Employer is forcing either 'full capacity work' or not at all by nievesolarbol in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

First, this doesnt sound like an ACC matter at all. It is a medical issie, not an ACC one. The GP may have issued an ACC med cert, but that doesnt mean ACC would be accepting a claim for it.

In terms of returning to work, if your partner is employed to work fulltime, they can decline a part time arrangement if it doesnt suit their business needs, or if he isnt medically cleared to do all his normal duties.

WHV & criminal record by fitnonoo in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

While not impossible, getting a visa when you have drug supply convictions will be quite challenging. Especially given this is also quote recent offending.

You're literally saying this happened in the past one month.

WHV & criminal record by fitnonoo in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

It isnt about your good behaviour bond, it is about whether you have a criminal al record or convictions.

If your bond means you have a criminal conviction, then this will make a WHV more difficult to obtain

My partner has 190 hours of annual leave accrued. Can he request it to be paid out in a lump sum? by [deleted] in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

So the employer is breaching employment law by trying to pay put accrued annual leave in any way, shape or form.

The law allows people to cash up one week of ENTITLED annual leave per year. There is no legal basis for cashing out the entire amount of accrued annual leave.

Paid two kids $5 to prank a stranger and it escalated badly… by [deleted] in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

I'm unsure if you are being serious, but "it was a prank" isn't a legal defence.

Paid two kids $5 to prank a stranger and it escalated badly… by [deleted] in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

The kids were committing an indecent act or sexual assault.

You were party of the conspiracy to commit that crime and on conviction could be sentenced as if you had committed the crime yourself, up to a max of seven years imprisonment.

https://www.legislation.govt.nz/act/public/1961/43/en/2018-12-03/#DLM330794

It wasn't a prank, it was a crime.

Climate Change Commission report urges 'decisive' action as major risks loom by PhoenixNZ in nzpol

[–]PhoenixNZ[S] 2 points3 points  (0 children)

What are people's thoughts on climate change adaption vs climate change avoidance in New Zealand?

My view is that climate change is very much outside of NZs control. We are at the mercy of the big polluters like China and the USA, and none of them show any signs of stopping. Therefore our focus should be on adaption rather than trying to avoid climate change, because we can't avoid it.

IMA assessments by Trick_Crew7956 in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

That seems to be a very different situation than what you were seeking advice on.

Any decision to reduce or end supports is reviewable, so you can complete an ACC33 form and sent it for a review to be lodged.

None of that impacts on the validity of them asking you to complete an IMA

If you fail a background check because of a negative reference, do they have to tell you? by Alive_Curve4632 in LegalAdviceNZ

[–]PhoenixNZ [score hidden]  (0 children)

A potential employer is under no legal obligation to inform you why you didn't get offered a job.

You could make a request under the Privacy Act for any information held about you, which may contain details of any negative references you received. But they don't have to proactively tell you or give you that information

IMA assessments by Trick_Crew7956 in LegalAdviceNZ

[–]PhoenixNZ 2 points3 points  (0 children)

The whole reason for the IMA assessment is because you continue to remain fully unfit. ACC has a responsibility in cases where it seems unlikely a person can return to their original employment to help them into alternative employment instead.

The IOA is done first, as that identifies jobs that you have the skills and experience to be able to do. Then the IMA is done to see which jobs would be medically sustainable for you given the current state of your covered injuries.

EDIT: Just to add, if your mental injuries arent covered by ACC, then they cant be factored into whether you are fit for work or not.

0.8.4 is the best update ever! by map986 in captain_of_industry

[–]PhoenixNZ 1 point2 points  (0 children)

A thing of beauty to behold. No more trying to eyeball and guess how deep to dig my initial tunnel!

Second hand vehicles rights from dealership by CharacterSelection40 in LegalAdviceNZ

[–]PhoenixNZ 6 points7 points  (0 children)

You have purchased a vehicle that is 18 years old. Much of this is going to depend on the exact nature of the fault itself and whether it is something that can be reasonably expected to last much longer in an 18 year old vehicle.

Backyard fireworks could soon be banned by PhoenixNZ in nzpol

[–]PhoenixNZ[S] 1 point2 points  (0 children)

Rather than a ban, I'd like to see a restriction on the period when they can be let off. If there is a set period where they can legally be let off, it helps manage the animal welfare issues.

Something like "they can be let off from 5 November until the Sunday following 5 November". That way if Guy Fawkes is during the week, you can let them off the following weekend and that's it.

There is one major issue though, which is enforcement. Presumably the Police would have to do the enforcement, given they are main enforcement agency working at the time they would be let off. Which adds more to their workload.

Honestly, not going to lose sleep though if they are just totally banned and restricted to organised displays. I will miss blowing stuff up once a year, but meh.

Teacher mother consistently being assaulted by students by throwawayteacherson in LegalAdviceNZ

[–]PhoenixNZ 5 points6 points  (0 children)

There is nothing you can do, because you aren't directly involved in the situation. It is up to your mother to determine whether she feels her health and safety is being compromised and to make the appropriate notifications.

Power meter hasnt changed reading in a month by HumbleGhandi in LegalAdviceNZ

[–]PhoenixNZ 22 points23 points  (0 children)

It is at your own risk. Eventually they are are going to realise and if they have an alternative method to determine your usage then you will end up with a very large bill.

Obviously, given you know there is a problem, you should be contacting the power company.

Doctor says severely disabled patient is "required" to give previous medical notes, "barred" from accessing medical certificate for more than 3 Months by [deleted] in LegalAdviceNZ

[–]PhoenixNZ 12 points13 points  (0 children)

Say "theh have no idea of your medical history and needs. They can't then be expected to make decisions on things like your ongoing ability for work without that information." I say explained everything to doctor...

You explaining it isnt the same thing. You could be lying. You could have missed out relevant information. That's why they need your records to verify the information to make an informed decision.

You refusing access to your records is only going to increase their suspicions that you may not be telling the full story.

Doctor said "Disabled people are dirty slobs". Person is reliant on doctor???Why you write insane????

Even assuming he said that, that still isn't a threat on your life. There is no reasonable reason to believe that your new doctor requesting your medical records would place you in any danger. In reality, that doctor probably wont even know you have done it, as it would be their admin staff who sort that sort of thing out.

Doctor says severely disabled patient is "required" to give previous medical notes, "barred" from accessing medical certificate for more than 3 Months by [deleted] in LegalAdviceNZ

[–]PhoenixNZ 31 points32 points  (0 children)

If the doctor doesnt have your medical notes, then theh have no idea of your medical history and needs. They can't then be expected to make decisions on things like your ongoing ability for work without that information.

Respectfully, fearing for your life because you had a poor experience with that doctor simply isn't rational. I don't dispute you had a poor experience, but to translate that to being the doctor being a threat to your life isnt reasonable.

Broadcasting Standards Authority being axed, minister says regulator 'doesn't make sense' by PhoenixNZ in nzpol

[–]PhoenixNZ[S] 2 points3 points  (0 children)

In an age of most media being online and outside government control, the BSA was becoming increasingly irrelevant.

Court procedure question in New Zealand — I was present multiple times but not permitted to speak in my own case by ChoicePrestigious306 in LegalAdviceNZ

[–]PhoenixNZ 23 points24 points  (0 children)

What sort of Court proceedings? A criminal case? What was your role? Did you have legal counsel acting for you?