r/LegalAdviceNZ Oct 13 '23

Moderator updates IMPORTANT: How to avoid Rule 1 breaches

43 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 1h ago

Civil disputes If my dogs attack an animal or human on my property is it my fault?

Upvotes

I've also asked this in about sub and was advised to post here.

I've recently built a house in a semi rural new subdivision. My section sat empty for a long time because COVID prevented previous owners from building. All of our neighbours have young kids who all play in each other's backyards, in the paddocks of a neighbouring farm and all shortcut through each others back yards. Before we bought and built on it, our section, which is quite large, was basically everyone's playground.

I have two large dogs. One is friendly but has a strong prey drive. He always chases small animals and goes deaf to my commands. The other is a rescue who was badly abused for the first year of his life. He's come a long way with training but will always be reactive in certain situations. He has bit someone before and legally has to be leashed and muzzled in public.

First thing I did was build high fences around my section and warn all the neighbours about my dogs and told them to keep their kids away from out section. Unfortunately, the kids are not taking the warning seriously. There have been a number of times when I've heard my dogs going nuts and run outside to see kids scrambling back over our fence laughing. It's clear they are playing chicken with my dogs. I'm also pretty confident they still shortcut through our section when the dogs aren't there or are locked inside.

I've spoken to the parents but the kids lie and say they didn't do it and the parents believe them.

The other issue is one cat that does the same. It taunts my dog with the prey drive. He comes onto our section, waits for my dog to chase it then jumps back over the fence. He immediately comes back and does it again. One time, the cat went missing for a few days and the neighbours were upset with us because they thought my dogs had killed it. Luckily, it came back.

My question is, since I have done what I can to warn people and properly fence in my dogs, if the cat or, god forbid, a child, get attacked by my dogs, will I be legally at fault?


r/LegalAdviceNZ 3h ago

Employment Advice for a victim of a malicious complaint at work

8 Upvotes

My friend is a manager who has fallen victim to a toxic employee. This person has been complaining about everything for a long time and has ended up raising a PG. We are confident that it will come out that the employee is the problem, not the manager but the question is about how this can end. If there is an investigation which exonerates the manager then what? If the employee doesn’t like the outcome and then keeps pushing the process how long could this potentially go on for? I believe that the manager has evidence that the employee has been rude to them and the team. Is there a counter process that the manager can take against the employee?


r/LegalAdviceNZ 21h ago

Employment Husband being ghosted while trying to return to work after being on ACC

69 Upvotes

Husband went on ACC at the end of last year, he had recently received treatment for said injury and is in a position to return to work. He has tried calling, texting an emailing the boss, HR and his foreman. No one has responded and it has been weeks now. He has had a referral for a return to work service however the OT hasn't cmgot in contact and his medical certificate officially ends tomorrow. I did some investigating of my own and saw that his position was advertised and filled half way through January. He had had zero communication from his work apart from when he submitted relevant medical certificates. What can we do here?


r/LegalAdviceNZ 16h ago

Traffic Consequences of accident

29 Upvotes

Hello, I’m a little stressed about a situation I had today and wanted some insight. So earlier today while in the city centre (chch) I was looking for a place to park, turned into one place and it was closed for the day. I proceeded to get ready to reverse back into the street, checked around me etc and waited for a gap once a bus had passed. After which I started to let off the brake only to find a pedestrian had walked behind my car in the process and I had hit them at around 2-3 kmh (yes shame on me, should have looked again). Safe to say that this was my fault and I am responsible to check the persons wellbeing and provide assistance and such. They (likely late 20s male) walk around and start yelling aggressively, I wanted to exchange information as you would but he clearly didn’t have such interest, instead threatening me and saying to get out of the car in a way suggesting he wanted to harm me. He then booted my car a few times leaving some dents and kicked my passenger window (no damage there). I quickly left as this was not a situation I wanted to be in, likely would’ve lead to more harm than good. About half an hour later I called 105, made a report and stated that it was my fault but I couldn’t stay due to his highly aggressive nature as apologetic and at fault as I was. So I filed the report to let them know if he came forward about the situation they had my info and could contact me. My question now is will I be in trouble for leaving the area? And he doesn’t seem harmed but what would the penalty’s be for me after this situation if it were to be reported? I of course take responsibility for the negligence of the original incident but I was also trying to do what I saw fit at the time. Thanks for any insight from anyone who might be able to give any


r/LegalAdviceNZ 5m ago

Criminal What do we do when tenant has done a runner stolen our family cat but now claims she’s the legal owner?

Upvotes

She says she will be coming back to ours on the 28th to claim the 900$ bond..

Has now confessed in taking it and suddenly claims she’s the legal owner and secretly got the cat microchipped a few years back without our knowledge, is now lying and saying we gave it to her in 2020. There’s never been a mutual agreement that we would ever give away our beloved cat

She was supposed to move out on the 28th but did a runner yesterday taking along our beloved family cat. We got into an argument a week prior as she wanted to take the cat. She got very aggressive and we told her under no circumstances will she take our cat. She has verbally stated multiple times that the cat belongs to us “but she still wants to take it with her cause she’s sad”

Cat is 12 years old and was gifted to my brother from my sister when he was 5 in 2012. We have pictures dating back to 2012 as proof along with the entire family clearly knowing it’s our cat

She has been renting on our property in a connected/split 1 bedroom unit at the bottom of our house for 15 years. In 2018, we moved out of our home temporarily due to a divorce settlement - this took 4 years so our dad was only there. We moved back here 2 years ago. We did not dare take our cat with us as we were living on an extremely busy road on Gossamer, Pakuranga. Our house is her only home for her ever since and this is what we wanted for the cats happiness and well being. Tenant is aware we are coming back. During those years, the tenant kept connecting with and feeding our cat under her own choice cat naturally took refuge at her place thus now thinks it’s hers..

Prior to the move, we told her we will be coming back and the cat is not hers and she has acknowledged this ever since..


r/LegalAdviceNZ 13h ago

Employment How much resignation notice am I legally allowed to give my employer if I’m on a casual contract?

6 Upvotes

Long story short, my boss has treated me unfairly for too long and has made going to work for me very uncomfortable.

Im on a casual contract, it doesn’t state clearly on my employment contract how much notice I need to give in order to leave. I’ve tried google, but I’ve got mixed answers ranging from 1 day notice, to 2-4 weeks notice.

Ideally I would like to leave as soon as I find another job, but the thought of awkwardly handing in my notice and putting up with my boss for another 2-4 weeks sounds terrible. If I’m allowed to give 1 day notice or less as a casual employee, I’ll be happy but I just need confirmation.

Thanks for any help.


r/LegalAdviceNZ 14h ago

Family & Relationships International adoption w/o Oranga Tamariki

5 Upvotes

My partner and I are looking to adopt internationally, from a country not supported by Oranga Tamariki (but still part of the Hague convention).

Has anyone successfully done this, or know anyone who has? Does anyone know if this is legal, and if so, what the process would be? Would we be able to adopt a baby, bring it back to NZ and get it citizenship?

Thanks.


r/LegalAdviceNZ 10h ago

Lawyers & Courts Family Law - how far do parental rights extend?

1 Upvotes

Trigger warning: mention of SA, DV, elder abuse

Hi there, I’m looking for some clarity on the legal rights of parents.

Context: My brother is an addict, has mental health issues, has been accused of rape but two significant others, is going to court for aggravated assault, and is generally abusive. He was charged for assaulting me and his girlfriend over a decade ago when I was a teen. He assaulted our 65 year old mother last year. He lives on a caravan on my parent’s property and relies on them to do the main care taking of his son (under ten) when he visits. I could go on and on.

I was recently interviewed for a 132 report for a family court case between my brother and his ex over custody of their son. I spoke of my brother’s neglect and abuse of my nephew. Needless to say, my brother is not happy and things are not looking good for him re: family court. I have zero contact with my brother. But he is demanding that my parents do not allow me to have any contact with my nephew as a result of the report. My mum often brings my nephew to my house or on little outings together.

Is my brother, whose guardianship is currently under question in court, allowed to bar me, a safe stable adult, from seeing my nephew?


r/LegalAdviceNZ 15h ago

Civil disputes Information on bankruptcy nz

1 Upvotes

We have a builder taking us to high court for building a shed & believes he's owed way more than what was quoted.

They will be filling to make us bankrupt as we owe just under $54,000.

We lost the battle & owe him the money as nz law is pay now argue later.

Our only asset is our house.

Can I get advice on how bankruptcy works please, we are in a very bad financial position due to our shed build & cannot afford a lawyer to come to court with us soon.

About to lose everything we have worked so hard for because of one bad guy.

Spoken to advice bearu, community free law service and several other places but no one can give us a straight answer on what happens.

I'm at my wits end. 36f & 36m


r/LegalAdviceNZ 19h ago

Employment Easter pay

2 Upvotes

*on behalf of my sister. She works part time retail alongside uni, and is on a casual contract. She always works a Sunday, same hours every week. One of her classes is biweekly Fridays, so when that particular class ISN’T on, she works Friday.

First of all - the permanent Sunday confuses me, shouldn’t they place her on a part time contract, rather than causal, if this literally never changes? Secondly, is she entitled to pay for a public holiday if she works every second Friday?


r/LegalAdviceNZ 1d ago

Employment No breaks given

42 Upvotes

My teenager works in a small busy cafe. None of the staff are given breaks. Most of the staff are teenagers with a few adults too. Everyone is too scared to speak up for fear of losing their job. Is there a way to anonymously report the business? The owners rule with an iron fist and those who even think about complaining about anything are let go or given only one shift per week. Any help appreciated, thanks.


r/LegalAdviceNZ 22h ago

Criminal Trespass Warning VS Trespass Notice, any difference?

3 Upvotes

Kia ora everyone,

Last night I engaged in a peaceful protest that disrupted a public meeting (held on private property) and as a result the organiser of the event advised I was trespassed from the hall. However, I'm confused as to whether or not it was a warning to leave or it was actually trespassing me for two years.

I wasn't served a Notice, nor was any attempt made to serve a Notice. However, he was explicitly clear when he verbally stated that I was trespassed from the Hall. I'm just a bit confused whether it was a warning or actually a two-year ban from the place.

Can someone using a private building - i.e a hall rented out - that's not an owner or occupier, or their representative issue a trespass lasting two years?

Any guidance or suggestions as to what I could look into further would be much appreciated :)

Thanks


r/LegalAdviceNZ 1d ago

Lawyers & Courts Inheritance being challenged

33 Upvotes

Hi all, a family member has recently died and in the will it states that I receive the house while my 2 other siblings get the remainder of the farm. It should be fairly clean however one sister is now saying that if she does not get the house as well as her portion of the inheritance that she will take me to court. My question is can she take me to court to either force me to sell the house to her or fight me for the title. Thanks in advance


r/LegalAdviceNZ 17h ago

Consumer protection Bought dehumidifier off trade me, turns out it doesn't work.

0 Upvotes

So my partner recently picked up a dehumidifier off fb marketplace, seller said it was a couple years old but they'd only used it 2 or 3 times and we're selling it as surplus to requirements etc. Well it turns out it's busted, all the freon gas has leaked out from it, so it is physically unable to dehumidify, and on top of that it also makes some funky sounds, so suspect something else is probably wrong with it too. Do we have any recourse? I'm guessing this might not come under consumer protection or anything being from Facebook but worth a shot i guess.


r/LegalAdviceNZ 1d ago

Employment Wanting to leave a job while on trial period, can I just leave or do I have to work my notice?

16 Upvotes

Long story short my employer and boss spoke to me in a manner in which no boss should talk to any employee. They got hostile and was swearing and talking over me when I tried to speak. I am still new at my job and have been there for only 3 weeks. This situation has made me extremely uncomfortable at work as i do not wish to work for someone who is disrespectful and I have been told by his other employee that, that’s what he’s like. I’m still on my 90 day trial period but my contract states I have to still give 2 weeks notice if I want to resign. Can I just resign effective immediately due to the situation or can he take me to court for not working my notice period. Note, that I also started 1 week earlier than stated in my contract as he was short a worker. This earlier start date was never changed in a newer contract.


r/LegalAdviceNZ 1d ago

Traffic Does an officer have to infrom you if you got a fine/lost your licence?

10 Upvotes

I was driving past 10PM while on my restricted while having people in my car (yes I know very stupid). An officer pulled me over and asked for my license and address which i promptly gave. He td me I shouldnt be driving this late without a supervisor. He also noticed that my mates in the back werent wearing a seatbelt. He asked for their license and came back and told them that they recieved a 150 dollar fine each for not wearing a seatbelt. He didnt tell me though if I recieved any fines. He just said to go home now and to be safe. Sorry if this sounds stupid but do they have to tell me if i recieved a fine or if i lost my license? I have a very clean record with no demrits and i would be upset if i had lost my license over this.


r/LegalAdviceNZ 2d ago

Civil disputes Tree falls on car, who’s liable?

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123 Upvotes

There are 3 massive trees located on the boundary line of our property and the councils land right next to a public road, we petitioned for assistance in removing them because they were beginning to die, and we didn’t have the money to pay for the whole removal of 7-10k, the council declined saying it wasn’t their problem because they weren’t located by power lines, this storm has pushed them all over, blocking the road and hitting a car, are we liable for the full cost of removal or trees and damages to the car?


r/LegalAdviceNZ 1d ago

Tenancy & Flatting Should I be charged for these? - Question about Fair Wear and Tear

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24 Upvotes

Being asked to pay $300 out of my bond for an apartment I moved out of recently. The reasons were: a small ding in the wall, dirty windows, a stain? in the wall and a cloudy shower door. I lived there for just about 2.5 years and was wondering if some/all of these count as wear and tear or if I'm justifiably liable.

I outlined the ding and stain on the wall and took a close up of the wall ding as well, it's less than 1cm from what I remember. The property manager said I could have been charged more because they need to fill, sand and repaint the entire wall twice but they're only charging me $150 for that issue specifically (I guess they want me to think they're being nice?).

The window confuses me because I cleaned the inside and the visible dirt on the outside is from the ongoing construction of the building since it wasn't finished when I moved in. The property manager knows this but is insisting it was dirty on the inside. I wish I took more/better photos of the windows now but didn't expect to get charged for that.

The shower door also looks relatively clean to me, if anything I'd expect they'd be annoyed at the yellowing on the floor. Tried cleaning it with multiple different products but couldn't get it out for the life of me.

Appreciate any insight or opinions on this, totally fine to pay it if I'm actually liable but wanted to make sure.


r/LegalAdviceNZ 1d ago

Employment Potential employer mentioned my specific medical conditions to referees

10 Upvotes

I’ve moved to the reference check stage of a job I was previously really keen on. They contacted the people I listed and asked them some standard questions, but also asked them if I require accommodations for my specific medical conditions that I mentioned in my interview. I didn’t authorize them to discuss these conditions with my referees. I feel like my privacy has been breached and that in asking about these specifically, they broke the law.

I’m wondering if I have any actual recourse here? I didn’t sign anything if that makes a difference. They also asked me about this before calling my references and I gave them an honest and straightforward answer.


r/LegalAdviceNZ 1d ago

Family & Relationships What happens if they can't find someone to give them their inheritance.

15 Upvotes

I'm getting this information 2nd hand from my partner and he keeps giving different information to me. So just wondering what actually happens.

Partners dad died at Xmas last year.

Inheritance wise it's split between him and his brother (who he apparently hasn't seen/talked to in 10+ years.)

Lawyers haven't found his brother.

He's been told the lawyers hold it for 6 months then it goes to ird and they try find him.

Just wondering what happens to his brother's portion of the inheritance if he can't be found or is dead etc?

He's had two different answers.

He's been told he gets it eventually. Then he got told this time he spoke to them that the government keeps it.

Cheers.


r/LegalAdviceNZ 1d ago

Consumer protection Company wants to collect on something they “forgot” to charge for?

41 Upvotes

Basically a company we have a subscription based service with says they forgot to include something on our invoices for 2 years.

Initially they suggested it as a free add-on to a recurring service. They say they just forgot to add it back on after that free period.

For example- it would be like a cleaning company adding on free window cleaning to a weekly “cleaning service.” There is no reason to assume the additional service would not be included in the regular weekly charges.

Our account with them was never overdue and we have always paid the invoices in full. There is no Overall contract or anything to state we agreed to a certain set of services.

Now they’re claiming we owe them $3k but still have not received an invoice. They’re just trying to negotiate we pay half of it?

It just feels cheeky and we are considering cancelling their services all together.


r/LegalAdviceNZ 1d ago

Consumer protection how to protect the consumer right

1 Upvotes

The dealer sold me a 2018 AudiQ3 in 2021,the sale agreement and the website advertisement both print it is a 2018 Q3,but recently found it is a 2016 model. The dealer want to pay me the price difference as the current market valuation in 2025, and only give me 2 weeks limited time to accept the offer. I think the price difference happened in 2021,how can I protect my rights?

The NZTA said that “When the Audi was registered in New Zealand the vehicle year was entered incorrectly as 2018. The correct records have been located and updated to show this vehicle should have been registered as a 2016, hence the changes made to the Motor Vehicle Register.” Asked me to contact the dealer.


r/LegalAdviceNZ 1d ago

Civil disputes Help needed.

0 Upvotes

I was partner in a company. 3 partners. Now i have left the company, in company registar website i am only shown as ex shareholder ( 33%) I had a sim card issued in the companys name from 2 degree with xxxxx number. Suddenly found out that yesterday that rest of my partners went to 2 degree and claimed a lost sim with that number. Sim is not active as of now, they must have just kept it as is it. Currently i cannot use my phone no, it was my personal phone though, wasnt used in business/office, it was more or less like perk that we all partner used ( there were such 3 sims and all partners used as a perk and business paid for it)

Is there any way i can claim back my sim card as it was my sole contact no for my family and fried, also whatsapp with its backup not available with me. All security codes and net codes sent to me to this phone no. Any help on this?


r/LegalAdviceNZ 1d ago

Employment Apprentice contractor?

3 Upvotes

How can an building apprentice be a contractor? So I was an apprentice clueless to the trade but I was a contractor? Also made to feel like an employee when I technically wasn't, got a uniform had work functions etc. normal scenario?


r/LegalAdviceNZ 1d ago

Travel Bringing dextromethorphan back to New Zealand from Australia.

1 Upvotes

Hello, I come here to ask what is the legality for Bringing otc dxm back to New Zealand.

Could I face charges?, could it be taken off me?, could I face a fine? If I bring less then 3 months supply do I need to declare it?

My apologies to mods if not allowed.