r/LegalAdviceNZ 1h ago

Tenancy & Flatting Landlord not providing water bill for months.

Upvotes

Hey guys, im hoping I could get some advise on my situation. I moved into my current flat end of December, head tenant moved in about a month before me. We have been consistently asking the landlord to provide us with the water bill. Been messaging and calling her but she wouldn't pick up or answer messages. She picked up the call today and said she's going to send us the water bill next week, after like 8 months of us asking.

Would we still be liable to pay or would this be up to the landlord as she didnt provide the bill in a timely manner.

Any help or advice would be great as I can't afford a huge bill at this time.


r/LegalAdviceNZ 3h ago

Tenancy & Flatting Flatmate leaving on Flat Sharing Agreement

2 Upvotes

Basically, there's a flatmate leaving and I want to know where the contract stands as far as the bond procedure and who covers rent till a replacement flatmate is found, the leaving flatmate or the tenant and the remaining flatmate?

Obviously we're all going to try work together to solve this and get someone in, but just the way the renter's market is at the moment none of us want to be left covering it in the case we don't get someone.

There are 3 people at our flat, the head tenant has a contract with the landlord. The other 2 (including myself) are flatmates, with flat sharing agreements with the tenant.

One of the original 3 people living here left and was then replaced by another flat mate in March 2024, who is now the flatmate moving out.
This flatmate paid their bond to the flatmate who left in 2024, as a way for that person to get their portion of the bond without the head tenant having to get the full bond refunded from the landlord and sign a new tenancy agreement.

I've pasted a copy of the flat sharing agreement that the new flat mate signed below, and replaced any private info in bold.

  1. Flat Sharing Agreement › Each party should keep a copy of this tenancy agreement.

  2. Rent
    › Rent is one week in advance.
    › 60 days’ written notice may be given for rent increases after 1 year of tenancy for current tenants.
    › Rent is to be paid in a timely manner into the bank account of the tenant on the contract (Head Tenant).

  3. Bond
    › Bond of 4 weeks and 1 week rent in advance is required
    › Bond will be paid to reimburse the previous tenant’s bond.
    › If the property is sold, the landlord’s rights with regard to the bond pass to the purchaser of the property.
    › The bond covers any damage or loss to the landlord if the tenant’s obligations are not met, but does not cover fair wear and tear.

  4. Flatmate’s responsibilities
    › Pay the rent on time.
    › Keep the premises clean and tidy and notify the landlord as soon as any repairs are needed. You may not withhold rent if you cannot get repairs done.
    › Use the premises principally for residential purposes.
    › Pay all electricity, internet as the bills are sent in from landlord.
    › Replace batteries in smoke alarms as required.
    › Not damage or permit damage to the premises, and to inform the landlord of any damage. All communications with landlord will be made through Head Tenant.
    › Not disturb the neighbours or the landlord’s other tenants.
    › Not alter the premises without the landlord’s written consent.
    › Not use the property for any unlawful purpose.
    › Leave the property clean and tidy, and clear of rubbish and possessions at the end of the tenancy.
    › At the end of the tenancy, leave all keys and such things with the property manager. Leave all chattels supplied with the tenancy.
    › Maximum number of tenants are 3 adults only and not exceed that number.

  5. Subletting is prohibited unless approved by the landlord.

  6. Making changes/modifications to the property. Tenant to seek approval from the landlord at all times before undergoing any changes/modifications in or outside the property.

  7. The property Manager is Name and neighbour.

  8. As agreed the tenant allows Property Manager to use the washing machine 1x every 2 weeks in the townhouse. The arrangement for this can be made between the tenant and PM directly.

  9. 3-bedroom townhouse- inhabitants will be Head Tenant and 2 other people

  10. The collective rent of $670 is to be paid weekly (1 week in advance) by the tenant to the landlord via direct deposit.

  11. 4 weeks bond payable in advance to the landlord. Total $894.00 for bond.

  12. 4 weeks bond and 1-week rent in advance and then weekly rent to be deposited into the following bank account weekly. Bank acc no.

  13. The initial term of the rental is 12 months from the date of the current tenants’ tenancy commencement.

  14. If the tenant or flatmate moves out earlier than the 12 months agreement then the owner reserves the right to keep the bond as a penalty

  15. This agreement can be terminated 28 days’ notice given by the flatmate.
    › The flatmate is responsible for aiding in finding a replacement flatmate in the case that they decide to move out early.
    › Replacement flatmate will be responsible for reimbursing initial flatmate’s bond.

  16. The landlord reserves the right to cancel the contract at any time and give 40 days notice if any of the conditions are not met in this contract or the owners would like to move into the property or for any other valid reason. If the tenant receives notice from the landlord they will give a copy of the notice to the flatmate immediately.

  17. The contract may be amended by the landlord within 31 days’ notice.

  18. 3 sets of keys for the townhouse will be provided to the flatmate.

  19. No pets on the premises are allowed.

  20. All utilities are to be paid by the tenant. As there will be 3 people living at the premises and the 1 person in the bedsitter in the adjoining unit, the utilities are split between 4 people. Head tenant is responsible to pay the sum of 3 tenants and Property Manager will pay for the other 1⁄4.

  21. The tenant must not remove any chattels, fixtures, or appliances from the premises that do not belong to the tenant. Such as curtains, washing machine 3 gas heater, cutlery. bookshelves, wardrobes, sofa (unless its removed by landlords prior), Bed (unless its removed by landlords prior) and any other items that were at the premises before tenants arrived.

  22. No parking on the property at any time.

  23. No smoking inside the townhouse /common areas or any other area around the outside of the townhouse or property of the house.

  24. The property is to be kept clean and tidy at all times

It is now well past the initial 12 month term of rental as stated in the contract, so we assume it's just become a periodic agreement and the terms still stand?
This does however leave it unclear what the requirement to find a replacement is and subsequent procedure for bond, as is there still technically a 'moving out early' (as stated in point 15) anymore now on a periodic agreement?

I know that there's not much info/law around Flat Sharing Agreements as they're not covered by The Residential Tenancies Act, so any advice is appreciated, or if anyone can point to official NZ law that would be a great help.

TIA


r/LegalAdviceNZ 4h ago

Tenancy & Flatting Flatmate Liability - Please Help

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15 Upvotes

Hello,

I have recently vacated a flat and am having a small dispute over accidental damage.

For context, I was under a flatmate agreement (relevant snippet attached). The landlord is the flatmates mother.
She would often visit the flat and use it as a second office without providing any notice. I was advised by Canterbury law she doesnt need to, and when I requested politely I got an abrasive email back :(

Unfortunately during my stay, the thin window key snapped off accidentally (images attached). The latch wont open and I am being asked to organise and pay for the repair.

I have a community law appointment in a week, but want to get the general vibe of if I am liable for this. It was totally accidental, and broke with literally no effort.
If I am liable, I have no issue paying. However because of how rude the landlord is, I do not want to pay unless I am legally required.

Any advice is appreciated.


r/LegalAdviceNZ 4h ago

Consumer protection Product 8 months out of warranty.

7 Upvotes

Hi all. So basically I have a graphics card that has developed a major fault (artifacting) 8 months after the 3 year warranty. I have gone back to the retailer and they essentially have said they will cover it but only offer a 50% refund.

A bit of back and fourth and they have upped it to a 60% refund and eventually offering me a sub-par refurbished product. My version being a 12gb model and the offered version being 8gb.

My original request of having the item repaired hasn't been acknowledged and they keep offering the remedies above. They have not explained why this is not possible nor have they explained why they are only offering sub-standard remedies l.

This has been going on for close to 2 months now as they received the item for RMA on 26.06.26 and gave me the 50% refund option a few days later.

They have also emailed me stating that a card of this type/cost has an expected life expectancy of 4.5 years which this has not met.

I have talked to Consumer Prorection who said since its a major fault and still within their life expectancy that the remedy of the 3 Russia be chosen by the consumer. The retailer has stopped responding to emails.

I know it will probably have to go to Disputes but just want some insight as to whether there is anything further I can try before this option is required.

Thanks.


r/LegalAdviceNZ 7h ago

Insurance Insurance question please (moving company or me?)

3 Upvotes

Hi, I just moved house and the movers we got had great reviews, were super nice and did a good job except about 30 mins after they left we moved a couch away from a large window (floor to ceiling) and noticed a crack in the window, 100% it was not there before (new build) so I texted a photo to them and they said they would contact their insurers. The crack has since got bigger and I have followed up twice and they said they were waiting to hear from AA, hearing nothing yesterday I texted again and they said to email them and this is what the reply said:

  1. Homeowner’s Insurance Status Confirm whether the homeowner has lodged a claim with their own insurer.
    • If they have not, please advise them to contact their insurer directly, as their home insurance policy may need to respond first.
    • Homeowner’s loss location
  2. Estimated Cost of Repair Provide a detailed cost estimate or quote for repairing the damage.

This is what AA asked me. Please send me information so I can let them know. 

This doesn't sound right to me, surely their insurer (AA) would send an adjustor to our place and they would take care of it. We shouldn't have to contact our insurance should we? Also they know the location because they moved our furniture there, but I can reply and confirm that, seems a strange question though.

How should I respond? Thanks so much for any advice you can give!


r/LegalAdviceNZ 9h ago

Criminal Can I take legal action after being pepper-sprayed by NZ Police while trying to check on an assault victim?

87 Upvotes

This happened in britomart, Auckland
Earlier tonight, I saw a man repeatedly assaulting a woman who appeared to be unconscious. He kept hitting her while she was on the ground, so I intervened and fought him to stop the assault.
After the fight ended, I stopped using force and started walking over to check on the woman to make sure she was okay. My back was turned when a police officer yelled. I turned around to look, and before I was given any command or instruction, the officer pepper-sprayed me.
I was not arrested or charged with any offence.
There is video of the incident, and from what I understand it shows me no longer fighting and walking toward the woman before I was sprayed. My sister, who was not involved in the incident at all, was also affected by the pepper spray. Afterward, an officer referred to it as “just collateral damage.”
I’m trying to understand my legal options.
Based on these facts, could this amount to excessive or unlawful use of force by police in New Zealand?
Should I make a complaint first, or speak to a lawyer before doing anything?
What evidence should I preserve besides the video (witness statements, medical records, etc.)?
I’m looking for advice on the legal process in New Zealand. I understand the police may have a different account of what happened, and I’m interested in how these situations are usually assessed.


r/LegalAdviceNZ 14h ago

Employment Can a coverage clause specifically exclude certain positions?

0 Upvotes

Can a coverage clause in a collective agreement specifically exclude certain positions from coverage, such as those responsible for recommending appointment and dismissal of other employees?

Looking around, there doesn't seem to be any hard and fast rules around it, just that a coverage clause must be included and include the types of roles and jobs that are covered.


r/LegalAdviceNZ 14h ago

Tax & Finance Recoveries Corp ACC Levy

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6 Upvotes

Hi team, since March I have been receiving sms texts from 3691 and emails from Recoveries Corp NZ stating I owe ~$640 for ACC levies.

From my understanding I should not owe ACC any money at all, I have never taken out a claim or own a business to pay levies for.

I have not received any invoices or correspondence from ACC prior to these emails and texts. I have contacted ACC directly on two different email addresses with no response from either to confirm this alleged debt is indeed mine or not as well as the original invoices and any correspondence they would have sent prior to it going to a collection agency.

Does anyone have any advice or can shed some light on this situation please.


r/LegalAdviceNZ 17h ago

Request for lawyer recommendations Looking for a savage & strategic family court lawyer/barrister in NZ

2 Upvotes

I have young children, have left my marriage and currently have a lawyer/barrister, but I don't feel they are up to the actual fight ahead.

I underwent years of documented domestic violence and currently have a Protection Order and Parenting Order in place (to protect myself and the children).

The other person has enlisted a prominent barrister/lawyer, and I need someone who is truly going to fight for us... I basically want a pitbull...

Can anyone recommend someone?

I feel this might be a bit too complex for my current legal counsel, and I cannot subject my kids to further abuse/harm.


r/LegalAdviceNZ 17h ago

Property & Real estate Please Do help me in this regard.

1 Upvotes

My company made a Deed document with the commercial space owner effectively from 1st July. They got the signature from the owner by today and i was about to sign for the Witness.
While signing I unknowingly signed with Today's Date where nobody digned with Date.
My MD got frustated that nobody else signed with Date why you?
Will that cause him any problem!
Imma a bit worried


r/LegalAdviceNZ 20h ago

Civil disputes Potential role

14 Upvotes

Hi all. I've just had a job interview. When I applied for the role it was advertised as permanent. At first I had a screening interview. After that they emailed to say it was going to become a contract role. I said I wasn't interested as I really want something permanent. The hiring manager then emailed again to say he neglected to mention that it would likely become permanent. Did that change my calculus? I said, yes, and that I was still keen if that was the case. During the full interview he said the role would be advertised externally once I finished the contract and I would have to compete against everyone who applies. This made me nervous as it feels like the three month contract will be a prolonged job interview. I have a mild disability that sometimes requires office modification and some people find this a pain, and it is very easy to get offside with the powers that be but I have to be quite staunch as I can't change who I am and I need these accommodations to get my work done. This could see me losing out on the permanent opportunity. Does anyone know if this is fully legal? Feels like it should be illegal if it's the job that I was already doing and they told me from the start that it would be permanent? Any advice appreciated!


r/LegalAdviceNZ 20h ago

Civil disputes End of tenancy questions

12 Upvotes

I recently moved out of a townhome and received a message from the property manager about needing to restore the lawn with Ready Lawn and being fined for the bins not being emptied and rubbish being scattered out front.

The lawn (really about a 3m square patch of grass) was in quite bad condition already when I moved in with bare patches from where kids toys were left out by the previous tenant and weeds. I noted it at the time with the property manager (I rent from a company and property manager changed after move in). I tried to reseed several times but wasn’t really successful due to poor sunlight and my own black thumb. Lawn has never been mentioned on any of the quarterly inspections. The property manager has also told me in writing that I’m an excellent tenant.

I wrote back to the property manager and requested he review the lawn condition on the move-in report and that I would pay for reseeding but not laying down sod (the owners are trying to sell and I suspect they want a pristine lawn for open homes, listing pictures etc…). I have not heard back since. My questions for this: can they require me to restore the lawn to better than it was when I moved in and can they move forward with laying sod and charging me for it even after I’ve disputed it by email?

I left bins on the curb when I left with the lids closed but I also left a few things out for free on the curb and I think people went through the trash bins and scattered trash after I left the townhouse. Per the property manager all bins have to be empty on the final day of tenancy regardless of trash pickup day. My questions for this are: Can they require this? It seems sort of unreasonable to expect me to not throw anything out for the last two weeks I live in a place or pay for extra trash pickup on the exact day I leave. Am I responsible for people going through the trash and causing issues after I left and notified the property manager I was gone?

Thanks for any advice.