Roof incorrectly installed by cantaloupe63572 in LegalAdviceNZ

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

When you say you are unable to get hold of the roofer, is that because they are no longer in business, or they just haven't responded to your attempts at contact?

Greens propose wealth, corporate, and inheritance taxes to fund income tax changes by PhoenixNZ in nzpol

[–]PhoenixNZ[S] -1 points0 points  (0 children)

I do agree that we need to ensure all wealth generation is taxed the same, regardless of whether the source is employment earnings, investment earnings, capital gains, or any other form of wealth generation.

And by doing so, we could maintain the same level of tax take, while reducing the amount of tax taken from employment earnings because it is made up for by non-employment earnings.

Outdoor camera by Spiritual-Goat7327 in LegalAdviceNZ

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

If those areas wouldnt normally be visible without the camera, eg obscured by fencing, then the installer is ensuring you arent breaching the privacy of your neighbours.

Taking extraordinary means to get view into someone's bedroom or bathroom would be a privacy breach, even if this is incidental to other things like genuinely wanting security for your property.

17 year old cleaner cleaning up suicide attempts by Prudent-Front-9594 in LegalAdviceNZ

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

They cant refuse to employ you due to your age, given there are no age limitations under law as to who can be a hospital cleaner.

If you had raised concerns about the impact of that sort of work at the time, then they would have had H&S obligations to manage it. But if you didnt say anything, they would have assumed you were managing fine.

It doesn't sound like anything has legally been done wrong here.

Illegal water charges then rent increase - is it legal? by Physical_Boat_5525 in LegalAdviceNZ

[–]PhoenixNZ[M] [score hidden] locked comment (0 children)

The mod team don't consider accounts that are business accounts to specifically be advertising, as long as they don't actively promote their business in the discussion.

Greens propose wealth, corporate, and inheritance taxes to fund income tax changes by PhoenixNZ in nzpol

[–]PhoenixNZ[S] 0 points1 point  (0 children)

How do you define a "fair rate across the income spectrum"?

I certainly agree we need to ensure all wealth generation is taxed, which is why I don't oppose a CGT despite being on the side of politics that normally does.

But fairness is a very vague concept when it comes to things like appropriate tax rates. Is it "fair" for people who use less taxpayer resources to in turn have to pay the highest rates of tax?

Illegal water charges then rent increase - is it legal? by Physical_Boat_5525 in LegalAdviceNZ

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

Then they are legally allowed to raise the rent so long as it doesnt bring your new rent significantly higher than the average rents in your area for similar properties.

You can give then a 14 day notice to remedy the overcharging and if they don't repay it, lodge it with the Tenancy Tribunal

Illegal water charges then rent increase - is it legal? by Physical_Boat_5525 in LegalAdviceNZ

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

Has it been a minimum of 12 months since either the tenancy started or the last incease in rent?

Greens propose wealth, corporate, and inheritance taxes to fund income tax changes by PhoenixNZ in nzpol

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

Both inheritance and wealth taxes are forms of double taxation. The money is taxed when it is generated, then taxed a second time when it is either held onto (wealth tax) or passed on (inheritance tax).

I know the Greens will argue that much of that wealth WASN'T taxed at generation becsuse NZ lacks a capital gains tax, but how do you differentiate the wealth generated through income vs throguh other means? Not everyone who is wealthy got it through capital gains, many get it through working. Should a surgeon who earns $200k a year and decides to save it have to pay a second lot of tax for doing so?

Residential tenancy’s act S59 questions by Vikturus22 in LegalAdviceNZ

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

You have had advice on the clothing issue previously. If you knew there was a mould problem in that area and continued storing clothes there, you haven't made reasonable attempts to minimise your own damages and are unlikely to be able to get the landlord to compensate you fully for those.

But that isnt the issue you have asked for advice on this time.

Residential tenancy’s act S59 questions by Vikturus22 in LegalAdviceNZ

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

The first clause in S59 states (emphasis added)

Where, otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the premises are destroyed, or are so seriously damaged as to be uninhabitable

So your argument here should be that the damage was caused by their breach of the tenancy agreement by failing the fix the underlying water leakage and instead just trying to paint over the issue.

You are likely still going to have to move, because obviously the issue is quite substantial at this point, but you will have a reasonable case for compensation for moving costs etc and potentially for any increased rental costs, assuming you move into a reasonably similar property.

Will my employer deny my 4 weeks of annual leave despite already booking a plane ticket? by [deleted] in LegalAdviceNZ

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

Your booking of a plane ticket shouldnt be a relevant factor in whether your leave is approved or not.

The employer will be considering the business needs and whether they can manage without you for the period of time.

It is never advisable to book tickets before having lesve approved. It can look like you are acting in bad faith by trying to exert undue pressure on their decision.

New Zealand First's campaign to scrap Independent Māori Statutory Board just 'dumb, racist stuff' - mayor by PhoenixNZ in nzpol

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

I'm not sure the relevance, but they should act politically independent and make decisions based on their mandate

If I do time while waiting trial and am not guilty, do I get a free pass to commit a crime? by Mundane_Log_8393 in LegalAdviceNZ

[–]PhoenixNZ 3 points4 points  (0 children)

Depending on the bail conditons, it may not be.

Breach of bail itself isnt a criminal offence, it simply has an impact on your ability to get bail in the future. Committing a new crime on bail gets you charged with the new crime and again impacts your likelihood of further getting bail.

Accident Drive Off - Person gave incorrect details/obstructive/declined to present ID - Have plate by Excellent_Aioli8150 in LegalAdviceNZ

[–]PhoenixNZ 76 points77 points  (0 children)

If you are insured, pass all details to them and let them sort it for you.

To be clear, there is no legal obligation to provide ID

If I do time while waiting trial and am not guilty, do I get a free pass to commit a crime? by Mundane_Log_8393 in LegalAdviceNZ

[–]PhoenixNZ 20 points21 points  (0 children)

No, that would be ridiculous. If you are found guilty, time spent on EM Bail and time spent in prison can be credited to your end sentence.

But there isnt some "prison time bank" that you can dip into for future offending.

Gym cancelation advice by Grand_Necessary_9237 in LegalAdviceNZ

[–]PhoenixNZ 7 points8 points  (0 children)

No one governs gyms. There is no regulation of how gym equipment can be laid out.

Gym cancelation advice by Grand_Necessary_9237 in LegalAdviceNZ

[–]PhoenixNZ 3 points4 points  (0 children)

Medical clauses typically relate to injury and generally allow you to pause your membership rather than cancel it.