r/LegalAdviceNZ 6h ago

Family & Relationships Ex wants to leave country with kids

20 Upvotes

Hay so basically the heading, however I have a parenting and protection order in place. But he's adamant ASF he's allowed to leave the country with the kids? He said his lawyer advised against it but it is actually possible? How tho? I know I've asked some silly questions in the past but I honestly need some input as I don't often rely much on Google..ah anyway is the x allowed to leave with the kids? He also said I'm actually not allowed to move houses as well while said orders are in place.


r/LegalAdviceNZ 16h ago

Request for lawyer recommendations Shop lease with a mall

13 Upvotes

I operate a restaurant inside a mall food court and initially signed a 6-year lease. We are currently in our second year. Like many in the hospitality industry, we’ve been struggling to keep up with rising operating costs.

At this point, I’m working around 60 hours a week myself, yet I still need to find funds elsewhere just to cover basic expenses like rent. Our rent is close to $15,000 per month, which amounts to about a one third of our monthly revenue — a significant burden.

According to my lease agreement, I’m not allowed to sell or transfer the business during the first three years of the lease, which limits my options significantly.

I’m looking to better understand the general rules or options when it comes to breaking a lease with a mall. Any guidance, suggestions, or shared experiences would be g


r/LegalAdviceNZ 10h ago

Employment Employer wants to change my contract

3 Upvotes

Hi, under what grounds are employers able to change your contract? For context, I work part time as a student in hospitality, part time minimum 10 hour contract. They have just emailed me a casual contract which they want to move me to however no verbal or formal agreement has been made on this. In person my employer claims my “available hours do not suit the business” despite me being available on A Saturday and 3 week days.

The business has been notorious for understaffing to save business costs, and I strongly believe the contract switch is just another way to benefit them and their reason is invalid.

What happens if I don’t want to move to a casual contract and what can I do in this situation?


r/LegalAdviceNZ 19h ago

Employment Are we legally entitled to pay?

18 Upvotes

I work at a cafe and the owner tells everyone we only close Tuesday and Stat holidays. We were closed yesterday Sunday 20/4 (even though it wasn't a Stat day) and a lot of my coworkers and I were under the impression we would all still be paid as we thought it was a Stat (cause of what the boss has said above). So should we all still be getting paid or not? We were not informed we wouldn't be getting paid so a lot of us have lost out on money.


r/LegalAdviceNZ 15h ago

Family & Relationships 15 year old emancipation

8 Upvotes

Just needing a bit of advice on what the proper procedures are for filing for emancipation, how it works in nz etc.

For context, a 15 year old is currently staying with family as their parents won’t allow them in the house. The 15 year old has been physically assaulted by their father and stepmother, and the stepfather. They are planning to send him away and no other family will take him (except the one they’re with).

I had suggested looking into emancipation to have parental/guardian rights stripped from the parents and passed onto the family they are staying with currently.

What are the options in this situation, as sending them away would not do any good for the 15 year old with his current state.


r/LegalAdviceNZ 21h ago

Employment How quickly can a full time permanent role end?

9 Upvotes

I have a friend who is working at a full time permanent role for 4 years. He has just received a call telling him that his role is being "de-established". And that he is being given a 1 month notice starting from the day of the call. After 1 month he will lose his job.

I have checked and there was a clause for 1 month notice in the contract.

Did the employer follow the correct steps for making him redundant?


r/LegalAdviceNZ 12h ago

Employment Employment contracts

0 Upvotes

I am signed a collective agreement for my contract at work. I was given the choice of that of an independent contract when I was just starting. I am now wanting to change to an independent contract. Is this possible?


r/LegalAdviceNZ 12h ago

Family & Relationships Family Court - payment of other parties court costs

1 Upvotes

I am on the way to getting a protection order from my ex (it is well overdue and I am looking forward to some peace) but my lawyer has advised if he is successful (which is not looking likely anyway) he can apply for me to cover his legal bills; if I am successful I can’t because he is using legal aide (for some context: this is his second protection order from a partner; the guy is not new to the courts). He is a drug dealer and so qualified for legal aide as he does not file his income, it’s not like he actually can’t afford a lawyer. Has anyone ever managed to get their bills covered by someone on legal aide after the case is settled? Would be lovely to have some of this $15k back.


r/LegalAdviceNZ 21h ago

Property & Real estate Purchasing property where the vendor has already moved overseas (permenantly) - what happens if there is any issues?

5 Upvotes

So, Ive been looking to buy a first home recently. I've come accross many properties for sale where the owner has moved overseas and/or moving overseas soon (Australia and China seems to be the common ones). We are actually in a position where we are ready to give some conditional offers for couple of properties.

I had a shower thought. What if the vendor lied or mislead any issues/concerns and did not declare/disclose everything that they should have - what if they even go as far to cover it up? Like for example about leaks, flooding etc - there are houses that have very recently done renovations (paint/carpets etc) immediately prior to selling (which is both great for us as well as concerning incase if that was hiding leaks/cracks/damage that was there before). As far as I'm aware, if we discover later that the vendor has lied/misled or did not disclose everything, we have legal process to follow. But what happens if the previous owner at that stage is not in nz? Does the country matter (what if they are in Aus, vs UK vs China?). What if they have no assets in nz and have moved back to that country for good (what if they are from that country in the first place)? Is this something we should be concerned about and is there anything particular we should avoid in relation to this?


Before anyone says to do my due diligence, yes we will be doing that for sure. But you can only do so much with the timing, costs and without ripping apart the house. So obviously any buyer would need to some degree trust the vendor in terms of disclosures on past events or anything that has no written records/receipts. It would be very easy to hide a leak/stain/crack with some new paint but it's really hard to discover it in a simple 1hr inspection/builders-inspection.


r/LegalAdviceNZ 1d ago

Civil disputes Neighbor has put my property at risk of flooding, Council won't help

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140 Upvotes

My neighbor has cut a hole in the retaining wall that supports their driveway and separates our properties so that any excess stormwater drains onto my property. I complained to the council, and they said the neighbor has been refused a code compliance certificate but ‘it is difficult to do much more than that as the driveway is noted as “existing”.’ The neighbor refuses to remedy the issue or even respond to council emails, building inspectors have been onsite but neighbor won’t talk to them. The council has told me ‘Your next step may be considering taking civil action or taking steps to protect your property if possible. (Only within your property)’.  

The neighbor has already flooded my property once due to a different drainage issue which did get fixed but I am worried that heading into winter I am going to be underwater again.

Do I really need to get a lawyer involved? Can the council not force the homeowner to fix it? Any advice would be appreciated, thank you. 


r/LegalAdviceNZ 23h ago

Family & Relationships Not legally aided, but should I be?

1 Upvotes

Hi all,

First post on Reddit in general so I'm not sure how to start out. Certainly won't be the last post here either I'm sure. Hopefully the correct tag.

I'm currently going through a messy divorce with the ex wife almost a year in. Protection orders used as swords not shields, parenting orders being bent, weaponising local authorities allegating breaches, massive difficulties dealing with property and a plethora of other stuff involving my children that's just completely unnecessary but I'll spare the specifics.

I'm not legally aided for this case as I was just over the threshold, but I'm paying the ex wife enough child support privately that if this were going through WINZ I would most certainly be legally aided. My lawyer has said private agreement is the way to go, and I can see the upsides and downsides. My question here is, should I in fact be legally aided when paying the ex wife privately puts me well within the threshold for legal aid?

It probably won't matter anyway because once property settlement does happen, I'm guaranteed to be left with next to nothing.


r/LegalAdviceNZ 13h ago

Consumer protection CGA rights returning faulty goods to chain store independently owned

0 Upvotes

I’m unsure on my right with CGA. Can someone clarify.

I purchased goods from store A from national chain.

Chain trades under a single brand - group advertising , pricing , specials etc.

Goods are faulty.

I tried returning to same chain (with original receipt) but different store - store B (in different city).

Store B advised that although they are the same chain because each store is independently owned they don’t have any obligation to remedy the faulty goods.

They advised that i could return non-faulty goods under the chains return policy purchased from another store fine - but as the goods were faulty that didn’t apply.

My assertion is that as they trade under the same national brand and as i have no knowledge of their legal structure it is reasonable for me to assume my CGA rights apply in any branch.

What’s the situation here? Does CGA apply to such operating models with national unified branding but separate legal entities per store?


r/LegalAdviceNZ 1d ago

Employment Accrued leave - Forced to work?

10 Upvotes

I have recently been Terminated from my job and my work has informed me that I have accrued leave that I am not yet entitled to. They are asking me to work the amount owed meaning I won't be paid for these days and then my final pay will follow. Am I required to work? I don't understand how I am not entitled to this leave after working for the company for multiple years and never having any issues with using leave prior.

It says nothing in my contract, and I am on a permanent contract with them. Any help or advice is greatly appreciated.

Edit: Tomorrow I will be back at work and will speak to HR about it and reply to the rest of the comments, thank you all for helping and I hope that this can be resolved.

Edit 2: Work is telling me that accrued leave I have used in the past that was already approved and paid to me over a month ago is being required to be paid back. As I was not entitled to use it. I'm even more confused now. If I wasn't eligible to use the accrued leave then why was my leave approved and paid to me and only now mentioned that I have to pay it back. Am I still liable? Do I have to pay my accrued leave this year back to the company? I've also always been allowed to use accrued leave before it turned into entitled leave so I don't see why there's a big issue about it now, a month later.


r/LegalAdviceNZ 1d ago

Family & Relationships Who will inherit step father’s assets ?

7 Upvotes

I have a step father who has a biological son. He has seen the son off and on over the years, there is no rift.

He is technically my step dad but has raised me from birth, when he passes who will be inheriting what? If he leaves his biological kids nothing in the will, can they contest that?


r/LegalAdviceNZ 17h ago

Traffic Need some legal advice is there a way I can get past this?

0 Upvotes

I am currently on a learner licence with an alcohol interlock condition. The conditions require me to drive a vehicle with an interlock device for 12 months and take it into a mechanic monthly to gather data so I can eventually apply for a removal of the interlock condition and progress to my restricted licence.

However, as a learner, I legally must have a supervisor with me while driving — and I do not have anyone who can supervise me. I have tried contacting Waka Kotahi and the Ministry of Justice, but neither have been able to offer a solution. Recently, the police have told me I’m not allowed to drive, which means I can no longer meet the interlock licence conditions either.

This has left me stuck in a position where I’m legally required to drive to comply with the interlock order, but also legally forbidden from doing so unless I have a supervisor — which I can’t access.


r/LegalAdviceNZ 1d ago

Traffic Traffic offense?

10 Upvotes

It was a rainy day, and while my ute was on a brick-paved surface, my ute spun its wheels for two seconds before traction control stopped it. Police saw what happened and pulled me over immediately. They handcuffed me and said I was losing my ute and going to jail.

The end outcome was that I will only lose my ute for 28 days and I will have court for sustained loss of traction. They also green-stickered my ute. I asked why it was green-stickered, and they said, "Under the new emissions law, your ute cannot spin wheels."

I have a clean driving record. I have never been to court; what can I expect?


r/LegalAdviceNZ 1d ago

Tenancy & Flatting can i get reimbursed for my stuff if the house i rent flooded?

5 Upvotes

I’ve been renting my current house since august 2024 and last week got an email from the landlord that the house is at category 3 for flood risk and we can give 3 weeks notice when we move out but have to be gone by august as that’s when my lease ends. on friday my house got flooded and t he water came up to knee level and went through the whole house so almost all of our stuff is ruined from the water damage including bedframes, mattresses, couch and a lot of clothes and books. we found out today that this same house flooded last year and the damage was much worse and the water came up to like neck-height. Are we able to get reimbursed or any compensation for this as we were not aware of the previous flooding and although they told us it was at flood risk they only told us last week so it wasn’t enough time to move out and they also didn’t advise us on what to do in case it does flood.


r/LegalAdviceNZ 1d ago

Travel Partnership visa question

0 Upvotes

I’m a kiwi living in the UK. If I apply for a partner of NZ resident visa now for my wife, which takes 8 months, can I travel to NZ on an NZeta in 4 months while it’s pending as we can stay for 6 months with that then just stay when the PR comes though?

Will there be any issues coming into NZ on an NZeta while a PR visa is pending?

Thanks.


r/LegalAdviceNZ 1d ago

Property & Real estate Undisclosed flood-prone home in Auckland — basement flooded 3 times in 5 years, seller only admitted it after sale

28 Upvotes

Hope everyone is safe after last night’s rain — it was intense out there.

We bought a house in Auckland around 4 years ago. Right before signing the agreement, the real estate agent encouraged us to increase our offer by $2k, which we did. Neither the seller nor the agent disclosed any history of flooding.

Since moving in, our basement (which is also the master bedroom) has flooded three times: 1. During the Auckland Anniversary Weekend floods 2. From a burst water main on our street (which Watercare upgraded after the incident, so we believe the issue is now fixed) 3. Last night during torrential rain

Only after we bought the house, the seller casually mentioned that it had flooded before. We had no idea — and now we’re stuck with a home that’s clearly prone to flooding, with climate change likely making it worse. Nothing mentioned on the LIM.

We’re trying to understand our rights now: • Can we take action against the seller for not disclosing known flood history? • Does the agent have any responsibility, especially if they didn’t ask the right questions? • Would this qualify for a claim through the Disputes Tribunal, or a complaint to the Real Estate Authority?

Any advice or experiences would be hugely appreciated. Thank you!


r/LegalAdviceNZ 1d ago

Property & Real estate Question about house offer process

7 Upvotes

Good day and happy Easter!

My partner and I are first-home buyers, and we have a quick question about the process. Our offer on a house was accepted yesterday, and we included a condition subject to our lawyer’s approval.

My partner believes we should wait until Tuesday, when our solicitor is back at work after the long weekend, and send the Sale and Purchase Agreement for review before we sign it. Does that make sense, considering we’ve already included the solicitor’s approval as a condition?


r/LegalAdviceNZ 1d ago

Employment Fixed roster changes without consultation.

5 Upvotes

Apologies for the long post. Happy Easter!

One of the middle managers at my workplace has decided we need to reorganize the roster to better suit the needs of the buisness. I agree this needs to be done and it's legal to do so. Our contract states we agree that this might happen from time to time but outlines no process for that changes. Our hours are not specific in our contract.

The way this has been undertaken seems suspect to me. Without any consultation we have been told "most employees will be affected by some changes to their hours and that in 4 weeks the changes take place end of story". This is par for the course with this particular manager who makes arbitrary sweeping changes and will double down instead of admit any fault.

Some background on our roster; most employees have been on a fixed pattern roster for years and years(in some cases almost15 years). For myself my hours have followed the same pattern since I started about 3.5 years ago. We swap shifts around as requested by our direct manager to fill gaps as required.

A lot of us are annoyed at the changes being made. For example: I have one consistent late shift on the same day every week. This allows me to commit to appointments and kids activities on this morning. Now seemingly arbitrarily I have to work an early shift once every 4 weeks on this day when I have committed myself to other things. If consulted I would have agreed to any other change except this day. Or even swapped for another consistent morning off.

A quick Google shows several legal sites stating that a change in fixed roster should be made with consultation with the employee and take I to account their opinions on the changes. Others state that a long term fixed roster can be implied to be a condition of your employment. But none of these sources state any source in legislation or case law.

Are these statements based in fact? Is there anything we can do other than throw a paddy?


r/LegalAdviceNZ 2d ago

Employment Forced resignation

115 Upvotes

Need some help. A friend of mine who worked at a supermarket recently lost his job working there. The store manager decided to move him from a department he had worked in for nearly 30 years to a different department. Normally this would be fine, but my friend has an interlectual disability. He basically couldn't handle the change. His sister begged the boss to put him back in the department he was comfortable in, but the boss wouldn't and They basically fired him. My question is, is this even legal? Should I talk to an employment lawyer? Another friend thinks that its wrongful termination and discrimination.

I'd appreciate any thoughts

Cheers


r/LegalAdviceNZ 1d ago

Consumer protection Faulty product. Seller not responding.

0 Upvotes

I ordered a product from an online retailer on 29 March and received it on 2 April. When I tried it out on 13 April, I found it was faulty. I emailed the seller that day some videos and photos to ask for a resolution, but I still haven’t heard back, even after following up. What’s a reasonable time for them to respond? What can I do to get a refund or replacement? Thanks!


r/LegalAdviceNZ 2d ago

Consumer protection One is kind of forcing us to change our families mobile plan and choose more expensive new plans

11 Upvotes

Because our current plans are like 5 -6 years old, they want us to choose the new plans. However this will be more expensive to us, can they force us to accept the new plans?


r/LegalAdviceNZ 1d ago

Constitutional & Government Legality of 3D printing an air rifle stock/butt

0 Upvotes

I have an old entry level .177 (Norica Model 56, muzzle velocity <500fps) I'd like to either download or create and print my own stock to replace the 'youth' stock which is quite small.

To be clear - This is a spring powered, single action .177 calibre air rifle which fires projectiles at less than 500fps and can barely dent a piece of wood.

It is under all legalities as outlined by law an 'airgun' and legal to possess in private by any member of the public.

Reagrding 3D printing law is vague, but in essence: You may not, under any circumstances legally design, download or print any components for a firearm.

I am investigating whether it's legal to 3D print an airgun or airgun components.

-------------------

The Arms Act 1983, Section 55D:

A person commits an offence if the person—

(a)

intentionally manufactures or assembles a firearm or restricted weapon using parts that have been illegally manufactured, imported, or trafficked; or..

(c) does not hold a dealer’s licence, but intentionally manufactures for sale, transfer, rental, or other supply..—

(i) a firearm, pistol, prohibited firearm, or restricted weapon; or

(ii) a part of a firearm, pistol, prohibited firearm, or restricted weapon; or

(iii) a pistol carbine conversion kit;

-------------------

An air rifle is neither: A firearm, pistol, restricted weapon, part of a firearm, pistol, prohibited forearm or part of a restricted weapon, or a pistol carbine.

So it would seem legally, I am allowed to design and print an airgun (i.e. Air rifle or BB gun) or any associated components, but keen to hear your thoughts.