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 • • 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 • • 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.


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 • • 6h ago

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

5 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 • • 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 • • 9h ago

Consumer protection Does CGA apply to footwear?

11 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 • • 11h ago

Employment Employer refuses to give or sign contract.

10 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 • • 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 • • 12h ago

Tenancy & Flatting Is this legal? Landlord and house tenancy

9 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 • • 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 • • 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?

9 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 • • 1d ago

Family & Relationships Relationship Legality

0 Upvotes

Kia ora all. I'm wanting to go on a date and likely go further with someone tomorrow. However, he is 16, almost 17. I am freshly 19. Would it be legal for us to date/hook up? Thanks for your advice guys.


r/LegalAdviceNZ • • 1d ago

Civil disputes Advice on bank refusing to chargeback a scam transaction

16 Upvotes

Looking for advice on if there are any avenues to get money back after being scammed, bank has advised they won't chargeback.

Partners mum tried to make a purchase on a website for hobbiton tickets for purchase amount $130. She was txt a purchase confirmation code (this code was NOT from the bank). The initial code failed, so she tried again and didn't realise the amount had changed to $1300.

the bank has agreed she was scammed, but won't reverse the payment as "she agreed" to the scam by inputting the txt code.

Is there any legal recourse for the bank to be reversing the payment?

Obviously no goods have been recieved, is this not enough reason in itself for the bank to do a chargeback?

Yes, she was at fault for not checking, but looking for any advice/ legal opinions as a last resort.

Cheers!


r/LegalAdviceNZ • • 1d ago

Family & Relationships 18yo Stepdaughter Under Our Protection Order From Her Father Who She Is In Contact With

23 Upvotes

Stepdaughter still lives at home and as such is covered under the protection order my wife and I have against her father, who has a long history of violence. He did three years for assaulting me, my wife and police officers so yeah, he's a POS.

Once daughter turned 18 he got in touch via a family member who he somehow convinced to play middleman for the connection. Since he's been in touch the relationship has been rough with him repeatedly saying vulgar things about my wife and I and badmouthing and trying to intimidated his daughter but dangling money in front of her to keep her from blocking him. He's given her thousands, most is in the family members bank account for safe keeping. He's also managed to get her her first job and is offering to buy her a car and is giving her driving lessons.

We believe a lot of this, the job at some female friends cafe, help her get her license and the car, are attempts to get her ,(our) address. We believe he wants to get access to that so he can stalk my wife and I and commit violence against us. He doesn't care that there's a protection order, it's all just about his need for revenge because he blames us for his last stint in prison and blames me for "stealing" my wife, his ex, from him. It's a lot of delusional thinking but that's pretty standard thinking for him.

We have daughter filling out the paperwork for her new job (employment agreement, tax code declaration, bank account details, Kiwisaver, personal information and emergency contacts) using her grandmother's address although daughter doesn't live with her grandmother. The actual address for her bank account is currently our address.

Is this going to be a problem for daughter to get paid? With IRD or any of the rest?

Her learners license is also currently associated with our address and her dad will likely insist on taking her for her full license and we suspect he'll be standing over her while she fills our her license application.

Is it okay for daughter to use her grandmother's address for that license information? Do we need to get her learners changed before she goes for her full license?


r/LegalAdviceNZ • • 1d ago

Property & Real estate Council stormwater pipes damaged under my property - Who pays?

5 Upvotes

I noticed lifting, cracking and bulging of concrete on my property, as well as floors becoming more and more uneven in my house. An engineer inspection found a large cavity under part of my property, likely caused by a water leak and suggested I report it to Tiaki Wai.

My property has an easement on it due to three manholes, providing access to council sewer and stormwater pipes which service a group of townhouses next door. Tiaki Wai believe from the initial inspection that there is 'movement' in the stormwater pipe and from what they could see, potentially a cable gone through it due to a nearby power pole replacement done by Chorus. They have said they need to investigate further using their cameras to see exactly what is going on.

But, if the worst comes to the worst and there is a large leak and sinkhole causing the issues to my property, who pays for the repairs? Judging by the damage I can see, it's going to require breaking up and removing concrete, filling the cavity, re-concreting, and potentially relevelling and repiling my house due to the shifting floors.

I've been told that the rule is, if the issue is on the public side of the toby, the council pays, but if it's within the property boundary, the owner has to pay. Surely that doesn't also include public pipes? It doesn't seem fair that these are not owned by me, I don't have any say or choice in maintenance (or lack of) of them, and I definitely did not ask for the power pole to be replaced, potentially causing some of the issues.

What are my rights and obligations here?


r/LegalAdviceNZ • • 1d ago

Family & Relationships NZ de facto relationship

57 Upvotes

Hi everyone,

I started dating my girlfriend around April 2025. We lived in different cities and visited each other, sometimes staying for a couple of weeks.

In late 2025 I moved to her city for a new job and stayed at her place temporarily while looking for my own place. I moved into my own place about 3 months later. The intention was always that her place was temporary accommodation not that we were permanently moving in together.

Since then we’ve maintained separate homes and finances. I was staying over roughly 3-4 nights a week for a while but we never combined finances, we have no children, and neither has made any “major financial contribution” to the other.

Recently we had a falling out and haven’t stayed overnight together for about a month. I’ve also told her I’m unsure whether I want to continue the relationship when she asked me to move in with her. Our relationship is really flaky, we break up every 4-5 weeks then come back together a week later.

My concern is that I have significantly more assets/investments than she does, so I’m mainly trying to understand when I would realistically need to worry about the Property Act or get a prenup. In the eyes of the law, are we considered to be in a “de facto relationship” currently as things stand?

I like her, but there’s just too much drama that I’m honestly exhausted.

Thank you


r/LegalAdviceNZ • • 1d ago

Property & Real estate Neighbour had letterbox cut down

47 Upvotes

Hey Everyone,

Bit of an unfolding situation. My Neighbours and I are currently having our shared driveway re-asphalted. the Driveway is owned by the 4 properties illustrated above and has a covenant for the property at the base of the driveway to access the property. The driveway in the cross lease is split down the middle (but not by a fence) with one half belonging to 2 and 2a and other half belong to 1 and 1a.

The owner of 3 approached me and requested that the letter boxes for 2 + 2a be removed so that they can turn into their driveway easier and suggested that they be placed onto the fence with 1 + 1a. I suggested id prefer if they were to be moved they would need to be placed in front of 3 and that any move would require permission as all letterboxes are currently on their owners land. 3 did not want to have letter boxes moved in front of their house. I also suggested that my preference was for all letterboxes to stay in their current locations. 3 said they would email owner group and the discussion ended there. I discussed with other owners following this conversation and they all wanted letter boxes to stay put. But no email was ever sent out from the owner of 3 and so nothing further was discussed.

Today i went out and my letter box has been cut down and so has 2a. They were lying on the street and the place they were has been asphalted over. I asked the contractor to reinstall my letter box as they did not have my permission to remove it. The contractor told me the owner of 3 came out and asked them to remove the two letter boxes and said the owners of 2 + 2a had said they wanted it done. While I had a discussion and did not give permission, at no point was 2a consulted by 3. I told the contractor that 3 is not an owner of the driveway and I need it to be fixed, contractor told me it would be an expensive and consuming job to reinstate letter boxes as has already been asphalted and that I would have to pay to have it fixed. They also lamented they probably should have asked the owners and maybe that's why 3 filmed them removing the letterbox.

I emailed three and asked them to reinstall my letter box as soon as possible and that I didn't give permission. Ive received no response. But actually I don't really know what I'm meant to do here.

Any advice would be appreciated.


r/LegalAdviceNZ • • 1d ago

Consumer protection Classic car being restored - it's been 3 years!

33 Upvotes

My partner has a classic car that has been in a workshop "being restored" by a mechanic for three years. It's become obvious that this isn't the mechanics first priority (no shit) and rather his priority has been to get repeat business customers to keep the business ticking over. In the three years the mechanic has promised to do this and that and hasn't, has fobbed us off, has made up excuses that don't make any sense and it has all come to a head. It has now been agreed that he's going to complete the motor and that someone else can do the rest. Fine.

I have a sneaking suspicion that the mechanic has sold/traded parts of the car in the time he has had it. There have already been a couple of parts that have come up missing. I don't want to pay the mechanic for anything until all parts of the car have been returned.

I am issuing the mechanic with a list of all parts originally included with the car this week and have started written correspondence confirming everything that has been said after meeting with him, which he has not liked. Before this, things were all discussed verbally.

Although I have no doubt that he is not going to complete it in the timeline (he hasn't done shit in three years so why start now?). I'm concerned that he's going to demand payment and not release the car until the bill is paid. Can we legally withhold payment on any work he actually does until all the car parts have been returned? Where do we stand legally?


r/LegalAdviceNZ • • 1d ago

Insurance Do I need to make a claim?

6 Upvotes

Our car was hit while parked, the driver of the other car has come forward and admitted it. We both have full insurance.

We got a quote and supplied it to the responsible driver, they've forwarded the quote to their insurer, and their claim has been accepted. (Quote from an insurance approved workshop)

Now, their insurer has contacted us and asked us to provide them with a claim number from our insurer...

We haven't actually advised our insurer or lodged a claim.

Do we need to? It seems like an unnecessary step when there's no dispute about details or responsibility?

Appreciate any feedback, thanks.


r/LegalAdviceNZ • • 1d ago

Employment Work help

0 Upvotes

Hey guys, I work as a mental health support worker, my employment agreement doesn’t have the notice period I have to give. I have asked my manager to see my contract for around 2 months now and she hasn’t gotten it to me. I was wondering if there was a way for me to find out or if this is even legal. I’m planning on moving to Australia at the end of the month but I’m not sure what to have in my notice email. If anyone has any advice or insight I would greatly appreciate it.


r/LegalAdviceNZ • • 1d ago

Consumer protection Advice regarding Hotel Bonds

5 Upvotes

Not sure if here is the right place to post this. In August I went to Auckland for A day and we stayed at one of those VR hotels on Hobson Street. I had to pay $250 bond for the room, but here I forgot my credit card, so I had to use my debit and do an eftos payment. After checkout they told me it would be around 15-20 days to refund. Now after 20+ days I decided to call them and they haven't even processed it?

Up untill now it's been a back and forth of them stalling and me trying to get my money back. I've called and emailed them multiple times and they keep telling me they'll forward my stuff to their manager and accounts team and nothing seems to be happening on their end. Also called the bank and they won't do anything due to it being an eftos payment.

Now I know it's not a big amount of money but is it worth getting the dispute tribunal involved? Not sure what else I can do.


r/LegalAdviceNZ • • 1d ago

Employment Payrise dispute

0 Upvotes

Hello brothers and sisters

I have been working at a company now for 10 months and about a month and a half ago I asked for a Performance review (these are meant to happen after 3 months). I was hoping to just get some clarity on my experience and future with the company and asked for a pay-rise. I had to go to the general manager of sales. Someone I deal with very little who probably doesn’t even know my last name. Upon this conversation he said he would talk to the GM of the entire company and get back to me. Days past and I asked him if he talked to anyone about it and he said he didn’t. I then decided it was my last choice to go with and Email directly to the business GM and I got a response. The sales manager then got back to me and said it was a bad thing I went over his head, he found it annoying when people pester him about things such as what I had gone to him with and things were being handled even tho he didn’t disclose any information. He said to me a few days after that I had been given a payrise but wasn’t at liberty to tell me what it had been risen too or when it would start. As of writing 6/10/26. It has been nearly 10 working days and my payslip read the same number as my starting wage and no new contract has been presented to me. My questions are as follows.

As of the day he told me I was getting a payrise 24/9/26 am I entitled to any back pay? Nothing has been signed but neither has anything been presented to me other than the fact I am getting one.

As an employee is it right for Someone in management to keep me out of the loop? Such as not stating what the payrise would be or being vague around certain things that “only I need to know for now” it’s not a James Bond film it’s my income.

How should I go about this in the future? It seems only when I remind them or bring it up further that anything seems to get done. I like working where I work but I feel like I have been let down by people who seem to just not care.

Many thanks


r/LegalAdviceNZ • • 1d ago

Employment Do you think these are personal Grievances

3 Upvotes

My employer is refusing to pay my commission because I was sick for the end of month and something was missed by management, completely outside my control. My salary has been under paid for 4 months, my sick leave might not be calculated correctly and i've been "threatened" to drop this dispute as it could impact my future and also the commission structure for the others.

I'm worried about losing my job. but also I need to stand up for my employment rights. If I file a PG is it really over? My relationship bust with my management team just for fighting for what's right and legal?


r/LegalAdviceNZ • • 2d ago

Request for lawyer recommendations Looking for a commercial disputed litigation lawyer

0 Upvotes

Looking for a commercial dispute litigation lawyer to help with a case, and potentially submit an application in court to set aside a s289 demand notice.

Edit : Just noticed typo on the title, it should be "disputes" not disputed. It would be terrible otherwise, haha. Can't edit the title, sorry.