r/LegalAdviceNZ

Kia ora all, just wondering if this is fair or if I'm over thinking it.

I had a zoom chat with a lawyer and explained what service I needed from them. They went away with all the info and quoted me $1750 - 3000 for the job. I agreed. Work was completed and I accepted it straight away with no changes needed. Just received my final bill and it was over $3100. With no explanation as to why it was over the quoted price.

Would it be worth asking questions or just pay it? Its not a massive deal but would make me hesitate to go with them again (even though the work was great and timely)

If it matters, it was to draw up a contract agreement of sorts.

Thanks

I‘m in a quite interesting and possibly unique legal position and hope someone might be able to provide a new angle to this.

I am a German lawyer but I work remotely from NZ. I only offer German legal services. If I have to take part in a court hearing in German I do so via video.

Now some courts in Germany really don’t want to use „modern“ technology so they are trying to come up with excuses why I can’t be allowed to use video calls to attend a hearing. One of these fake excuses is that I am breaching NZs Sovereignty by attending a German court hearing from NZ.

I have already given them ample explanation why this is untrue from a legal and technical point of view but they are very stubborn and in the more powerful position. I would like written proof that Aotearoa does not see it’s sovereignty breached by me attending remote court hearings.

Now I have already contacted the Ministry of Justice but they tell me they don’t know and I need to contact the NZLS. They told me that the CLE department of the NZLS would be the ones to contact and I now have tried to get in touch with them for weeks. They don’t answer calls or emails.

Any other ideas? What’s your opinion on this? Who could help here?

Before anyone complains:
- I do pay taxes in NZ and in Germany
- I have a valid visa that allows me to live and work here
- No I don’t want to just go back to Germany

I have requested a week off in Feb and my employer is saying they will have trouble approving it. They haven’t provided me any reason as to why not.

I have given them ample notice and it is just one week. Are they allowed to do this? What are my options? I don’t want to be out of a job because it’s hard to find jobs right now.

Cheers

I am looking for a defence lawyer in Wellington. I haven't been charged with anything but would like to hand myself in for a relatively minor crime. Better I hand myself in rather than my ex bfs mistress do it for me lols. Im hoping for a warning. I'd rather just get ahead of it and speak to the police myself and rip off the bandaid. Does anyone have some good recommendations with some hourly cost estimates? I'm hoping for someone around the $200 mark per hour if possible

EDIT: thank you for all the answers, it's been. really helpful

We're trying to resolve a massively escalated boundary dispute where the other party has engaged a lawyer; our house is in a family trust and the other trustees (law firm) have insisted they need to be involved.

What ensued was many phone calls from their lawyer to ours, each costing ours $500 basically. Costs have spiralled out of control and we're basically broke.

We sent the other party's lawyer the instruction to communicate directly with us, and we sent our lawyer the instruction not to take their calls.

Two days later, our lawyer sends us a message that their laywer again called ours, stating:

> "note that [their] lawyer is bound by a strict professional rule where the lawyer is prevented from communicating with the opposing party and he has a fiduciary duty to his clients and therefore is prevented from communicating directly with you"

This honestly sounds like they're both in cahoots and just taking us for a ride. The lawyers are laughing all the way to the bank and we're financially in a really bad spot.

Is what our lawyer says correct? They've claimed before that since they are acting both as trustees and lawyers they must be involved. We feel scammed.

Hi all, we are having an issue with an aluminium window leaking and wondering what the best course of action is. Bought the house 6.5 years ago but I think they were installed by previous owners before they sold. Is it possible to contact their lawyer to ask for the company they got to install the windows? The original windows were timber but these are double glazed aluminium windows.

Would rather make direct contact if possible as understand how costs can spiral using a lawyer. We don't plan on suing the previous owners because I understand it would be really difficult (need to prove they were aware of the issue) and I'm not sure if the costs involved warrant it... (Could be naively underestimating how expensive it is but fingers crossed)

Would rather give the tradesperson the opportunity to fix and if not then depending how much it costs to fix, sue the tradesperson at the DT (if they don't fix it). Assuming it is a reputable window company however, I hope that it would do the right thing.

I am on a 12 month fixed term tenancy that ends at the end of the year.

My property manager has been asking if I plan on staying at the flat next year so they know whether they need to start advertising it as available. I told them that it is too early in the year for me to know what my plans are, and I won’t know for a few months yet.

They have since come back to me and said they soon plan on updating their website advertising available flats for 2027, and that they aren’t able to “hold” the flat for me, and I’m not automatically entitled to right of renewal. They said they might be able to put off advertising the flat until I know, but can’t guarantee the landlord will be ok with that.

I was under the impression I don’t have to let them know my plans until 28 or 21 days before the tenancy expiry. But then on the flip side, the landlord can also give 90 days notice to end the tenancy anyway.

Now I’m freaking out because the message from the property manager about not having “right of renewal” makes me think that if I don’t make a decision soon, that they will issue me a notice to end the tenancy anyway, and I won’t be able to sign a new fixed term or roll onto a periodic tenancy even if I want to. It’s literally only halfway through the year, and I still have five to six months before the contract ends.

I don’t know what my 2027 living and work plans are yet, but I’m feeling pressured to make a decision now or face a retaliatory eviction notice just because they want assurance that the flat will be signed.

Can they issue me a notice to end the fixed term agreement just because I’m not certain?
How long can I put off making a decision without facing repercussions?

I'm looking at the possibility of placing a small granny flat at the back of our property, and have found two existing covenants on our property I am concerned about. I'd appreciate any insight into whether or not these covenants have any likelihood of being used successfully to prevent us installing a granny flat?

We are currently thinking of a small flat that can be craned onto site (and therefore temporary?) so we have the option of removing it with us if we ever move.

They are as follows:

i) The Transferee will not permit or carry out the erection of any temporary building or structure upon the property except such as may be used in conjunction with the construction of permanent buildings and which will be removed from the land upon completion of the work.

j) The Transferee will not permit or carry out the placing or erection upon the property of any building previously erected on other land excepting transportable homes approved by the Transferor and temporary structures placed there in conjunction with the construction of permanent buildings as described in (a) hereof.  

I am wondering whether there is any possibility either of these could give us grief in the future, either when time to sell, or if we ever get a particularly disgruntled and litigious neighbor- I doubt any of our current neighbours would mind at all but you never know!

I am aware the intention of j) is likely just to require the development consist of new builds rather than old homes brought to site, so I am thinking i) is most likely the problematic covenant, but not all that sure!

As per title. 61 km/h in a 50 km/h zone. NZTA issued an infringement. In this case it was from a mobile speed camera - I've obtained the photo. The towing vehicle had its registration plate obscured by my trailer. The only readable registration plate is that of the trailer.

A trailer is a "motor vehicle" as defined in the Land Transport Act 1998.

The Land Transport (Road User) Rule 2004 states:

"A driver must not drive a vehicle at a speed exceeding the applicable speed limit."

The Land Transport (Offences and Penalties) Regulations 1999 list the corresponding infringement offence as:

"Driver exceeds applicable permanent, etc, speed limit."

The Land Transport Act 1998, section 139AAA, requires the automated infringement system to verify:

"the registration plate of the vehicle involved in the infringement offence."

I can't find any legislation that expressly states that, where a "combination" (driven vehicle + towed) is involved, the registration plate of a trailer is deemed to be the registration plate of the "vehicle involved in the infringement offence", or that identifying the trailer registration alone is sufficient where the towing vehicle's registration plate cannot be read.

Am I missing something? Is there any legislation, case law, or published NZTA guidance that specifically authorises issuing a speed camera infringement on the basis of the trailer registration alone?

I'm not disputing the speeding. I'm trying to understand the legal basis for identifying the offending vehicle when only the trailer's registration plate is visible.

I was born in the US but left when I was 6. I have a nz passport and I am a NZ citizen, my US passport expired over 15 years ago. I have booked a holiday to Hawaii, can I enter the US on my NZ passport? I don’t have a valid US passport. Thanks!

So we've just purchased a house and moved in, week 2 we have found out there is a roof leak unfortunately.

Normally I would assume that this is on us and it was just an unfortunate circumstance, however upon finalizing repair we have found that the leak has been cause by an incomplete repair.

Ther is a small brick sized hole (10x15cm) that has rusted through in a tin flashing that was hidden behind a new gutter that (according to our roofer) has been recently installed. The vender has also had the roof pained the previous summer and this repair was after this.

Not only that but the gutter replacement was not fit for purpose being 50mm short(again as per the roofers report).

It was of course missed during the building inspection as it was behind a gutter and not visible without being at the apex of the roof or removing a gutter.

Not sure if we should pursue the costs of the repair through small claims? Of if we even can?

My sister has passed away suddenly from cancer and she owes at least a few thousand dollars that we are aware of to companies like Afterpay and Zip. Are we, her family going to have to pay for it all eventually? Thank you

My employment contract states that either party must provide one day's notice to terminate the contract. Prior to this, my supervisor and I had verbally agreed that I would continue working on a regular basis over the next few months to the end of the year.

However, I had to undergo emergency surgery. My surgeon and GP advised that I would need approximately 3-6 months to recover, and both provided me with medical certificates confirming this. I informed my supervisor as soon as I received this information and let them know about my medical diagnosis and expected recovery period. Although my employer did not ask for medical documentation, I had medical certificates available from both my surgeon and GP.

I understand that employers are not required to keep a position open indefinitely while an employee is unable to work. However, this is the first time in more than four years with the company that I have needed an extended period away from work due to an unexpected medical emergency.

Instead of discussing any options with me, I was informed via text message that my employment was being terminated.

The message also stated that I was welcome to text them in the future if I wanted to be rehired once I had recovered. To be honest, after being dismissed in these circumstances, I have no interest in returning to work for the company. I'm mainly trying to understand whether the way this was handled was appropriate and whether I have any legal options, rather than seeking re-employment.

I'm wondering whether this is considered normal or lawful, particularly given my length of service, the medical circumstances, and the fact that I gave my employer notice of my situation as soon as I could.

Background:

-Partner and I moved out of our old rental and started flatting with partners cousin and cousins girlfriend.

-We are all listed as tenants on fixed rental agreement.

-Since we've moved in I've had a problem with living with cousins girlfriend. Leaves her mess around, doesn't clean shared space, does bugger all when inspection week comes around and partner and I scramble to get house decent for inspections.

-Been over it since day one, however due to cousins work situation I felt bad and agreed I'll stay and signed for another year. Despite not being happy and feeling trapped in current living situation.

-Rental agreement ends March next year.

The last straw:

-Found out cousin and cousins partner has bought a house on Facebook marketplace as I saw them advertising rooms for rent that wasn't a house I've seen before and asked about it.

-They get keys to their new home next month.

*Note: they didnt tell us they had intentions of buying, otherwise I wouldn't have agreed to extending current rental agreement.

-We knew nothing until I randomly came across post on marketplace...

Advice needed:

-What happens if I want to leave the current rental as I am also on the tenancy?

-Can cousin and cousins partner object?

- Cousin told me they will stay till next March in current place, however my trust is gone and for the sake of my mental health Id rather not take their word, wait around and find out. Id rather pay whatever the landlord wants to break the agreement and leave.

-Ive started looking at places already. What would happen if I was to move out next week?

-Can me wanting to leave be brought up with property manager without them telling cousin?

What are the rules in this situation?

Any advice would be greatly appreciated.

Hey all,

I’ve recently received a meeting invitation with my manager and an HR representative due to my attendance at work (all sickness with medical certificates). How much notice is reasonable for a meeting and what disciplinary action could i face for legitimate illness-related absences?

If a house sale has gone unconditional but has not yet settled and the owner of the house dies before the settlement date, what happens? I'm assuming the power of attorney for the person acting on the owners behalf is no longer valid? Would the sale be postponed pending probate of the will?

I work at an Auckland supermarket with a pattern of bad-faith deceptive treatment of staff, especially young/migrant workers. There are a few separate issues going on and I’d appreciate advice on each.

1. Repeat breach of contract even after being backpaid. I was previously backpaid around $2k after the company admitted to breach of contract and stolen wages. They’ve now breached my contract again — this is a repeat offence, not a one-off mistake. Its all clearly evidenced by my email communication with HR but they literally breached it again which is actually insane considering I made a huge deal of it the first time. They will try justify it by saying its an audit or mistake but i cant accept that because it happened because they are negligent

2. Unequal break entitlements for migrant staff. Migrant coworkers, Chinese national, are only getting 10-minute breaks on 7-hour shifts, while other kiwi staff like me get the standard 20/30 minute breaks required by law.

3. Forced contract variations disguised as policy. Long-term uneducated part-timers are being pushed onto casual contracts without being told it’s to cut costs.

Also, the manner in which vary contract. I have screenshots of them telling me its “required” to sign a variation of the origina contract that lowers my hours and I didnt sign it obviously but they went on to enforce it. I told them this. HR silly goose claimed the variation was “required” as a “hygiene practice,” which doesn’t hold up at all🤯— “required” has an ordinary legal meaning, it means you are required to sign a contract theres no other interpretation. No one cares if its a hygeine practice because it happened. The HR person im dealing with has no legal background AT ALL and im am constantly dumfounded by her dumb responses so im thinking to escalate to email CEO? is this a bad idea? I dont really care if i lose my job I just want make sure this immigrant and youth exploiting company gets publicity.

4. Pattern of exploiting vulnerable staff. The store disproportionately hires very young people and migrants. One migrant coworker has confided in me because I’m “the closest thing to a lawyer” he has access to, and he told me he sobs to himself everyday due to the 10min break per 7hr shift issue meanwhile kiwis getting standard breaktimes. Clearly this is a success PG but as someone working at the supermarkt he most likely cant afford legal representation so i told him to foward his emails to the union and go outside the company as HR is there to protect the company legally.

I want more than just my own back pay recovered — I want this pattern actually addressed rather than repeated? Im so disgusted i want to publicly shame them.

Happy to give more detail in the comments

Hi everyone,

I'm looking for some guidance.

I was employed under a 90 day trial period. During my employment, I made a few verbal internal protected disclosures about matters that I believed were serious.

Shortly afterwards, I was unexpectedly called into a meeting room, handed a termination letter, and my employment was ended immediately under the 90 day trial. There was no prior indication that my job was at risk, no concerns had been raised with me beforehand, and I wasn't given an opportunity to respond.

From what I've read, a valid 90 day trial generally prevents an employee from challenging a dismissal. However, I also understand there may be legal protections where an employee is dismissed because they made protected disclosures.

My questions are:

Can a dismissal under a valid 90 day trial still be challenged if it was allegedly in retaliation for making verbal protected disclosures?

Does the fact that the disclosures were verbal, rather than written, make proving the case significantly more difficult?

What type of evidence is generally relied on in situations like this?

Are there any Employment Relations Authority or court decisions involving similar circumstances?

If a claim is successful, what remedies are typically available?

I'm considering raising a personal grievance and would appreciate any insight.

Thank you.

Need advice, please!

I arrived at work today, fully ready to commence my shift. However, my laptop could not connect to the company’s secure network. IT couldn't resolve the issue, and the incident team does not operate outside of Mon - Fri.

The weekend manager spoke with the on-call ops manager, and I was then sent home. I'm guessing they had considered sending me to another work location, but ultimately decided against it (due to the lengthy travel time, etc.).

Now, my question is this: as I'd have otherwise been paid the weekend penal rates, will my employer still be obligated to pay me my entitlement? or just the ordinary hourly rate? The Employment Relations Act Sec 67G seems to suggest the former, but I want to make sure I've interpreted it correctly.

Thanks for your time!

So the ship might have completely sailed for this scenario, but we have just discovered a leak in our roof. We purchased the house in January, which was obviously a while ago, but this is just the first sideways rain we’ve had. I’m wondering if this leak was an issue that wasn’t disclosed when we purchased, because the water is coming through an existing hole in the moulded plaster ceiling. We had put down to a fixed historical leak, based on it not being mentioned, but the hole was very obviously caused by water damage at some stage, it’s next to a chimney and there’s water staining on the ceiling. It was a rental before we purchased it, I’m wondering if the tenants mentioned a leak to the rental agency?

I’m expecting that we probably just have to suck it up, but we moved cities so I can study, currently on one income (supplemented by the family tax credit) so not really in an income bracket where this isn’t a stressful situation. Does anyone know if we have grounds to pursue this, or have any advice? Thanks in advance!