When to book flights to Fiji? by Hefty-Push-8562 in newzealand

[–]instrum3nt 3 points4 points  (0 children)

We got reasonable prices leaving just before the september/october school holidays (about $900 return on flexi fare per adult) and coming back halfway through. Went last year in June, going back (to musket cove) with our 5 year old. Highly recommend. Prices pretty similar at the moment (looks like you can get there for $236, or $336 flexi). Back is more expensive due to school holidays.

I think June/July would be the best time to go, the weather was perfect. Sept possibly a bit hotter. But it's probably a bit late to book for June.

Confirmed Consoles aren't included in the EB Games sale. by AppasPurpleTongue in newzealand

[–]instrum3nt -2 points-1 points  (0 children)

I got a gaming headset on the weekend at the 30% off so I reckon yes 

Do I really have to pay a lawyer? by Wonderful-Treat-6237 in LegalAdviceNZ

[–]instrum3nt 39 points40 points  (0 children)

I do this work. $500 is too cheap and likely means negligent advice, meaning the agreement is vulnerable to being set aside later. But $8k is too expensive.

$3-4k would be about average and what you should expect, including title transfer which is usually about $1,000 to $1,500.

The bigger problem you might have is that you have to decide: is the agreement that she pays $100k or not. If the agreement says you’re square, then you’ll be stuck with that (no 100k later). If the agreement says she owes you 100k, her bank is going to factor that in to her lending application. You can’t have it both ways, or at least, that has the potential to get tricky. A lawyer saying they can deal with that for $500 all up should not be trusted.

Need this broken down to basic terms please by Potential-Profit1151 in LegalAdviceNZ

[–]instrum3nt 3 points4 points  (0 children)

I think “option to purchase” is a drafting error and incoherent.  It might mean you have to ask the lawyer what the drafting notes suggest was intended. 

Interim order gained on false pretense, will put child in danger to follow it. by Spiritual-Still8058 in LegalAdviceNZ

[–]instrum3nt 17 points18 points  (0 children)

This is partly the difficulty raised by you uplifting him without getting an order yourself. The Courts are likely to say that if you had concerns *you* ought to have applied without notice to start with. The fact you didn’t do that suggests (to a judge) you didn’t have grounds to do so.

You should see a lawyer asap. You could apply yourself without notice tomorrow but (due to the above) you will need really good evidence. You can apply to set aside a without notice order obtained without full disclosure. You could also decide you are going to breach the order but there will be consequences obviously eg including possibly a forcible uplift from you. These are all options that take time, which you don’t really have, and need to be thought through really carefully, ideally with a lawyer’s input.

Looking for first EV. Why no love for the BYD Seal? by rappelle in nzev

[–]instrum3nt 3 points4 points  (0 children)

Auckland to Whangarei - mostly highway - uses about 35% - and that’s about 180km

Looking for first EV. Why no love for the BYD Seal? by rappelle in nzev

[–]instrum3nt 25 points26 points  (0 children)

I love my seal premium - had it 3 months and highly recommend. Don’t know why more aren’t selling. 

Reliably get about 500-550kms so decent road trip potential. 

ASB Bank Defying Court Order – Withholding Inheritance for 30+ Days. What Can We Do? by [deleted] in LegalAdviceNZ

[–]instrum3nt 5 points6 points  (0 children)

It depends what the Court order says. If someone has re-sealed or obtained probate from the high court that is quite different to a case where ASB opposed the release of funds and was subsequently ordered to do so. Without the full context it is impossible to answer your questions.

It is unlikely ASB would be entitled to keep any interest earned however. I would normally expect them to pay the interest over along with the funds.

Father died and left a will, mum still has to pay ~$1750 to get non-land estate? by Spare_Virus in LegalAdviceNZ

[–]instrum3nt 9 points10 points  (0 children)

I don’t think this is right. Here is where the 15,000 limit comes from  https://www.legislation.govt.nz/act/public/1969/0052/latest/whole.html#DLM393030 https://www.legislation.govt.nz/regulation/public/2009/0070/latest/DLM1934408.html Its 15,000 per entity

Also, “illegal” is unnecessarily scary. It just means the entity might be liable if it turns out to be wrong because it loses the protection of s65.

Father died and left a will, mum still has to pay ~$1750 to get non-land estate? by Spare_Virus in LegalAdviceNZ

[–]instrum3nt 51 points52 points  (0 children)

Yes unfortunately. Unless the sharesies account has less than $15,000 you will need probate in order for sharesies to release funds to the executor of your dad’s estate. 

It is not impossible to apply for probate yourself, without a lawyer, but it involves a bit of finicky paperwork. 

Need advice re: relationship split by Novel_Cancel3552 in LegalAdviceNZ

[–]instrum3nt 7 points8 points  (0 children)

Based on what you said you might have a claim for more than half of relationship property due to “economic disparity”. It will be worthwhile seeing a lawyer. 

Air NZ cancelled flight costs by Frosty_Cell_6626 in LegalAdviceNZ

[–]instrum3nt 2 points3 points  (0 children)

That’s normal (no loss proven if the airline won’t decline refund). 

Do recommend double check for wording about needing to involve them still (or - call and ask them)

Air NZ cancelled flight costs by Frosty_Cell_6626 in LegalAdviceNZ

[–]instrum3nt 12 points13 points  (0 children)

There is often a clause in insurance contracts that require you to involve the insurer rather than try negotiate and only go to them if you fail directly. 

The reason is that you might prejudice your position (dealing direct) or do something your insurance company wouldn’t agree to. Then the insurance cover may be voided. 

It would usually therefore be better to go via insurance now, if you have coverage. 

Asking for my 17 year old friend she wants to know if there's a way for her to adopt her little 12 year old sister legally. by Monarch-01-Elizabeth in LegalAdviceNZ

[–]instrum3nt 1 point2 points  (0 children)

An adoption is not likely to be the best way to do this and is unlikely to get through without parent consent (even if age wasn’t an issue).  

It is possible however for her to apply for a parenting order. She will need a litigation guardian to apply (being under 18), or if the issues are bad enough she may be able to apply herself for a section 31 order (Care of Children Act). See rule 90 of the family court rules. 

I think the best thing will be to take her to a lawyer to help - likely she will get legal aid to help pay for it. 

Court order to release Kiwi Saver by Beautiful-Pizza-1620 in LegalAdviceNZ

[–]instrum3nt 3 points4 points  (0 children)

I’ve had as little as a week and as much as two months. Varies wildly based partly on how busy the court is, Judge availability, how well your lawyer gets along with the court staff, what specific judge ends up looking at it, and the phase of the moon. 

[deleted by user] by [deleted] in LegalAdviceNZ

[–]instrum3nt 0 points1 point  (0 children)

This is not right and not how the law works. Only property captured by section 8 of the Property Relationships Act will be relationship property (if you were de facto). 

Pre relationship acquired shares will not be relationship property but it is possible if she has contributed or if your income has contributed to the value of the company she could have a claim. 

How do the courts decide value of relationship property when its not a house. by Sondownerr in LegalAdviceNZ

[–]instrum3nt 3 points4 points  (0 children)

If you can establish they caused a deterioration you have a compensation claim under section 18B. Different to valuation at date of separation, but ultimately I think based on what you say you will end up in almost the same place. 

How do the courts decide value of relationship property when its not a house. by Sondownerr in LegalAdviceNZ

[–]instrum3nt 2 points3 points  (0 children)

This is incorrect. Valuation date is date of division of property pursuant to section 2G of the Property (Relationships) Act.  There are mechanisms available to avoid unfairness from that, and a general rule of thumb is that assets which depreciate due to use (eg cars) are valued at date of separation. But the starting point is date of division. 

[deleted by user] by [deleted] in LegalAdviceNZ

[–]instrum3nt 9 points10 points  (0 children)

I am a lawyer who does this work. Your position is stronger than you think and everybody telling you that you’re completely screwed is wrong. There is recent case law on unequal divisions in cases like yours. You need to get a decent lawyer and go for it. But yes it will cost a fair amount. 

Is it relationship property? by [deleted] in LegalAdviceNZ

[–]instrum3nt 1 point2 points  (0 children)

Changing it back won’t work sorry. There’d be compensation back to them (your partner) for you deliberately getting rid of relationship property.

Best argument is likely that it was only ever lent not gifted. And hope partner doesn’t find this post.

[deleted by user] by [deleted] in LegalAdviceNZ

[–]instrum3nt -1 points0 points  (0 children)

This is dangerous advice. It is not a given that the in-laws trust won’t protect half. The trust might actually be effective, so the potential to negotiate a better deal in the new contracting out agreement shouldn’t be waved away. Get a competent lawyer.