the NZ Post message says they will contact the sender (Amazon AU) for more information, while the Amazon AU tracking says to contact NZ Post. That is some Spiderman pointing at Spiderman shit.

I've sent an email to the email address listed in the NZ Post tracking and have not heard back. I've literally ordered the same item twice before, so I'm not sure what's different this time. Who do I have to bribe or petition to make sure I receive it? What recourse do I have?


r/LegalAdviceNZ • • 2d ago

Criminal Family Let down lost and unsure how to move forward

11 Upvotes

Location: New Zealand

Sorry for the big post but I think it helps build context

this is a copy and paste of an email I sent to the chief victim advisor however because case is wrapped up she couldn't really help.

Also below is my victim impact statement. In summary the person who did this got 3 months home detention and ordered to pay $1800 damages ( he has not paid and likely won't have too) I am writing this to ask for help in seeking some kind of justice for my daughter. He was with threatening the kill it leads not guilty offer the plea deal for a much lesser charge what I was working at the summary of facts never changed we were not informed of the deal until a couple of days before sentencing but in the summary the charge went from one lamp carry the potential seven year sentence to one that had a max of 3 months. None of it sits right with us. I have included my victim impact statement as it also acts as good summary of what happened. Can anyone help with any advice that may help us to move forward ???

I am writing to try and understand what I believe to be a miscarriage of justice, to inform you and to gain any information that may help have this sentence/trial revised. 

I have attached my VIS from the case in question as it's best way to explain what occurred. In short my then pregnant wife was attacked at our home with a hammer by (name removed) he made threats to her life as well as the life of our unborn child. The impact this has had on our life they his actions has been unmeasurable compared to is frankly pitiful sentence. 

We as victims of this crime have felt let down at every turn by our justice system from charges being drop plee deals being done without our knowing or being able to contest to the judge in the trial being more interested in getting to lunch. We did everything asked of us sometimes even adding to the stress and trauma and feel that in the end  it was pretty much for nothing. 

On 14 December 2024, my life and my family’s life changed permanently due to the actions of (name removed) Until this event, (name removed) was known to me as ( name removed) my mother’s former partner during parts of my childhood. What happened that day has caused severe emotional, psychological, financial, and family disruption that we are still dealing with today.

Description of the Incident

On 14 December 2024, while I was working at the business we owned, my wife phoned me in extreme distress—crying, screaming, and unable to speak clearly. I immediately recognised that something was terribly wrong. I closed our pub, resulting in a loss of approximately $3,000–$5,000 in expected turnover, and rushed home.

When I arrived, our home was surrounded by police. My wife—heavily pregnant at the time—was in shock, crying in pain, and being treated by paramedics. I was informed that (name removed) had come to our home looking for “victim 1 and victim 2,” referring to myself and my wife.

According to my wife, when she told him I was at work—a place he knew—he did not attempt to speak to me there. Instead, he threatened her life and our unborn child. She reported that he swung a hammer above her head and said, “I will kill you and your daughter, you stupid bitch.” He also claimed I “owed the mob $50,000 in drug money,” which police later advised was not true. This statement appeared to be made solely to intimidate and frighten her.

Immediate Impact

My wife was taken to hospital due to signs of premature labour. The medical team managed to stop the early labour, but the psychological damage had already begun. When she was discharged the next day, she became extremely anxious at the idea of returning home, especially because (name removed) had not yet been located by police. Knowing (name removed) as I have throughout my life, these fears were not unreasonable.

As a result, my wife and son had to go stay with her parents. There was no room for me, meaning our family was immediately separated for safety reasons.

Ongoing Disruption to Our Living Situation

After about two weeks of separation, we temporarily moved into a friend’s house near our pub. This was the only way we could live under one roof while allowing me to get to my wife quickly if needed. This period caused major disruption, stress, and instability for our entire family, especially our young son, who became extremely unsettled.

After roughly a month, we were forced to return home despite my wife’s severe anxiety, because we had no sustainable alternatives. What we believed at the time to be “extreme anxiety” was later diagnosed as severe PTSD. We were only able to do this as my mother agreed to come stay with us for a month as my wife was unable to be at house alone. 

Psychological Impact on My Wife

The public mental-health system offered counseling, but it took over a month to even get an appointment—and it was not with someone qualified in PTSD treatment. The process of repeatedly retelling her trauma to different counselors only worsened her condition. Two separate doctors told us she showed clear signs of PTSD, but that receiving proper assessment and treatment through the public system could take years.

Because she did not have a physical injury, she was not covered by ACC, leaving us with no option but to pay for private treatment. This cost us thousands of dollars—money we did not have—yet was necessary to prevent her condition from deteriorating further. She now requires ongoing treatment that we cannot afford at $200 per consult  and which is not

adequately available through the public system.

Financial Consequences

Aside from the immediate lost income on the day of the attack, the long-term financial impact has been significant.

Before the incident, we were negotiating the sale of our business with an expected value of $100,000–$120,000. After the attack and the fear it created, my wife became desperate to leave Ashburton for the safety of our family, especially with our daughter on the way. Because of the urgency and pressure, we were forced to sell quickly for $85,000—far below its value.

This financial loss has affected us severely and continues to impact our ability to rebuild stability for our family.

Impact on Our Family

This incident has:

Destroyed our sense of safety in our own home.

Forced us to relocate multiple times.

Caused long-term psychological trauma to my wife.

Put enormous strain on our finances.

Disrupted our ability to operate or fairly sell our business.

Interfered with our ability to prepare for the birth of our daughter.

Created ongoing stress and fear that still impacts our daily lives.

My wife continues to struggle with PTSD. I continue to live with the guilt and fear of what almost happened—to her, to our unborn child, to our son, and to our family as a whole.

Conclusion

The events of 14 December 2024 have had life-altering consequences for me, my wife, and our children. The emotional, psychological, and financial effects are ongoing. We no longer feel safe, and the trauma has reshaped almost every part of our lives.

I ask the Court to consider the severity and lasting impact of the offender’s actions when determining sentencing and any conditions relating to our safety and wellbeing...

If anyone can advise on possible options moving forward that would be great.

Thank you for a time.


r/LegalAdviceNZ • • 1d ago

Tenancy & Flatting Can you specify specifics in tenancy agreement

0 Upvotes

I'd like to know specifically can I specify that a drier that requires venting is not allowed to be used due to moisture damage.

Most driers these days tend to not need venting but im sure the vented driers are still sold.

Its not really possible to put venting in without considerable work


r/LegalAdviceNZ • • 2d ago

Insurance Hit a car and need legal advice (no insurance) and a broke student.

1 Upvotes

Got into an accident without insurance; rookie mistake, I know. There was no damage other than a paint loss to my car, and the only damage to the other car I can confidently link to the contact was a small paint mark (from my car) and the rest of the damage is minor scratches.

Their insurer has now sent through a repair bill covering considerably more. There are charges for both bumper replacement and plastic repair, extra equipment fees, and work around areas that seem outside where my bumper made contact. The descriptions don’t clearly explain what some charges cover or whether they overlap.

They’ve provided photos taken afterwards, but nothing showing the car’s condition before the accident or clearly explaining how all the damage was connected to it. I understand there could be damage that wasn’t immediately visible, but I want the additional work explained and proof it wasnt there before.

What should I request to check that I’m only being charged for damage caused in this incident, and would an independent panel beater be able to review the photos and bill?

Another thing is, when I pointed out some of these details and weird charges they offered to lower the price by 15% if I paid now. Is this normal?


r/LegalAdviceNZ • • 3d ago

Family & Relationships Indecent exposure on private property

16 Upvotes

Hello, I am writing on behalf of a friend who has told me that when she was much younger, a member of her household would repeatedly intentionally expose himself to her (and others in the house). She asked him repeatedly to stop and he never did.

I thought this sounded disgusting but when I looked up our laws on indecent exposure, it seems they only apply to public property. So was her family member not doing anything unlawful when he did this?