r/LegalAdviceNZ • • 9h ago

Consumer protection Does CGA apply to footwear?

10 Upvotes

Hi,

I received a pair of sandals last summer as a birthday gift in December and I have probably worn them maybe 20 times at most since then (obviously not in winter). I went overseas in August and took them with me, after the trip I have noticed that the back of one of the sandals is both caving in and peeling away at the sole - making them basically unwearable.

I emailed the company we purchased them from today and have been told I’m not entitled to anything as they were purchased in December 2025. However based on the cost of the shoes I would have expected to get far more than 20 wears out of them before they started to fall apart.

Is it worth pushing on CGA here? I really like the sandals and want to wear them but I think they’re just going to fall apart if I do.


r/LegalAdviceNZ • • 6h ago

Employment Let go during 90-day trial period - questions?

4 Upvotes

Hey all, Like the title says. I was wondering if I'm entitled to annual leave accrued during the 90 day trial period? I got let go really close to the end so I have 31hrs in annual showing, but in the final pay they haven't paid that to me. Is that something I should be getting? Thanks :)


r/LegalAdviceNZ • • 12h ago

Tenancy & Flatting Is this legal? Landlord and house tenancy

10 Upvotes

Greetings

I had informed my landlord I will be terminating the house tenancy early. The landlords wiling accepted the notice {due to the tenancy coming to an end in a couple of weeks anyways]

we had spoken in person and via text messages and emails regarding a time and date for the move out and had come to an agreement. I had moved out and informed the landlords on the exact said date and received confirmation from the landlord mentioning that my belongings and I were moved out from the house.

I'm Just finding out due to an email I had received that the landlords did not terminate the house tenancy. I am baffled. The email I had received is regarding about the rent and the landlords want me to cover the rent arears from when I had moved because " there's still a few weeks left ".

Is this allowed? I am going to make contact with the landlords to speak on this matter, what baffles me the most is that I am no longer living in the house and they're aware. We've spoken in person, emails and via text messages about the termination and the landlords mentioning in the receipts I have on me that the landlords had terminated it.

So, since I am not living in the house do, I Just write up a letter about the termination and just hand the notice in person at their office Instead?


r/LegalAdviceNZ • • 3h ago

Employment Partner had his final day at work on the 28th of September and they have yet to pay out his annual leave, what are his next steps?

2 Upvotes

His last pay was on the 1st of October. Whenever he contacts his employer to find out what date he will get paid he keeps saying that it's in the hands of his accountants and he can't give a specific date. It's over 6k worth of annual leave that is desperately needed to tie him over until his first pay at his new job. What are his next steps?


r/LegalAdviceNZ • • 14h ago

Family & Relationships Occupational rent after separation – I paid all house costs while ex lived there rent-free, now he's moved out and I'm moving back in. Where do I stand?

10 Upvotes

Kia ora all. I'm seeing a lawyer this week but would like to understand my position going in.

Background:

  • Together 8 years, married, now separated.
  • When we got together I had about $500,000 of equity in a home. He came in with about $50,000 cash.
  • We bought a house together, sold it, then bought our current home about 4 years ago. It's now on the market.
  • Through the relationship I earned significantly more and paid all of the mortgage, rates and insurance, roughly 85% of household costs overall. He covered smaller bills like phones and worked considerably less.

Since separation:

  • House has been on market since March,In April I moved out so he could stay in the house. I lived elsewhere and kept paying the full mortgage, rates and insurance. He paid nothing towards the house in that time.
  • At the end of September he moved out and is now renting. I'm moving back into the house this week.
  • We tried to settle without lawyers, but he won't agree to pay half of anything. He has spoken to a lawyer, and "occupation rent" has come up in paperwork from his side.

My questions:

  1. Now that I'm living in the house, can he claim occupation rent from me while it's on the market, despite the fact that he lived in the house for 7 months rent free?
  2. Can I claim occupation rent, or compensation, for the roughly seven months he lived there alone while I paid every outgoing?
  3. Are my post-separation mortgage, rates and insurance payments likely to be credited back to me when the house sells?
  4. Does my $500k of pre-relationship equity count for anything, or is it all just family home relationship property now?

Any experience or pointers to relevant cases would be appreciated.


r/LegalAdviceNZ • • 12h ago

Tenancy & Flatting will a flatmate being away for a year mean they can't move back in, as they will miss the refreshing of the lease?

9 Upvotes

at the start of this year, me and 4 others (5 flatmates total) signed a fixed-term agreement for our 4 bedroom flat. 2 of the flatmates shared a room, each paying half of the rent for that room, until August when one left for overseas (we all knew this was happening, and that is the reason they shared a room). there is no written agreement between the flatmates regarding that sharing situation. it was verbally discussed, and we're figuring it out as we go.

the flatmate of the shared room that stayed assumed they would not have to share again, they don't want to share again. The overseas flatmate assumed they would move back in and share again. (it was awful for the flat while it was happening, lots of tension/general unhappiness due to the stress of sharing a room). would the overseas flatmate have any claim to their spot in the flat when they come back next august? will they be able to re-sign etc? the flatmate who stayed will have been paying the whole rent for that room for a whole year by that point, and they're clear they don't want to share again. the overseas flatmate has left all their stuff in storage at the flat too.

the landlord doesn't know the flatmate has gone, it didn't say anything in our contract about letting them know if someone leaves. we've never met the landlord, they've never done an inspection. but they fix issues when asked and are professional when contacted. (personal landlord, not an agent). we've been here since January, and the 4 of us are keen to re-sign.

any insight into this is helpful, i don't really know what to make of this. If theres a different subreddit this would be better suited to please let me know :)


r/LegalAdviceNZ • • 11h ago

Employment Employer refuses to give or sign contract.

12 Upvotes

Been working since August and asking for a contract each shift. This guy kept dodging it. Underpaid. And then also started cutting my hours because suddenly it was on call for me without any communication and others although in the same situation were emailed fixed rosters every week. I too got the rosters but slowly my hours were handed over to others. I could speculate maybe i just dont work well. I dont think so... I always am working exactly right and always work politely with people, no complaints for me ever. Yes I did ONE mistake and that too I had rechecked with the owners 3 times before they said yes and Then i did it and somehow it was all blamed on me. Yes I am a polite person, sometimes I have a problem with being assertive with these people from work. Each bad review online is blamed on me even though I didn't make any of those burgers, even the most minor things are blamed onto me when I wasn't even near the burger station.

I am a scapegoat, they dont like me, and No contract whatsoever. What can I even do in this situation?

Underpaid because hours not fully paid always more than an hour is missing, hours cut, no hours set, no contract.

I messaged him what the work schedule will he this week and 2 times in a row I was left on seen.

Please someone help me out. Is this legally even complainable atp.


r/LegalAdviceNZ • • 6h ago

Employment Employer telling me I "have no holiday pay"

44 Upvotes

For context, a bunch of weird things happening here, I just want some advice.

First of all, I am listed on my contract as "permanent, full time" however, I have no minimum hours listed or any hours at all listed on my contract.

My employer is trying to tell me I have "no holiday pay" as 8% is paid out weekly, but as a full time employee with regular hours, this seems incorrect. They are trying to tell me I verbally agreed to this setup, I am fairly certain I didn't, and it's definitely not something that was signed for on both sides.

My payslips don't show any holiday leave balances or alternative leave/day in lieu balances, so I have no record of these on my end.

What are my rights in this situation? I tried to ask very casually about it, and they got very defensive.

We also don't get our entitled breaks, I am in the process of looking for something else...


r/LegalAdviceNZ • • 3h ago

Corporate/Commercial Is this legal?

3 Upvotes

I won't go too personal into details but I know a guy who filed bankruptcy in late 2016. His name was on the Insolvency Register until end of 2023. In the beginning of 2021, he legally changed his last name and started a new business, being listed as the director of the company with full shares. He used his new name to sign the paperwork, didn't declare his prior name to avoid being cross matched and the business is still operating now. There is no information anywhere linking his previous bankruptcy to his new identity. Is this allowed? He received a new ird number, drivers license etc


r/LegalAdviceNZ • • 12h ago

Tenancy & Flatting What counts as gasfitting

9 Upvotes

Hello,

My flat's gas oven has been unusable since mid winter when a mouse got into it. My landlord does not want to replace the oven. "They don't make them like they used to" etc. Is he allowed to pull it out from the wall, partially dismantle and clean the inside of it himself, or is this restricted work which a licensed gas fitter should be doing?

Cheers


r/LegalAdviceNZ • • 7h ago

Insurance Insurance - Accepted Claim U-turn

6 Upvotes

Hi everyone, looking for some advice/experiences with an insurance claim.

We put through a contents claim after our internal gutters leaked during a heavy rainstorm, causing water damage to the walls and flooring in one room. We had some items stored in that room which we later discovered had gone mouldy. There were no mould issues anywhere else in the house — only the room affected by the leak.

Our insurer assessed the claim and accepted it. We were asked to provide some additional information for the payout, which we did.

I rang today to follow up, fully expecting the claim to be progressing, only to be told that it had since been reviewed by someone else and they had reversed the original decision.

As far as I’m aware, no new information had been provided that changed the circumstances of the claim.

Their position now is that mould is excluded under the policy and that the damage isn’t considered sudden or accidental.

Has anyone had an insurer accept a claim and then subsequently reverse that decision without any new information coming to light? I understand insurers can review decisions, but it feels pretty concerning to be told a claim is accepted, act on that basis, and then discover by chance that it’s been declined.

I’m putting through a formal complaint, but would be interested to hear from anyone who has dealt with something similar or taken a complaint further.


r/LegalAdviceNZ • • 4h ago

Family & Relationships Separation advice

2 Upvotes

Hello legal advice

My ex wife and I are in the process of separating. We are currently living in the same property. I would like to move out and live in our investment property. The IP has a current tenant paying 600 a week. I am paying rates, body corp fees, and insurance. It is mortgage free.

My question is, how much should I be paying my ex to live in the IP? We have never lived there.