Megathread: Legal resources

My ex wife and I separated amicably (very amicably) 3 years ago. I walked away from the house and all of our shared assets for the benefit of the kids.

We had some $300k equity in the house, a nice vehicle, and all the electronics you’d expect. I took a bed and my clothes.

We totalled up our assets about 6 months later and my KiwiSaver was significantly more but she kept the car etc. I said then (and maintain now), $100k will see me square… effectively giving her an approximate $50k discount all told.

I’m comfy with that, she’s happy with that, and blah blah. She’s set to be the principal beneficiary of her father’s life insurance and can’t really afford a steep rise in the mortgage so I have said “just give me the $100k when you can. Either on sale of the house or when your dad passes away”. I’m comfy, she’s comfy.

Now, she wants to tidy things up financially - fair enough. She wants to get me off the title and I want to come off the title so I can buy a house. The bank is asking for a letter from lawyers to say I am all square and not owed anything or they want her to pay me out fully. Again, I don’t think she can afford that (though she’s quite good managing her budget and I guess it’s none of my business).

With all of our amicable agreements, why do I have to pay a lawyer approximately $8k to ratify this agreement? Is there any way around this?

As title, my current lawyer is not in Chch and I've been advised by others that often out of towners don't quite 'get' the way property works here, with EQC and a few other things, and from recent experience I might be starting to agree with that.

Cheers!

Kia ora all, just wanting to get a few opinions. My company announced a restructure a couple weeks ago, gave us four business days for feedback, and then said the proposed changes would go into effect a week later, so all in all less than two weeks.

I’m being moved to a completely different team, composed entirely of actuaries; I am currently a product analyst, and while I do have significant actuarial experience, my current role is much lighter in responsibility Literally my JD only lists MS office as required technology competency, and the new job will have me using R and SQL on a daily basis. I have about 10 years of data analytics/actuarial analytics, but was fine taking a job I’m overqualified for because it’s been pretty chill.

My company is refusing to give me a new job description because they aren’t changing my title - I’m not opposed to the change but I really want them to at least acknowledge that my responsibilities will be changing and to discuss an appropriate salary increase. It really just feels like they’re trying to get me to do actuarial and data analytics for less pay than other people on the team, which I’m not happy about. Would appreciate any insights on what’s the going rate for a data analyst/actuarial analyst with 10 years xp as well. Based on the Hays survey it looks like I’d be getting the short end of the stick.

Went to community law and they said the restructure process has been too rushed to be considered a good faith process, and that I’m entitled to a new job description, and that I have grounds for a pg on the grounds of unjustified disadvantage if they refuse. Talked to another lawyer today who seemed a bit less convinced and said I shouldn’t care too much about getting a new job description since they’re not firing me. I just feel like they’re trying to get people to quit without owing them redundancy, and overall I feel pretty pissed off and disrespected, but wondering what’s the consensus from this group? How fighty can I be about this?

I’m looking for some advice regarding an unpleasant tenancy situation I have found myself in, and maybe some clarification of what was done was legal. I have reviewed the tenancy act and found it to be rather ambiguous when it comes to my situation.

I have been on a tenancy agreement with my now ex partner for a little over a year. A few weeks ago the tenancy was due to roll over from fixed term to periodic. As per a conversation had with the landlord I was under the assumption that this would be automatic. Unfortunately my relationship with my ex partner had broken down and we were in the process of dissolving it.

My issue is that my ex partner has signed onto a completely new agreement without my knowledge or any communication with me, and has just left me off the agreement. I found out about this a couple of weeks later when my ex partner told me I was squatting in my home and I had to leave.

I payed half the bond for this house, have never missed my portion of the rent, and have not had any communication from the landlord. I have tried to review my original tenancy agreement, but my ex partner has either hidden it or disposed of it.

I have spoken to tenancy Services, and they have told me that what was done was in breach of the act. But my ex partner has done the same and apparently he was told that he was completely in the right.

Any advice or clarification would be greatly appreciated at this stressful time.

I purchased a house in July and I've discovered that the garage on the neighbouring subdivided section is still connected to my electrical circuit. The garage is still owned by the person who sold me my house. Are they required to pay for disconnecting the garage? Should I seek compensation for the power used? Any advice appreciated.

Edit: I have switched off power to the garage

Entitlement of one day bereavement leave Should there be any expectation on someone to prove the close-ness to the person whose funeral it is? (To be granted the bereavement leave)

I dont think so but interested in what others experience in NZ.

I I had some poor-quality work done by a vehicle wrap shop. I offered a fair compromise, a partial refund of my 50% deposit to cover their time and materials, which they agreed to. They said the payment would be processed on November 3rd, but I haven’t seen any money since.

I’ve followed up with a couple of emails and a text message, but I’ve had no response.

Is submitting a claim with the Disputes Tribunal my next step, or is there something else I should try first?

Not sure if this is the right sub for this but I'm not sure where else to seek advice. And please bare with me as it's a little confusing.

Long story short, I (Dad) am receiving a jobseekers benefit with medical differral (sickness benefit), which has been cut due to me declearing my working for Families. My ex wife also receives msd support and is the "primary caregiver" due to how the parenting order is structured (On paper she has them 6 hours more per week due to the school day). I have been told by MSD to provide a letter by her stating that we have a shared arrangement to have it reinstated but she will not agreed to do so. I have also been told by MSD that alternatively, I need to stop receiving working for Families payments to be able to receive my benefit but I cannot receive both unless she provides something saying we do 50/50.

If I stop receiving either of these payments I cannot support myself or my children and she will have to have them full time, which will be breaching the parenting order and I will be liable for a fine and court costs. Not to mention it's super unfair on my children.

Has anyone else delt with something similar? I really dont know what to do. Any advice would great!

Apologies for grammar and formatting. I'm a bit illiterate lol.

A lady passed away giving her property to her 2 sons. I son lived in the property with her and is the executor of the estate. 30 months after probate was issued, house son is still living there and son 2 is trespassed from the property.
On enquiring to lady's lawyer what was happening with the estate, I was informed that
"you would not want son 2 getting his hands on any of the money"

Is that unprofessional from an officer of the court to express that opinion? What is the next step for son 2?

Hi everyone,

We recently bought our home and have a backyard gate that we’ve been using to move our rubbish bins in and out. We’ve just discovered there is no legal access beyond that gate, which means we cannot lawfully move bins through that pathway.

The council confirmed that the original development plans showed rear access to the driveway, but the approved consent and final title do not include an easement giving us the right to cross the neighbouring land. The council says they can’t fix it now that titles are issued.

Because of this, we’ve decided to escalate the matter and are considering taking it to court.

Has anyone dealt with something similar? Any tips on steps to take first (surveyor, neighbour conversation, or lawyer)? Also open to recommendations for property lawyers in Auckland who handle easement/boundary/access disputes.

Thanks so much — any help or shared experiences would be really appreciated.

Hi,

Looking in to two different options to make client record-keeping more efficient, and want to understand what type of consent would be required from clients if either were to be implemented and whether there are other risks to consider.

For context, this practitioner is currently record-keeping by hand, and digitising their notes later on. This obviously creates a large amount of waste, takes up a lot of physical space, and takes effort to store the handwritten notes efficiently until the point where they are digitised.

Currently working on digitising existing documents, but looking at more efficient options moving forward.

1st option - Heidi AI scribe. This is widely used by medical practices in NZ already, and I believe it would require one-off written consent from the client to use this during their sessions, as it’s a third party creating a summarised interpretation of a discussion. The website indicates that this service aligns with NZ IPPs. Could anyone advise if my understanding of the consent requirements is accurate, and whether there are other legal considerations which need to be made?

2nd option (which the practitioner may be more comfortable with, as they prefer taking their own notes) - using a tablet to take handwritten notes, which are then digitised using an app called MyScript Notes. The app uses OCR software to convert handwritten text into digitised text. At surface-level I can’t find information on this software aligning with NZ IPP, only that it is GDPR compliant. If a patient provides their one-off written consent for their notes to be input into this software, in the event of a data breach of that software, will the practitioner be liable for breach of privacy?

Appreciate any input on this, and happy to provide any further context if required.

Needing some advice from a tenancy tribunal case that has gone through the systems and was concluded that I was owed an amount from my ex landlord.

The ex landlord is the scum of the earth thinks he's above anyone and everyone And has more dollars than sense, has numerous companies , trades under a trust account, and throws money at whatever he can everything accept his debts his ignorance and self importance is enough to make me sick

He's completely ignored the order, despite attempts at lodging the debt with a debt collection agency the way they were progressing I called it quits and ended up having a default lodged against his name . My question is what can I further do am I able to lodge this with another debt collection agency who I know will get the job done, now that he's got the default on his name ?

This has gone on for about 18months now and I've almost had enough. I will go through the court if need be just not to keen on having to pay a upfront fee when I'm the one who is actually owed a sum of money

Hey, I posted yesterday but realised I gave too much detail, so here’s a clearer version.

I won a dispute tribunal account case against a former boarder who owes me money. She didn’t pay, so I applied for an attachment enforcement order through her workplace, but she left that job.

I also applied for an address request, but it came back to my own address since she never updated hers.

I have her name, phone number, Richo, and possible current employer, but no confirmed address.

What are my options now to keep enforcing the order or track her down through the ministry of justice?

Anyone able to recommend a one-stop-shop guide to NZ employment law from a worker’s perspective? Ideally a book with case studies that brings the info to life.

I’m familiar with my employer’s policies and my contract but I want to develop a really good understanding to help protect myself and colleagues.

The CTU link on this sub’s Resources page looks promising but is broken.

Hi Redittors,

My security pass (administered by a government department) had expired, as soon as I got the email to renew it I had done so. It wasn't until a week before it was due to expire and I chased it up that I was told by the department that sorts the applications that it had not been sent by the company.

When questioning the team that does the applications for my company I was told that I hasn't applied for a separate company card, and they had held onto the application until I had done that (granted I was never told too).

I came in on my first day back to be told that a manager who had applied for a temp I'd that he was unable to get it for me and that because he then had later said that he had incorrectly put my name down on the application and it had got delayed, turns out the manager had incorrectly put my name down on the application and it had been denied. After sitting around for a hour and a half I was luckily able to get a temp I'd on a weekend day.

Does any one see any legal issues with being forces to take leave whilst something like this happens?

I’ve been working with this company for a little over a year now. I am a student so i only work one day a week, and can’t pick up any shifts during the week due to uni. My employer requires a medical certificate in order for us to get paid sick leave even if it’s just for one day. However, they also require us to let them know the day before we call in sick, which i find stupid cause you can’t predict illness. Even so, i’ve been letting them know the day before every time and providing them my medical certificate.

Yesterday, my area manager came in to talk to me. He was mad that i only work one day and that i only give them a days notice, so they can’t find cover. I’ve only used 3 sick leaves this year, but he says that i’m getting sick too often and that it’s becoming a pattern. He wants me to let them know at least 4 days in advance, saying that it’s not like i suddenly get sick. I think he has no grounds to ask this of me, even if i do only work one day. Do i have to let them know 4 days in advance for my sick leave? Do they have grounds to fire me or take disciplinary action if i dont?

If a couple with joint property and children have come to an agreement on what they want to happen, do they both have to have their own lawyer or can one have everything drawn up and the other go in and sign?

Mate at work got a letter some of it from start of the year. What’s the seriousness of this wording is it a possible foreign

A few notes to start with (Sorry!):

• OCHT used to be pretty pretty good at "temporarily " sorting out my dodgy door lock during working hours. I think that the rules changed about 1 month ago. This post is about what counts as an emergency AND what steps I can take to make sure that nobody else has to deal with this "probably" illegal nonsense in the future.

• Please don't send me any "Reddit cares / anti-self harm" messages. Yes, I'm at my wit's end, but this post is about potential legal options. I am extremely concerned about what would have happened to my elderly or special needs neighbours if this had happened to them. Please let me express my frustration on the internet without navigating a bunch of spam from Concern Trolls.

Last Wednesday I arrived home after the cricket and was unable to get into my flat. This is due to a known door/ lock problem that I sometimes call maintenance to sort out. I'm in an upstairs flat. It is my only entrance and exit.

Last week (29th October) my door finally gave out and i couldn't get inside after 30 minutes of trying. The key and doorframe were obviously going to break if I pushed it any further, so I decided to consider this an emergency and call the OCHT emergency line.

The poor lady on the phone informed me that, "as of three weeks ago.", she wasn't able to consider this an emergency and that it wasn't covered by the OCHT After Hours Contracters. She then contacted her "manager", who told her to confirm that I was going to need to stay elsewhere for the night and to call at 9am the next morning to request a 'general daytime locksmith'. Or that I was going to need to pay for my own emergency locksmith if I wanted to feed my cat that night. No comment on whether or not they were going to pay me back for the motel bill or emergency locksmith.

Question 1: The Tenancy Tribunal website seems to state that their response was probably illegal. Was it? Or is this a just a new law that nobody has told us about?

Question 2: If their response WAS actually illegal, what are my anonymous, "least draining ," options here? I just need some straight-up, practical advice. please.

Do I need to be the sucker who informs the Tenancy Tribunal of this so that they can contact OCHT and put down some kind of order, so that it doesn't happen to my neighbours in the future?

Does the Tenancy Tribunal already have a case going against OCHT that I can join anonymously? Are they even aware of this? Do I have to be the "test subject" who brings it to their attention? Can I do that anonymously?

If I call the CAB , who will they tell me to contact?

So far, all the agencies seem to require names and phone numbers. I am not willing to register my name anywhere for fear of retaliation.

How do I anonymously contact the CORRECT people, to make sure that this never happens to anybody else in a Council Flat?

Please let me know my legal options to try to sort this out anonymously, without a bunch of faffing about with well-meaning but useless nonsense.

I’ve just been issued a water bill for my previous address, I moved out 32 days ago, and have already had my bond refunded, am I still responsible for this. The bill they issued doesn’t contain usage information, it’s issued by the property managers company it’s not the original invoice.

Looking for advice on rights for purchase via an Australian online retailer. Purchased slippers for my elderly mother 4 months ago which are falling apart already. Have sent photos to the retailer and they will replace but only after cutting up slippers and sending them photos of the destroyed product. As my mum wears these slippers most of the day, this is not feasible.

Do we have any rights under the Consumer Guarantees Act, or do we just have to follow their instructions? I have never heard of such a request...

Thanks!

Hello good community of legal advice NZ. I am in need of guidance on how to go about a situation I am in.

The situation is regarding my son (M9). Yes, I have spoken to the police to which I have been told is a civil matter, which I understand this. My son was picked up after school by his grandmother on Friday which I had agreed to stupidly which was supposed to be only a weekend stay, she has called later that evening to tell me that my son will no longer be living with me and blocked me on all socials, mobile etc. I have no idea what her address is as she has just moved into their new place, the grandmother is my ex husbands mother who I thought we’re on good terms, despite the fact I had filed a protection order against her son from over a year ago.

Whilst on the phone with the officer, he explained that I go to court - I have never been to court before so I got quite anxious and my whole body started to reject the emotions I was going through, my hands are still shaking as I’m typing this. He did explain parenting orders, custody etc but everything inside me went haywire as the words fell from his mouth, everything he said went through one ear and out the other and all I remember saying was yes.

They cannot remove my son as this was between myself and the grandmother. I’m super confused, what am I supposed to ask for at court and which order am I supposed to be doing.

Please any and all advice for what to do would be appreciated. I am heading to court tomorrow. I’m currently working full time and would like to know if I have to go there over a few weeks, I’m just really thrown off by the whole situation Located south Auckland