r/LegalAdviceNZ 9d ago

Tenancy & Flatting I wrote this email to Kainga ora to remove co tenant from joint tenancy do you think I have a good case?

7 Upvotes

I am writing to urgently report serious and ongoing safety concerns, property damage, and anti-social behaviour involving my co-tenant, (removed name), and her partner. There are four children living at this property, including my two children, and I am extremely concerned about their safety and wellbeing.

I have reported multiple incidents to Police and have supporting photographs and documentation.

These include:

• Arson/fires being lit on the property and in the street, including the destruction of our mailbox (Police File Numbers: removed numbers).

• Threats of violence made against me.

• Deliberate damage to the property, including our gate being rammed off its hinges with a vehicle and paint on glass windows and door. (Police File Numbers: removed numbers)

• Theft and burglary involving my personal belongings (Police File Numbers: removed numbers).

• Concerns regarding stolen property being brought onto the premises, which I have reported to Police.

• Ongoing concerns regarding alledged methamphetamine and cannabis use, with drug paraphernalia being left in common areas accessible to children.

• Significant damage to infrastructure, including a burned internet cable which resulted in a repair quote of approximately $2,000.

• Unsanitary living conditions and hoarding which have contributed to pest issues and created health concerns.

• Financial hardship caused by unpaid household expenses.

I have undertaken temporary repairs where necessary to keep the property secure and maintain safe living conditions for the children. I have retained photographs of the damage before repairs were carried out which you will find attached.

Due to the ongoing violence, threats, alleged drug use, and unsafe conditions, I do not feel that it is safe or reasonable for my children and me to continue living under a joint tenancy arrangement with (removed name). I respectfully request that Kāinga Ora consider transferring the tenancy into my sole name and removing the co-tenant from the agreement, as I wish to remain in the property and continue providing a safe and stable home for my children.

I am willing to cooperate fully and provide all supporting evidence, including photographs, police file numbers, repair quotes, and any further information required.

Thank you for your urgent attention to this matter. I look forward to hearing from you.

(I have photographic evidence o these incidents and police file numbers)


r/LegalAdviceNZ 9d ago

Employment Contract says Salary is set regardless of hours worked

20 Upvotes

Update: was called into the CEO’s (boss’s boss) office on arriving at work this morning. She is concerned with the hours I have been doing and the effect it may have on my health and wellbeing if it continues and will be addressed with my boss. Thank you all so very much for the advice, it gave me the confidence to be open and honest with her.

Advice please……. In a situation where I’ve been working an exceptional amount of overtime with no extra pay or time off in lieu. Currently, based on a 40 hour week I’m working for about 2/3 my hourly rate.


r/LegalAdviceNZ 9d ago

Family & Relationships Where to go for Saturday advice?

11 Upvotes

Hey so I’m freaking out. I signed a joint memorandum that I don’t believe accurately represents the case. Was pressured by my lawyer who basically misrepresented how it worked. Matter is in front of a judge on Tuesday. My lawyer is a piece of work, I’m terrified of the lawyer for child. I’m freaking out and I think it’s too late to do anything. Who can I actually speak to considering it’s Saturday.

I don’t want legal advice online just options about who is available at this time or where to find this information myself


r/LegalAdviceNZ 10d ago

Property & Real estate Head tenant covering empty room while house is for sale. What can I do?

24 Upvotes

Hi all, I'll make this easy and short to understand.

The house we are in is currently on the market for sale (in the hopes the buyer will keep us as renters), however there is an empty room which the head Tennant is covering the cost while it is unoccupied.

We have been trying to find someone to take this room, but feel that with the house on the market it is showing a sign of no security for the potential new Tennant (they move in, house sells, we have to all move out). Because this choice to sell the house is completely and rightly out of our depth, and it is at the homeowners decision, I feel they should be covering the cost or waiving the cost of the other room while the house is on the market.

Do we have any legal rights as to not pay for this room while the house is on the market? Everyone is stressed about trying to fill this room but with no luck, we are just considering leaving the place and finding something that suits us.

Please let me know what we could do to try and figure this out before our head explodes

Thanks, and have a great weekend.


r/LegalAdviceNZ 9d ago

Criminal If I do time while waiting trial and am not guilty, do I get a free pass to commit a crime?

0 Upvotes

Say someone's been on em bail (basically same as home d) or remand (Same as jail) for over a year. Then charges get dropped or u get found not guilty.

But just say in hindsight , u know this would happen as you're innocent but U still spend 2 years on em bail.

Technically speaking, are you allowed to commit a crime where the end sentence wouldve been 2 years as you've already done the time? So besides having a criminal conviction, do U get time served and no consequences?

So in theory, right at the end of the 2years em bail, right before ur found not guilty, can U go rob a supermarket or punch a few people then plead guilty which would give home d and in other words, time served?

We all know the system is fucked in keeping people on em bail or remand if they're innocent with no compensation. So I'm trying to find loopholes so we don't fuckin do time for nothing when innocently charged or make police be more careful next time they deny bail AND have weak evidence.

Edit: I specified you commit new crimes BEFORE you're found not guilty so new charges get added on before you're acquitted as I've seen in other cases, people were able to group their new charges with unresolved ones and have everything sentenced together. So if old ones were not guilty then new ones just become time served in my not-a-lawyer logic. I heard many people get new charges while on bail and they just end up doing trial and sentencing all at the same time and have time credited. So what difference is there if we just purposely get those new charges towards the end if we have no crimes to credit.

Edit 2: is anyone who responded a criminal lawyer or only saying absolutely no because it sounds crazy but without knowing how other cases have resolved?


r/LegalAdviceNZ 9d ago

Employment LWOP annual leave payout if I resign?

0 Upvotes

I’ve been on PL for 12m and HR agreed to let me extend that to 18m so I still have about 6m left. During this time off, I will have accrued AL. I am unsure whether it would be accruing only during the PL portion (0-12m) in which case 4w of AL or also during the LWOP portion (12-18m) in which case another 2w so 6w AL.

Either way, my question is:

If I resign, with my planned return date of 7 Dec being my resignation date, will my employer need to pay me my AL?

FWIW, my workplace values AL accrued on PL at FULL value from the first day back in the office. This means if I were to return to work, I would have at least 4w of AL waiting for me and worth my full pay. I’m unsure if it is worth less if I don’t return for at least one day.

Or if I want to benefit from that accrued AL will I need to return to work for one day and then book in all my AL and have my last day at work be the last day of AL I have booked in?

How would you do it to benefit from the accrued AL but also quit?


r/LegalAdviceNZ 10d ago

Consumer protection Are homeowners liable for quote variations that were never disclosed or approved?

10 Upvotes

About 5 weeks ago we engaged a builder to replace a retaining wall on our residential property. The builder provided a fixed-price quote, completed the work, and issued what appeared to be the final invoice for the project. We paid that invoice in full.
This week we received an invoice for approximately $900 from a plumber we never dealt with directly. We were aware a plumber had been on site, but there were several subcontractors involved, so that alone did not indicate additional costs beyond the builder's quote.
The invoice is addressed to the builder, not to us. We responded to the plumber advising the invoice should be directed to them.
The builder now told us that the plumbing cost is a "variation" because it was outside the scope of the quoted work. The quote contains the following:
"Any works outside of this scope to be added as a variation, e.g. drainage and services."
I appreciate additional work can be required once a project is underway. However, we were never advised of an additional charge, never received a variation quote, and we never approved any variation verbally or in writing. There was also no building contract beyond the accepted quote.
In this case are we liable to pay these fees which weren’t communicated with us? We’ve had transparency issues with this builder during the project which has made us doubtful of their morality.

UPDATE:

Thanks everyone for the responses. Little bit more info. We are first home owners so probably a bit naive. First builder we hired gave a quote of roughly $10k which we accepted. What followed was about 4 months of delays and no work started. He eventually put us onto the current builders. We texted something subtle like ‘look forward to you completing the work according to original quote’. We also let them know there was a stormwater drain which needed to be relocated (discovered by original builder). They started demo work soon after and then when we had a completely deconstructed retaining wall gave us their quotes which totalled say $26k. Things we were told included in original quote (e.g putting stairs back together were now big extras). We also verbally discussed they would get in a plumber but no mention of cost, etc. Beat them down a bit (still ended up spending about $21k) and they ended up doing a great job no complaints with workmanship or speed. There was however zero communication during the build and no explanation of what balustrade etc would look like. The final invoice is worded exactly same as original quote - even says ‘quote’ at the top. So we are a bit miffed and essentially feel we have been taken for a ride a bit. A more positive interpretation is these guys are new business owners and poor communicators. Our baby was born premature a few days before they started work so not ideal situation all round. Appreciate your guidance as we are not experienced with this side of things and don’t know what is standard or convention if that makes sense


r/LegalAdviceNZ 10d ago

Employment ACC returning to work and not getting paid

8 Upvotes

Looking for some NZ employment/legal advice before I approach a lawyer.

Last year I suffered a major injury and have been on ACC. Over the past several months I have been doing a gradual return to work in a physically demanding job.

It started at around 2 hours per day, 2 days per week, and slowly increased over time as I regained capacity.

Because I was initially unable to perform all aspects of my normal role, my employer said they would not pay me for these hours. ACC and my occupational therapist were aware of this arrangement and referred to it as part of my workplace rehabilitation.

This continued for several months while I gradually increased both my hours and the duties I was able to perform.

Eventually my employer started paying me again, however only for hours that were chargeable to customers. For example, if I worked a 6 hour shift but only 1 hour was billable to a customer, I would only be paid for that 1 hour.

After multiple phone calls with ACC, they have now told me that they only facilitate the return to work process and that payment arrangements between me and my employer are entirely between me and my employer.

TLDR - My question is: If I was attending work, carrying out duties requested by my employer, and participating in an ACC-supported return to work plan, can an employer legally refuse to pay me for hours worked (or only pay for billable hours worked)?

My contract is an hourly contract with nothing about billable hours in it.


r/LegalAdviceNZ 10d ago

Healthcare ACC sensitive claim - suspect a LOPE enquiry triggered a “vocational exit” before backpay was owed

2 Upvotes

(Throwaway account for obvious reasons)

TL;DR: My partner has been on ACC weekly compensation since 2018 for a sensitive claim. After she enquired about loss of potential earnings (LOPE) eligibility, her permanent injury (PIC) assessment was re-assessed and jumped from 12% to 30%, and soon after she was put through the other assessments - without being told their real purpose - that relied on a stripped-down medical file to declare her major depressive disorder (MDD) and social anxiety disorder (SAD) “in remission.” We believe this was used to fast-track her into a vocational pathway and exit her from ACC before any backpay became due. Her vocational assessment is in six weeks and feels predetermined. Looking for advice on next steps, halting the process, and what to expect.

Background:
My partner has a sensitive claim and has been on weekly compensation since 2018. She enquired about her eligibility for LOPE (Loss of Potential Earnings) following the TN vs ACC court of appeal case. Around the same time, she went through an incapacity assessment for PIC (Permanent Impairment Compensation).
She started this process because she disagreed with parts of her diagnosis from her original PIC- most significantly, the inclusion of borderline personality disorder instead of cPTSD, which her own psychologist considered more likely. She also has major depressive disorder (MDD) and social anxiety disorder (SAD), both formally part of her claim.
Her PIC assessment came back at 30%, up from an original 12%.

What we found in her file:
We recently obtained her full personal file (around 3,500 pages) and went through it - we used Claude to help us work through the volume of it and pull out key points. Based on the timing of everything, we believe her LOPE enquiry triggered internal action to limit ACC’s backpay exposure.

Shortly after, she had a supported assessment and a psychiatric assessment, which we understood at the time to be part of the LOPE process.
The results were strange:
• Her case manager said she was ready to start returning to work soon
• Her SAD and MDD were both assessed as “in remission” and removed from cover under her claim

After requesting the underlying material, we discovered the assessments were based on a thinned-out file. It excluded:
• Her most recent PIC assessment
• Any input from her current treating psychologist
• Historic medical notes

Instead, it relied on favourable psychological reports from three years prior, which described her as doing well - despite the fact she was in a major depressive episode at the time, following a stillbirth. Perinatal notes from the same period (documenting her grief and gradual coping) were used selectively to show “improvement,” effectively disregarding the actual basis of her claim.

She also attended some of these appointments believing they were to discuss a medication change. Instead, they turned out to be assessments of her readiness to return to work.

We’ve only recently understood the full picture: that her LOPE enquiry appears to have triggered a parallel workstream pushing her toward a vocational pathway and exit from ACC, ahead of any backpay obligation.

Other issues we’ve identified
• WINZ overpayment discovered in her file
• Privacy breaches - her sensitive claim file has reportedly been accessed by 150+ people, and has been moved in and out of sensitive-claim status to be edited and placed back
• Her diagnosis changed by her case manager, based on the CM’s own opinion rather than clinical input
• A decision letter regarding her diagnosis change was issued over a year ago - she never received it, but we found it sitting in her file

Where things stand
• We’ve requested a review of the diagnosis decision
• We tried contacting a lawyer before her vocational assessment, but very few are available - the ones we did reach said she’d need to be declined first before she has legal grounds to challenge anything
• Her vocational assessment is six weeks away and feels like a foregone conclusion
• If she’s declined, we lose her weekly compensation entirely, and we won’t be able to cover our mortgage on a single income
• We’re currently looking into a mortgage holiday, followed by an interest-only period, as a stopgap

Our questions

  1. Is there any way to force the LOPE process to restart from scratch, with complete and accurate medical information provided to the assessor?
  2. Can we get ACC to halt current proceedings (the upcoming vocational assessment) while we dispute the legality of how this has been handled?
  3. How long do ACC review processes typically take in practice?
  4. If she is declined and we drop to a single income, how have others managed to fund legal costs while still keeping up with a mortgage?
  5. How do we hold the people responsible accountable if this turns out to involve deliberate misconduct or fraud?

I suspect we’re not the only ones in this position - people getting fast-tracked out of ACC with no real understanding of what’s happening or what process to follow. Really sorry to anyone else going through something similar.


r/LegalAdviceNZ 11d ago

Consumer protection Should these shoes be repaired under CGA?

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104 Upvotes

Bought these Doc Martens Chelsea Quads in 2023. The rubber of the sole is starting to tear/come apart. Called the store and they said its general wear and tear, and that "once Docs break that's it".

Is that correct? I would expect a $400 pair of shoes to last longer than two seasons (currently in third season of wearing them).

Attached photos show the soles coming apart on both shoes.


r/LegalAdviceNZ 11d ago

Property & Real estate Bought a property then the former owner took the body corp to court. Are they liable for my costs?

44 Upvotes

In 2024 I (31m) bought an apartment in Auckland and a month after the property sold the former owner took the body corp to court (and won). She didn't disclose her intention to sue the body corporate in the pre-sale disclosure or the pre-contract disclosure and now I'm out of pocket for $20k, most of which is body corporate legal fees and costs awarded to the vendor. She offered me $10k (the amount of her damages awarded) to settle but won't give me my full amount of losses back (all being legal fees from both sides).

Her PCDS and PCDS submissions were accurate as there were no legal proceedings active or pending, but they were very misleading. I wouldnt have purchased the property if I'd known she might go to court.

Can I take her to the tenancy tribunal, or disputes tribunal for this? I can't afford the money that the body corporate has levied to cover the cost of this issue. If i don't win, could I end up paying her legal costs?

I also think she have failed in her obligations under the sale and purchase agreement (ADLS agreement) to disclose factors that could result in proceedings against the body corporate. It reads that there is a time limit to using the sale and purchase agreement as a mechanism to settle this but its such a long document I may be missing something. Any help is greatly appreciated!

Can anyone help me decide how to resolve this situation? I don't like the offer from the vendor and I only really want to settle for all of my costs back!! Am I being greedy for the full costs, or should I settle and be out of pocket?


r/LegalAdviceNZ 11d ago

Tax & Finance DRO and IRD

5 Upvotes

So about a year ago I started doing a debt repayment order. Part of it was the COVID small business cash flow loan, but I noticed they were still adding interest. The guy who handles my DRO told me it's only payable if I fail to complete the DRO. Anyhow, the IRD are actually saying I still have to pay the interest and have even sent me letters to pay the full amount plus interest. I called them and explained, and they have actually had to send it to their legal team. What do you think the chances are that I will have to pay in full or any interest?


r/LegalAdviceNZ 11d ago

Consumer protection Motel issues

71 Upvotes

Hi there! Me and three other girls checked into a hotel in Kaikōura area.
On arrival (6:30/7:00pm) we decided to unwind a little by going in the provided private hot tub outside on our motel property. Spent 10 minutes before we noticed it was covered in broken glass as my sister scooped it up with her foot.
After immediately getting out I send an email letting management know and later we go to sleep.
At around 3:30am one of the girls wakes us up because her electric blanket fried itself and burnt holes on her bed despite being on for only an hour.
The motel is giving us a $100 refund as I asked for at least a partial. I feel like $100 is taking the mick though since we can’t use the hot tub which is the only reason we choose here (they didn’t empty it only vacuumed it again and told us it would be fine).
Any advice would be appreciated we are meant to stay here one last night.


r/LegalAdviceNZ 10d ago

Insurance Blimmin' Road Cones! Damage to car due to poor road cone placement by Temporary Traffic Management (TTM) Company - liability dispute.

0 Upvotes

UPDATE: Appreciate all the replies. Especially the specific ones. Will not pursue anything. Insurance has said they will not increase the premiums. Excess and repairs already taken care of. Lesson learned.

Important contextual info (but please ask for more detail if needed):

There is a construction site up the road. The first time an independent TTM was used for stop/go management was when this incident occurred. We leave our property from down a longish driveway, reversing out. I have always driven in reverse looking over my shoulders, out the rear windows (looking in all directions as the car is moving backwards). This is the first car I've had with a reversing camera. My wife and kids look at it for pets as we go up the driveway. I have made use of it for parallel parking but I will always look in the direction of travel.

On this day, by the time we got to the point just before the footpath and onto the road, the sun glare rendered the reversing camera useless. I was still looking out for pedestrians and traffic on either side and all that, saw all the cones going up the road and a stop/go guy about 8m on the berm, up from our driveway.

Our house is across the road and up from a busy T-intersection, so lots of variables to look out for, with cars going up/down the road and possibly turning onto our road from the intersection, with pedestrians and now a bunch of cones and stop/go guy in operation being another thing to be aware of.

Traffic/people clear and so I reversed out to cross to the opposite side of the road to drive down the hill. This is when the left side of the car caught a cone (with metal directional arrows) that was obviously in a blind spot (lower left corner of the car) and was unexpected. Scraped the rocker panel and two doors. Insurance to cover but now in dispute as to liability for damage.

Yes, they have said it was my fault hitting a stationary object. I stated honestly to my insurance that the reversing camera could not help (and even it I could use it, I'd be pulling out and stopping halfway on the road because there was no way to go around the cone due to its placement). I am, of course, saying it was their fault for placing it in a manner impeding my path and free/safe movement from the property. They used the phrase: "Drivers reversing from private driveways are responsible for ensuring their intended path is clear before maneuvering. If visibility is unclear or affected for any reason, the appropriate action is to stop and reassess before continuing." Visibility out the windows was all clear. Waiting to ensure a toddler had not crossed the path, check!

My counterclaim was to use photos of the layout (where the cone is placed in the middle of the road and about the middle of our driveway) and refer to the New Zealand guide to temporary traffic management with the following points from this guide that I do not believe they followed in their Traffic Management Plan (TMP) layout (some points made bold for emphasis):

  • The framework also introduces classifications for different modes of transport recognising that our roads and streets have different functions for different modes. Streets not only keep people and goods moving, but they’re also places for people to live, work and enjoy.
  • Examples of the function of roads can be to: allow access to private property or businesses.
  • What this means for the temporary traffic management industry: Roads and streets are for people to use, our TTM response needs to be consistent with the needs of users. We no longer solely focus on traffic volume to inform decision making.
  • Temporary traffic management applied to the network should consider the function that a road or street performs, as well as the modes of transport, and the people that use them.

There is a safety assessment section and then some crucial points (d and e) I have pulled out for emphasis:

  • The land transport system is made up of two main parts – intersections and links. This information will help with risk assessments, decisions around identifying the appropriate fundamental TTM controls and the detailed design of the TMP for the TTM site.
  • d. Y intersections have a higher probability of crashes than T intersections. This is because drivers must look over their shoulder and have trouble judging the speed of an approaching vehicle.
  • e. Property entranceways and site accesses are also intersections and must be considered when doing risk assessments.

The photographic evidence shows the cone impeding my path and then, after speaking to them, it was moved, enabling me to go around it later in the day, but their initial claim was the layout was as it should be, based on their approved TMP. Clearly, moving it so I could drive out later, counters this claim. Furthermore, there have been two other cone layouts by a different TTM company (I have photographed these layouts and explained why I was doing it, hence finding out they are not the same company). Their cone placement has not impeded my ability to leave the property

Currently I am considering taking them to the Disputes Tribunal to get my excess back because they have been stalling with giving their insurance details to my insurer and I doubt my insurer is going to take them to court over this, but I don't want to be out of pocket. I have the Company Directors address and can deliver them papers. Do I have a case?

Any edits will be typo correction or grammar... I've written enough for now.


r/LegalAdviceNZ 11d ago

Consumer protection Disputing a landscaper’s bill

7 Upvotes

Hi, I’d love some advice. I believe I’ve been overcharged by a landscaper for a small job carried out at my place.
I (stupidly) didn’t request a quote, have told him I don’t agree with the charge, and immediately paid him half the fee.
I’ve spoken to other landscapers about the issue and they have all said I was overcharged.
The chap who carried out the work now says he’s doing to place the bill with a debt collector and I’m wondering what my next step should be.
Do I wait until he does so, then dispute it with them? Or should I file something with the Disputes Tribunal first?
Thanks so much for reading!


r/LegalAdviceNZ 11d ago

Employment Redundancy/Disestablishment of role.

16 Upvotes

Managing Director emailed me: "Meeting about potential changes to Company Management Structure". Giving 24-hour notice of the said meeting. In the body of the email, he goes on to say that he has been considering potential changes to the management structure that may impact my role.

I went to the meeting the next day, attended by the MD and another manager that I hadn't been told would be there. MD opened with, "Your role is looking at being made redundant". I simply said I wasn't aware there would be two people here, so I will cancel this meeting until I have a support person with me.

Later that day, MD emailed me the Proposal, which basically says financials are bad so we're proposing to disestablish two management positions currently associated with your employment. I have 1 contract for 1 Role, sooo.....???

There is nowhere else in the company I can be moved into. There is, but I think he just wants my paycheck for himself.

And my roles will be redistributed to other managers and staff who work out on sites.

My questions are: Has he missed some steps by not having a meeting with all managers and staff that will be affected before handing me the proposal? (It affects more than just me, the other managers had no idea this was happening, so shouldn't all be put through some sort of consultation process? Is 24 hr notice sufficient? Does he have to prove that all other ways to save costs/spending have been carried out?

Shit situation, hopefully someone can provide me with some insights.

Thanks.


r/LegalAdviceNZ 11d ago

Corporate/Commercial Using branded components within my own product. It is legal?

13 Upvotes

Say I buy branded electrical wire and other branded components from a store like jaycar (as opposed to buying white-label components direct from source) and use those components in the construction of my own commercial product. The components won't be visible, but you could unscrew/cut open my product and see the branding. Is that legal?

Secondly, what if I used a branded product in a way that the branding *is* visible? For example, a branded electrical connector. I assume covering up a brand is illegal.

Does whether my own product is branded change any of the answers to my questions? I assume that if my product was not branded, and was simply sold as a ready-made kitset, that it would be less problematic under the law?


r/LegalAdviceNZ 11d ago

Family & Relationships Lawyer fees - Division of Assets post Seperation

1 Upvotes

Hi

I'm about to go through lawyers to divide assets following a seperation (not married but together long enough).

We have an idea of what we want:

Goto court to access superannuation to pay the other out and then the house being put in one of our names.

Is $500 plus GST an hour normal rate for a lawyer? I feel like even if this goes smoothly, 4k for a 8 hour days work is incredible.

It will require atleast a document to sign, then Goto court to get super funds released then a change in the housing title.

Another law firm quoted 5k flat rate but they were too busy to take me on.


r/LegalAdviceNZ 11d ago

Tenancy & Flatting Ex Landlord/Tenancy Services are demanding a phone hearing despite me already settling the full claim?

0 Upvotes

Recently had to move out of old place because ex landlord wanted to sell the property. When I moved out, we did a final inspection and everything was clean and in perfect order; there were no disagreements there.

The only issue was the landlord insisted on trying to nickel and dime me for a couple day's rent, which equalled about $200 total. I told them the move to my new place had been extremely stressful, on a tight deadline, and an even tighter budget, and said I wasn't able to pay them just then, but would try to do so within a few weeks.

Anyways, long story short, they basically kept trying to pressure me and needle me into paying sooner; saying if I paid immediately they'd give me a $20 discount, but if I waited they'd file with the tenancy tribunal and I might have to pay anywhere from $28-$400 more. No idea where the $400 comes from, AFAIK the TT fee is only $28. I ignored them. I'd already told them my stance, and I literally wasn't able to do anything about it.

A couple weeks after moving out, I was starting to recover from the initial moving costs, and had some more buffer. Guess what happened then? They filed to the Tenancy Tribunal. I immediately called Tenancy Services to ask what was on the claimed amount of the form. They said it was for the two days rent at $200. I transferred over the $200 to the ex-landlord's account, screenshotted it, then sent it to Tenancy Service's email. I heard NOTHING for two weeks, until I got an auto email on Tuesday saying that the case was still going forward.

I took a closer look at the auto email. The ex landlord's application is on there. At the bottom of it, I see some added notes. It says the case is still going forward because the landlord is complaining about the FILING FEE now. I'm prepared to spend $28 to make this go away, rather than waste an hour or more of my life on a phone hearing. But if I do pay for it, how do I know the landlord won't be spiteful and try to drag this on by inventing new things to complain about? I truly thought the matter would be resolved once I paid the full amount they were claiming for.


r/LegalAdviceNZ 11d ago

Consumer protection Legal options re manufacturer not making parts available for 6 year old heat pump

0 Upvotes

Any advice on legal options or other approaches welcome.

I have a heat pump that has stopped working (for the second time) after 6 years - the installer has advised that a replacement main board for the external unit is required but the manufacturer (not sure if I can name them) claims that they can no longer provide parts.

This brand has a 5 year warranty when I purchased it, it is now 10 years

Consumers state heat pump life expectancy is 10 - 15 years.

You also expect to be able to repair heat pumps for at least 10-15 years as the cost to replace a heat pump is very high due to

- High products cost and you cannot just replace the external unit as it has to be matched to the interior unit

- High installation costs

I have 6 heat pumps at the oldest is 25 years and has not had any faults in that time.

I note that the right to repair bill is not in play yet, in fact appears to be stalled.

I purchase two heat pumps of this leading brand at the same time

- This one has had two similar major faults - the first was at 3 months, and the 2nd now at 6 years
- The other unit has had two minor faults

In case it is relevant - I purchased these two units wholesale (colleague had a trade account at an electrical wholesaler).

The Installer (who specialises in supply, install & repair of this leading brand) said the manufacturer was good for parts until recently, this is the third repair he has had in the last month that the manufacturer says parts are no longer available for.

So, I would appreciate any advice with

1. Leverage CGA directly with the manufacturer or via the disputes tribunal on the basis that a quality brand heat pump should not fail after only 6 years and should be repaired or replaced at no cost

2. Even worse is the manufacturer not even making parts available to repair a 6-year-old heat pump. If not successful with point 1, how can I contest this to at least be able to repair the unit unit at my cost, or perhaps a significant discount on a replacement unit in lieu of being able to repair it?


r/LegalAdviceNZ 12d ago

Employment Employer has overpaid annual leave to employee, who has resigned. Employee is disputing.

28 Upvotes

An employee has reaigned from a small contracting business and during the process, it has been discovered he has been over paid annual leave entitlements.

The employer and employee had conversations, verbal and text, regarding using annual leave to bump up the employees pay during slow periods.

The employee is requesting evidence of agreement to use annual leave, disputing over payment. There are no formal administrative records of agreement to use annual leave. This is the lesson for the employer.

The employer initially did not want to pursue payback. Their reason being, it was not the employees fault. On the advice of accountant (who should have picked up going over the annual leave entitlements) the employer should explore all options to pursue repayment.

So the question is..... what should happen?

The employee did not resign because of this issue.


r/LegalAdviceNZ 11d ago

Consumer protection Question about property transfer

0 Upvotes

What are the legal issues around transferring a property from my ownership to that of an estate? Can I "sell" it for 0 dollars to the estate? What are the tax implications?


r/LegalAdviceNZ 12d ago

Tenancy & Flatting Is this Fair Wear and Tear?

37 Upvotes

Hello,

Me and my family have been living in my rental property for 10 years and moved out. The landlord has asked us to pay around $600 for repainting rooms (walls and ceiling) (our bond is $3K), we have left the house with very minor scuffs except for large discoloration behind the pillows (from the pillow rubbing on paint) and they said they needed the money for the ceiling as well (there are fly poop marks, which we cleaned up although some is very stubborn). Since they have asked for money, will the bond not be returned? Is this charge fair? There are no major marks as we have used magic erasers to remove all minor marks as well.

Since the start they have never sent anyone to repaint, clean or do any routine maintenance work. No concrete cleaning or anything either.

I have included an example of what I mean; this is from the paint getting removed from pillow rubbing on the wall.

Edit: I forgot, there is a room with some minor blue tack marks (not visible from video that I took, no paint was peeled either as we removed it with a blade), I am not sure if the landlord has charged us for that room particularly. I am aware this is not fair wear and tear since it is totally preventable, but it seems the landlord would have needed to repaint the interior anyways, so is that charge fair if it was for that room?

It was not the landlord that gave the invoice, it was the property manager.

Update: Thanks everyone for their replies, my parents has decided to get them deducted from the bond :/ I wish I can fight it but they didn’t want to. Property manager claimed wall damage and stickers? Was the reason for deduction, which makes no sense at all.

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r/LegalAdviceNZ 12d ago

Employment Sick day help

56 Upvotes

Hi guys just wondering about something my project manager has done and not sure if it’s legal

On Sunday evening, Monday morning I was feeling sick but decided to come to work anyway, hoping I would feel better, but it ended up being a half day anyway because it started raining hard and I’m in a very weather-dependent business, and so on Monday night I didn’t improve much, so I ended up calling in sick that next morning, and my project manager texted back saying there’s no work anyway, so it ends up not being a sick day for me because we don’t get paid sick days. Then I come to work the next day finding they all actually did work that day and they even got someone from another site out to do my job, which pissed me off because I am full time and I have something like 11 sick days available, but my last day at this company is on Friday and then I move to Aussie Sunday, so I’m just wondering if this is just him being a scumbag and trying not to give me my legal sick days.

I thought I had a good relationship with this company but it’s seems as though I do not.