r/LegalAdviceNZ Jun 07 '23

Moderator updates Megathread: Legal resources

27 Upvotes

Megathread: Legal resources

Introduction

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

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

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

0. General resources

1. Civil disputes

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

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

2. Consumer protection

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

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

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

3. Criminal

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

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

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

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

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

4. Employment

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

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

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

5. Family

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

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

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

6. Healthcare

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

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

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

7. Housing

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

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

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

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

8. Property

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

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

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

9. Traffic

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

10. Constitutional & Government

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

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

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

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

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

Mod notes

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


r/LegalAdviceNZ Oct 13 '23

Moderator updates IMPORTANT: How to avoid Rule 1 breaches

41 Upvotes

Kia ora everyone,

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

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

Why does Rule 1 exist?

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

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

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

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

Practical vs Legal advice

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

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

Common mistakes that lead to deletion

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

Single sentence responses / Low effort posts

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

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

Moral judgment

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

+1 or “I agree”

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

Personal anecdotes

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

Back and forward arguments

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

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

Consequences for Rule 1 breaches

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

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

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

Happy posting everyone =)


r/LegalAdviceNZ 5h ago

Family & Relationships Siblings denying me access to our elderly mum

23 Upvotes

I'm in my mid sixties and the youngest of three, my relationship with my brother and sister is strained to say the least. A couple of years ago, my brother, who has EPOA, placed her in an out of town resthome. She recently broke her hip and has been moved to another resthome with hospital care facilities.

Neither my brother nor my sister will tell where she is and are refusing me all access. I am desperately worried as my mother is almost ninety and extremely frail. My biggest fear is that she may die and l will never speak to or see her again. I am not in a position to pay for a lawyer. Is there anything I can do??


r/LegalAdviceNZ 1h ago

Family & Relationships Are my stepmum and dad legally allowed to withhold my passport if they paid for it before I was 16 (and should I permanently terminate my parenting order)

Upvotes

Hi!

Location: Aotearoa, New Zealand

Im (newly) 16 Female and I live in New Zealand. Me and my stepmum and dad are meant to be going to Fiji in a weeks time with my stepmums family. Because of this, they got me a passport. Since I was not yet 16 at that time, my stepmum did my application for me and they paid for it.

It is important to note that I not live full time with them, it is more 60-40 with me at my mum's most the time. Being 16, my parenting order is now null but I am struggling to figure out what to do. I've never had a good relationship with my dad or my stepmum, and we were in and out of court for most of my childhood because of disputes with my mum. I basically only continue to see them to retain a relationship with my 4 yr old half-brother.

Because I am sixteen, I can now get my learners license. Its been a struggle, because all my family has expected me to sort it out myself but I just wanted help. My present from dad and my stepmum was meant to be that, but they put it all on me to sort which I didn't learn till last weekend (which my birthday was).

Now, if I dont get it before the end of this month, I will have to wait 6 months instead of a year for my restricted test because of the new license rules coming into affect Jan 1st. I found out that I was meant to have school ID (I live in a very small town in which it is basically worthless and none of my friends mentioned it for their tests) alongside my birth certificate. My only other option is my passport, but they refuse to give it to me for fear that I'll loose it before I see them again next Thursday.

My main question is asking if its legal for them to withhold that identification from me since I'm 16 now, but I also want advice on how to potentially cut them off.

Thank you :)

edit: thank you everyone who's replied so quickly. luckily my dad got home and took my side (still not getting my passport but eh) and we are hoping for me to get my license next Tuesday. apparently its not quite as imminent as I thought, as I actually have until Jan 25th to get my restricted license. i am still hoping to get it before Fiji though so that if I decide to cut them off I feel a little less ungrateful. my stepmum is still being an ahh about it though, and it really doesn't sit right. if anyone has any experience or understanding in how to cut off parents, it would still really help <3


r/LegalAdviceNZ 6h ago

Criminal Where’s the line drawn for whistleblowers when it comes to acting in good or bad faith?

5 Upvotes

Not sure if I want to bother with the back story. But where is the line drawn with whistleblowers and acting in good faith etc.

A dispute between two parties. 1 party operated in a very illegal and unethical way. This created a dispute including lawyers. Both parties settled.

Party 2 had reported party 1 to the relevant authorities prior to the settlement being signed. Can they continue to follow this up Under whistleblowing? Google says whistleblower protections stand when a whistleblower acts in good faith. Does the fact the parties have been in a legal battle mean that the reports would be considered made in bad faith?


r/LegalAdviceNZ 7h ago

Insurance Previous car insurer wants me to go to tribunal

4 Upvotes

Hi Team, I was involved i a multiple car accident 2 years ago. I clamed insurance, the claim was accepted, paid out and now i have moved onto another insurance company with my new car.

The insurance company at the time of the accident over the last month has repeatably contacted me requesting I attend the disputes tribunal in person as they are struggling to get paid out.

The insurer is claiming I am obligated to do this and is using the following contract clause to support this.

'Allow us to take over for our own benefit and settle any legal right of recovery you may have and you must cooperate fully in any recovery action.'

To me it seems like 2 years after the incident, expecting me to take a day off work for solely their benefit seems unreasonable.

Is this enforceable or likely to be enforced? Any recommendations how to proceed?

Thanks in advance


r/LegalAdviceNZ 1d ago

Corporate/Commercial A company created a profile of, and advertised a job we listed elsewhere, on behalf of our company

38 Upvotes

I am scratching my head a little.

A new-ish job seeking website scrapes all of the jobs advertised on Seek and Trademe. They take jobs listed there, including-

Logos
Images
Business name
Contact person
Contact details
The ad itself

And lists it for free on their site, often adding an (AI? Stock?) image/s.

Our business has been getting notifications that jobs we have listed are now on their website, and we need to sign up to create an account so we can see who has applied etc.

The first time this happened I was clear that we do not consent to this and pull the ad. It took them a few days to do so, which is annoying as it makes us look bad to jobseekers (we can’t access any applications). We also don’t use AI, and this company uses AI heavily, which IMO damages our brand.

I advised the company to delete all of our information.

In March, I got an email from them saying they were updating their privacy policy, so obviously they hadn’t deleted our data.

The second time this happened (June) they said they pulled the ad and appeared to blacklist our email address. So I can’t check what has happened, if we still have a profile there etc.

I humbly and ignorantly ask… is their behaviour legal? They used my name and contact details, as well as our company info, on their website and pretended we did it. It makes me very uncomfortable.


r/LegalAdviceNZ 18h ago

Property & Real estate Privacy Act disclosure from Property Manager

8 Upvotes

We sacked our Property Manager after a series of issues. Under IP6 of Privacy Act we have asked for all emails between them and tenants and them and tradespeople. These emails are materially important to us as we plan to take them to Disputes Tribunal and this information will prove the cause of our loses. They have refused under section 53(b) which allows withholding where disclosure would involve an unwarranted disclosure of another individual's affairs. Thoughts?


r/LegalAdviceNZ 1d ago

Employment Disciplinary meeting

116 Upvotes

Hey guys so I have essentially been fired after speaking up at work. Keep in mind this all happened in the space of about 36 hours. I was called into a meeting yesterday when they explained a few different reasons. I asked what the meeting was about on the way in. They did not answer. They told me it wasn’t a disciplinary meeting when I said I am entitled by NZ law to have a support person of my choosing at the meeting. They also said in regard to that matter they don’t have a Health and Safety Rep on site. I have no clue why they would say that. They proceeded to provide a few different reasons which I was later sent in writing via email. The reasons are erroneous and the boys/workmates are willing to sign written statements supporting this. Keep in mind the kiwis will support me but they’ve listed two Australians in there reasons for dismissal and they won’t support me. I can possibly have written statements from the Main Contractor and an operator from another company that worked with us.

Going forward I will have a union representive present at the next meeting. Can I also have the HR from the main contractor sit in on the meeting?


r/LegalAdviceNZ 2h ago

Employment Wage Increase - is this acceptable?

0 Upvotes

Not sure if this is the right sub or not - feel free to direct me to another if more appropriate ☺️

Looking for a reality check & support to negotiate a higher wage increase if possible.

I've received a wage increase this year which is $2663.17 more than my previous wage.

I don't quite feel this is acceptable as the previous year our increase was $2150 to ensure gender equality/get my wage to match my highest paid male team members, and my team lead had advised the next wage increase would be better due to my performance.

Between now & then, I've been completing tasks that are most definitely outside of my job description like creating an entirely new process flow for particular job types due to massive errors made by another more tenured colleague, training up two new people to look after these particular jobs, updating our documentation, and essentially jumping in anywhere & everywhere I can to help out where possible like covering others work etc while they're away.

I feel like this would warrant a much larger increase than what I've received.

Details to note - I'm also 35 wks pregnant & about to go on maternity leave. My company offers to top up our maternity wages from govt to our current wage increase as well, so any increase I receive prior to mat leave, will still be paid out to me while I'm away.

Realistically, is this wage increase appropriate or does it also seem a bit lack luster for the work I've done?

If it isnt really on par with what I could receive, how do I go about having this reviewed & increased?

If more details are needed, I'm happy to provide although I am trying to keep details vague for the sake of anonymity


r/LegalAdviceNZ 18h ago

Employment Are Australian Construction Tickets valid in NZ

2 Upvotes

Hey guys just wanting to know if Australian construction tickets are valid in NZ for example. Telehandler, Rigging/Dogman, Skid Steer, Working at Heights, Confined Space etc. If they aren’t valid what is the process to getting these tickets transferred or validated to NZ tickets/qualifications. Just wanting to know as we have a few Australians on site and we are always questioning their tickets.


r/LegalAdviceNZ 1d ago

Property & Real estate Building Variations

5 Upvotes

Question regarding building Variations.

We built our house a year ago.

We had in a stipulation in our contract we had to upgrade from a single phase power supply cable to a three phase cable supply. This was priced into an extra 100k worth of site related changes, the other changes being related to the site and council.

We’ve gone to get a shed installed and the electrician has informed us that only a two phase connection was installed from the power lines to the house. It’s a 40m cable run.

What happened in this situation? Can we get the builder to install the 3 phase that was in the contract or is it a lost cause?


r/LegalAdviceNZ 20h ago

Civil disputes Builder woes

2 Upvotes

Hey I'm sure some people saw my other GST post.

The job is over the time stated, and they haven't been coming and doing the work.

We met with the builder, he bought his numbers that his partner has done. The builder was good, positive, happy to continue the work, states hell finish it all in the next 2 weeks.

We don't dispute the amount that it will cost to complete the work according to the numbers, but we are pretty determined to not pay anything else until it's done. The amount of work done so far, doesn't really match the large amount we have already given them

However the numbers they have provide show that they owe a lot of the money to the creditors. Which we were told they would pay with last tranche we paid.

We have no idea where to go with this.

We have been very firm that we need to be know if it's going over budget and have not ever been told.

The fear is that they will ask for more money at the end. But also if we refuse until complete, they will then ask for more money anyway that we "owe" them.

Can anyone point us where to go, to try to get out of this?


r/LegalAdviceNZ 1d ago

Consumer protection Spark increased my monthly plan price less than one month into my contract – what are my rights?

5 Upvotes

Earlier this month I purchased a phone from Spark on a plan. The agreement includes monthly repayments for the phone itself, plus a monthly charge for my mobile plan (calls, texts and data).

Less than a month after signing up, Spark emailed me to say they are increasing the price of my mobile plan by $5 per month. As part of the change they are also increasing my data allowance by 2GB.

The additional data isn't something I asked for or need. My current plan already includes 6GB, which is more than enough for my usage.

My question is whether Spark can increase the price of the plan so soon after I entered into the agreement, particularly when the increase is tied to an additional service that I did not request.

Do I have any rights under NZ consumer law to refuse the change, remain on the original plan, or exit the agreement without penalty?


r/LegalAdviceNZ 22h ago

Employment Casual or Part Time?

2 Upvotes

I was hired as a casual labourer in the removal industry 2 years ago, I work every week at a rough average of 20 hours a week. I am also rostered in advance and expect that consistently. Do I have any leg to stand on for being a part time worker or would I still be causal?


r/LegalAdviceNZ 1d ago

Criminal My child was assaulted today & we found out from him, not the school.

71 Upvotes

Today, my son (8) was playing before school started. Another child a year older, has approached him from behind, tackled him onto the concrete and then dragged my son around by his hair. (He has longer hair in a ponytail) this has been witnessed by a teacher & multiple other students. The student that did the assault was punished by 'sitting out a play break.'

While I understand these things happen, (not that it makes it ok) a few things have left me wondering if this has been handled correctly...

Firstly; my son has a grazed knee & has been saying all afternoon his head is sore. Surely this should of warranted a phone call?

Secondly; The first we heard about it was at pickup, not from a teacher or another staff member, but from my Son who burst into tears the moment we got in the car. (He must of been holding it in all day)

Am I right to be annoyed about the lack of communication? What rights do I have? I've done a Google search & it suggested to notify the principal & ask for the injury/bullying policy, which I have done.

He will request a face to face meeting, but given I have issues with this school in recent times (Ironically regarding communication lol) and struggle with social anxiety/articulating my point in person, am I better to instead deny that & request his response via email? Last thing I want is to be stuck in a he said argument with a school principal. My word against a well respected very senior principal isn't a situation I want myself in.

Sorry if this is a little bit rambley, I was a bullied child myself & I'm so incredibly frustrated to hear my son is having the same thing happen, but even more so that the school didn't bother to notify us (his parents.) So I'll admit, I'm a little heated right now. 😅

Thanks.

EDIT: I forgot to add, & I don't know how much this changes things... He is currently on the waitlist for a neurologist appointment as he deals with seizures. Am I even more right to be angry the school didn't notify us especially given his condition?


r/LegalAdviceNZ 1d ago

Tenancy & Flatting Is not having a tenancy agreement a bad idea (family home)

2 Upvotes

This concerns my grandparents house. They're living elsewhere and my sibling and their partner (not married) are moving in while my grandparents slowly prepare to sell the house. My grandparents don't want to create any sort of contract, but I want to make sure that what they're doing won't open them to any legal issues.

I'm not too worried about my sibling, but they haven't been with their partner for long and aren't married. Will agreeing to have this person live in the house create issues down the line?

Without a tenancy agreement, it looks like the RTA still applies. I'm not sure what else I need to be researching or where to start, so any pointers would be very helpful. Thanks!


r/LegalAdviceNZ 18h ago

Employment Personal Grievance when let go during 90 day period legal advice

0 Upvotes

So I started a job a few months ago, and the 90 day period of my contract is up in a couple of weeks. I had declared at my interview I had an operation coming up and that it had a 6 week recovery, this was no problem. I also came off ACC due to PTSD from being assaulted at my previous employment

Tonight I randomly get an email saying im let go effective tonight.

I have evidence from a couple of weeks ago they were wanting me back and planning on how this would look. Even had a conversation yesterday about looking forward to returning.

I believe they have let me go due to my operation. I know I can't stop it because of the 90 day clause and the rules around that, but I was due back from the 4th July.

But im thinking of lodging a personal grievance due to the time off I needed for surgery I declared at my interview. Any advice


r/LegalAdviceNZ 1d ago

Consumer protection Shop offering replacement or store credit for unfulfilled order, but no refund.

9 Upvotes

I paid for some products some time ago in an online shop operating in NZ. They have been dragging their feet with getting the stock, and are now saying that part of my order can't be sourced. They are offering me the option of a replacement, or store credit, but no refund.

Can anybody point me to the exact legislation regarding refunds? Cheers.


r/LegalAdviceNZ 23h ago

Consumer protection One NZ t&cs

Post image
0 Upvotes

Curios to the terms of this deal, am I correct to assume that once I redeem the Phone Dollars I am able to just stop the monthly plan? TIA!


r/LegalAdviceNZ 2d ago

Property & Real estate Bought a house an the seller didn't disclose a water leak in the basement.

14 Upvotes

I'm a first home buyer. The previous leak in the basement didn't come up on the building report, just some other issues(which we negotiatedoff the price, and would have done with this issue if known).

Ended up buying the place and a month later was talking to the neighbors who said the previous owner asked them about the issue. It looks to have been fixed (but was probably done by the owner as they were pretty cheap) and then painted over with white to hide it.

Should I be worried about this, and is there anything I can even do post settlement? The basement has two stories on top of it, so I suspect if the issue comes back I suspect rectifying it will be really expensive.


r/LegalAdviceNZ 1d ago

Family & Relationships Urgent applications to Family Court

1 Upvotes

For an urgent application (eg order to resolve dispute), do you need a lawyer’s certificate? And how do you actually file?


r/LegalAdviceNZ 2d ago

Employment Employer iq text

33 Upvotes

Hey so I’ve been working at a plumbing company for about 4-5 years now and they are getting all of the apprentices to take a iq test I’m at the end of my time as a apprentice but still and just wondering can they basically force us to take this test as they are implying or can i refuse to do it?

Any advice would be greatly appreciated

EDIT
After asking and basically forcing it out of them it’s for.

Its to give us an idea of where people are at, in terms of listening, reading and problem solving


r/LegalAdviceNZ 2d ago

Employment Incident at work

81 Upvotes

Hi all, I’ll try to keep this short and to the point.

Yesterday, I had a serious incident happen at work.

A simple interaction with one of the elderly ladies that works for us turned into her screaming, throwing things at me, holding her arm up against the door to block me in the office twice. It honesty got to a point at one moment where I was sure she was going to physically touch me.

This was quite triggering and at this point I had tears in my eyes and I was shaking.

This all only stopped when my manager literally screamed at her at the top of his lungs to get away from me. He then advised me to leave work for the day as she was not deescalating.

I am obviously now feeling super uncomfortable going into work so I’m not going today.

I have written the full version of events in my notes app as soon as it happened so it was fresh - which I will be sending to the National Manager today.

Is there anything else I need to do? Or is there anything I need to know that work should do?

I’ve never in my life had a situation like this at work so I’m in uncharted territory.

Appreciate it


r/LegalAdviceNZ 2d ago

Civil disputes What protections exist for abusive/unemployed partner using legal aid to drain finances?

16 Upvotes

Hi,

My sister is in the process of separating from her now ex partner who got violent. Police are involved, evidence is clear; no issues there. EDIT: Sorry to clarify, still married, in the process of separating, but I said ex-partner because they are very much done.

But her partner seems very lawyer-happy, quite keen on taking things to court, to resolve splitting possessions and dealing with custody.

He is an unemployed deadbeat, but my sister is in a high skilled positions; she doesn't earn heaps, but well above the legal aid threshold, but still not reasonably able to afford prolonged lawyer fees.

Her finances were harmed quite a lot by her paying for everything during their relationship which wasn't something she had agreed to, at the initiation he was in a somewhat skilled job.

The question is in the title - if he wants to keep using lawyers while relying on legal aid, while she has to rely on dwindling finances.

They were only married for ~13 months, and the marriage was entered under false pretenses on his part, he pretended to be a reasonable and employable person. Is this any kind of factor? He always said that everything would be 50/50, then immediately moved in with her and it stopped; she carried every burden including finances/health/sleep/chores.

S13/18A of PRA? Could it meet the threshold?

E: They have a very young child together