Frequently Asked Questions
Legal Services: Frequently Asked Questions (FAQs)
DISCLAIMER: This information is general in nature and does not constitute legal advice. Every situation is unique, and you should consult with a qualified solicitor about your specific circumstances. Please get in touch if you have an enquiry about your own legal situation.
Getting Started with Legal Services
What should I bring to my initial meeting?
Please bring:
All relevant documents related to your situation (contracts, letters, emails, photos)
Any court documents you've received
A timeline of important events related to your matter
A list of questions you have for us
If you're unsure whether something is relevant, it's better to bring it than leave it behind. We can help determine what's important for your case.
How do your fees work?
Our fee structure largely depends on the nature of your case:
In most cases, we work on hourly rates
Fixed fees for specific scopes of work in limited circumstances
Contingency fee arrangements (payment based on outcome) may be available where appropriate
During your initial consultation, we'll discuss costs and explain our billing procedures so there are no surprises.
Please contact us to arrange a meeting.
What is solicitor-client privilege?
Solicitor-client privilege means the communications between you and our firm remain confidential. We cannot disclose information you share with us without your permission. This protection allows you to speak openly about your situation so we can provide the best possible advice. The privilege applies to all forms of communication including in-person meetings, phone calls, emails, and text messages.
Dispute Resolution
What alternatives to court are available for resolving my dispute?
Alternative dispute resolution (ADR) offers ways to resolve conflicts without going through a full court trial. All options require both parties to agree to participate, and they can often be more private, quicker, and less expensive than court. Your options include:
Negotiation: Direct discussions between parties to reach an agreement, often with lawyers assisting.
Mediation: A neutral third-party mediator helps parties work through their disagreements. The mediator doesn't make decisions but guides the conversation toward resolution. Costs are typically shared equally between parties.
Arbitration: Parties present their case to an independent arbitrator who acts as a private judge and makes a binding decision. In some cases, arbitration is mandatory e.g. where a contract which is at the centre of the dispute requires it.
Expert determination: Useful for technical disputes, where an expert in the field reviews evidence and makes a decision. Parties can agree whether the outcome will be binding.
We can help you determine which approach is most appropriate for your situation and represent your interests throughout the process.
When is mediation helpful and when should I avoid it?
Mediation works well when:
Both parties genuinely want to find a solution
You are willing to compromise
You want to maintain an ongoing relationship with the other party
You prefer privacy over a public court process
You want more control over the outcome
You need a quicker resolution than court can provide
Mediation may not be suitable when:
There is a severe power imbalance between parties
The other party refuses to participate in good faith
You need a legal precedent established
There is no room for compromise on key issues
You require a court order to enforce certain outcomes
There is a history of domestic violence or intimidation
We can assess your situation and advise whether mediation is appropriate for your circumstances.
How can I negotiate a settlement effectively?
Successful settlement negotiations require preparation, strategy, and an understanding of what matters most to you. Key considerations include:
Cost-benefit analysis: Weighing the potential settlement against the cost, time, and stress of proceeding to trial
Risk assessment: Evaluating the strength of your case and chances of success
Timeline considerations: Understanding how long litigation might take, including possible appeals
Value calculation: Determining the true value of your claim, including non-monetary factors
Certainty: Considering the value of a guaranteed outcome versus an uncertain court decision
Confidentiality: Determining whether privacy is important to you
We'll help you evaluate these factors and develop a negotiation strategy aligned with your goals. We'll also handle communications with the other party to ensure your position is presented effectively while protecting your interests.
Construction and Building Disputes
My builder is in breach of contract. What are my options?
When dealing with a builder who has breached their contract, time is critical. Your options include:
Step 1: Review your contract - Different contracts provide different remedies. Check for clauses covering:
Dispute resolution processes
Notice requirements for defective work
Timeframes for remediation
Termination provisions
Step 2: Consider your legal rights - You may have rights under:
Your specific contract
The Building Act 2004
The Construction Contracts Act 2002
Consumer protection legislation
Common law principles
Step 3: Select an appropriate remedy - Depending on the severity of the breach, you might:
Request repairs or corrections within a specified timeframe
Withhold payment for defective work (following proper processes)
Terminate the contract if the breach is substantial
Hire another contractor and claim the additional costs
Seek damages for losses caused by the breach
Use the adjudication process under the Construction Contracts Act
Important time limitations:
For payment disputes: strict timelines under the Construction Contracts Act may apply
For defective building work: Generally, 6-years from completion of the works
We can assess your specific situation, advise on the most effective remedy, and help you navigate the process while minimizing disruption to your project.
I've received a payment claim under a construction contract. What should I do?
A payment claim under the Construction Contracts Act requires immediate attention:
Step 1: Understand what you've received - A valid payment claim must:
Be in writing
Identify the construction work
State the claimed amount
Specify the due date for payment
Explain how the amount was calculated
State that it's made under the Construction Contracts Act
Step 2: Decide your response - If you agree with the claim, payment is due by the date specified in the claim.
Review your particular contract to see whether each part of the payment claim is correct. If there are mistakes in the payment claim, that may be a basis for disputing all or part of the payment claim.
If you dispute all or part of the claim, you MUST issue a "payment schedule" that:
Is in writing
Identifies the payment claim
States how much you're willing to pay (if anything)
Explains why you're paying less than claimed
Is provided within the timeframe in your contract or 20 working days if not specified
Step 3: Understand the consequences If you don't provide a proper payment schedule on time:
You must pay the full amount claimed
The claimant can enforce this as a debt
You cannot raise disputes until after payment
The claimant can suspend work
You may face additional costs and delays
This is one of the strictest payment regimes in New Zealand law. The summary above is not intended to be a comprehensive explanation on how to respond to a payment claim and is general only. Contact us immediately upon receiving a payment claim so we can help you prepare a legally compliant response within the required timeframe.
Contract
How do I manage a breach of contract dispute?
When someone has breached a contract with you, a systematic approach is best:
Step 1: Identify the breach
Review the contract terms carefully
Determine which specific obligations weren't met
Gather evidence of the breach and any resulting losses
Step 2: Check for contractual remedies - Many contracts include specific provisions for:
Notice requirements for breach
Opportunity to remedy periods
Penalty or liquidated damages clauses
Dispute resolution procedures
Termination rights
Step 3: Consider your legal remedies - Depending on the situation, you might be entitled to:
Damages: Financial compensation for losses caused by the breach
Specific performance: Court order requiring the other party to fulfil their obligations
Cancellation: Ending the contract and being released from your obligations
Injunction: Court order preventing certain actions
Step 4: Choose a resolution approach
Direct negotiation: Often the quickest and most cost-effective
Mediation: Helpful when both parties want to preserve the relationship
Arbitration: Provides a binding decision without public court proceedings
Litigation: May be necessary for complex disputes or uncooperative parties
There are time limits for pursuing claims (generally 6 years from the breach), so it's important to seek advice promptly.
We can help assess your position, develop a strategy, and represent you throughout the resolution process.
Employment Issues
I'm having a dispute with an employee. How can I resolve this?
Employment disputes require careful handling to meet your legal obligations and find effective solutions:
Key principles to follow:
The Employment Relations Act 2000 requires all parties to act in "good faith"
This means being responsive, communicative, open, and fair
Every employee is entitled to fair treatment and proper process
Step 1: Clarify the nature of the dispute - Different types of issues require different approaches:
Performance concerns
Misconduct allegations
Workplace relationship problems
Health and safety matters
Restructuring or redundancy situations
Step 2: Select the appropriate process
For performance issues:
Provide clear feedback and expectations
Offer support and training
Set improvement goals and timeframes
Document the process
For misconduct issues:
Gather initial information
Inform the employee in writing about:
The specific concerns
Possible consequences
Their right to representation
Hold a meeting to hear their response
Consider all information before deciding
Communicate the decision and reasons
Step 3: Consider resolution options
Direct discussion with the employee and their representative
Independent investigation for complex or sensitive matters
Mediation through MBIE's free service or private mediators
Employment Relations Authority determination (if necessary)
Taking early advice is crucial to avoid procedural errors that could create liability. Contact us to help guide you through the proper process, help with documentation, and ensure you meet all legal requirements.
I've had a significant workplace injury. What compensation options do I have?
In New Zealand, workplace injury compensation is primarily provided through the ACC scheme:
ACC Coverage
Covers all accidents in New Zealand, regardless of fault
Covers certain work-related gradual process injuries
Provides compensation of 80% of your pre-injury earnings
Can include additional support like:
Medical treatment costs
Rehabilitation services
Home help and modifications
Transportation assistance
Vocational retraining if needed
Additional Compensation Sources
Employer top-up: Some employers will top up your wages to 100% through:
Your sick leave or annual leave balance
Discretionary policies (which don't affect your leave)
Note that this top-up portion is taxed as secondary income
Employment agreement provisions: Check if your contract includes special provisions for workplace injuries
If You're Unhappy with ACC's Decision - If ACC declines your claim or provides insufficient support, you have rights to:
Request a review within 3 months of the decision
Appeal to the District Court if the review is unsuccessful
Further appeal on points of law to higher courts
Exceptional Cases In very rare situations where someone's conduct was outrageous, you might be able to seek exemplary damages (punishment-focused compensation) despite the ACC statutory bar against most lawsuits.
Exemplary damages require proving:
Extremely reckless or intentional misconduct
Behaviour so bad it deserves punishment beyond ACC
We can help you navigate the ACC system, appeal unfavourable decisions, and explore all available compensation options.
Estates & Trusts
One of my parents has died and left a Will that some family members think is unfair. What can be done?
When family members are unhappy with a Will, several options exist:
Step 1: Understand the Will's provisions
Obtain a copy of the Will
Identify the executor(s) responsible for administering the estate
Determine what assets are covered by the Will
Understand how property is being distributed
Step 2: Consider potential challenges - There are several grounds for contesting a Will:
Family Protection Act claim: If the Will doesn't adequately provide for close family members, they may claim they should receive more support. Eligible claimants include:
Spouse/partner
Children
Grandchildren in limited circumstances
Parents in limited circumstances
Testamentary capacity concerns: If you believe the deceased lacked mental capacity when making the Will, you may challenge its validity. This requires evidence (often from a medical expert) that they lacked capacity and therefore would not have understood all or some of the following matters:
They didn't understand they were making a Will
They couldn't comprehend the extent of their property
They were unable to understand who should reasonably benefit
Undue influence: If someone improperly pressured or manipulated the deceased into making certain provisions, the Will or those provisions may be invalid.
Step 3: Act within time limits to avoid distribution
Claims should be notified to the executor within 6 months after probate (the formal validation of the Will by the court)
Court proceedings should be filed within 3 months after notifying the executor
Missing these deadlines can prevent a successful claim
Step 4: Consider resolution approaches
Family discussion facilitated by a neutral party
Mediation with all interested parties
Court proceedings if necessary
We can assess whether you have grounds for a claim, help you understand your options, and guide you through either negotiation or formal proceedings.
I think our family trustee is mismanaging our trust assets. What can we do?
When a trustee isn't properly managing trust assets, the Trusts Act 2019 provides several remedies:
Step 1: Understand trustee obligations Trustees must:
Act in accordance with the trust deed
Act in the best interests of beneficiaries
Exercise reasonable care and skill
Invest prudently
Avoid conflicts of interest
Provide certain information to beneficiaries
Step 2: Gather evidence of potential breaches - Look for:
Improper investments
Unauthorized distributions or distributions which benefits one or more beneficiaries over others without good reason
Failure to maintain proper records
Decisions benefiting the trustee personally
Failure to provide information to beneficiaries
Improper delegation of trustee duties
Step 3: Consider available remedies - The Trusts Act and the court's powers ("inherent jurisdiction") offer various solutions:
Information requests: Beneficiaries have rights to certain trust information
Alternative dispute resolution: The court can order mediation or other ADR
Trustee removal: The court can remove non-performing trustees
Compensation: Trustees may be personally liable for losses from their breaches
Directions: The court can provide guidance on trust administration
Validation: The court may approve actions retrospectively in certain cases
Variation: The trust terms may be modified in limited circumstances
Step 4: Choose an appropriate approach
Direct communication with the trustee
Formal letter of concern outlining issues
Mediation if the trustee is willing
Court application as a last resort
We can help assess your situation, advise on the most effective remedy, and represent you in discussions or court proceedings to protect the trust assets and beneficiaries' interests.
Family Law
How will my property be divided if I get divorced?
In New Zealand, the Property (Relationships) Act governs how property is divided when a relationship ends. The general rule is that relationship property is divided equally (50/50) between partners after a qualifying relationship ends.
Relationship property typically includes:
The family home and household items, regardless of who purchased them
Property acquired during the relationship
Income earned during the relationship
Retirement savings accumulated during the relationship
Separate property (which generally remains with the original owner) includes:
Property owned before the relationship
Gifts or inheritances specifically given to one partner
This equal-sharing rule usually applies to marriages, civil unions, and de facto relationships of three years or more. However, several factors can affect this division:
Pre-nuptial agreements: If you have a valid relationship property agreement (prenup), this may override the equal-sharing rule
Economic disparity: The court may adjust the division if one partner will be significantly disadvantaged
Extraordinary circumstances: If equal sharing would be "repugnant to justice"
We can provide specific advice based on your unique situation.
I think my ex-partner is hiding assets after we separated. What can I do?
Discovery process: We can apply for a court order requiring full disclosure of financial documents, including:
Bank statements
Tax returns
Property records
Business financial statements
Investment accounts
Superannuation details
Forensic accounting: In complex cases, we can engage forensic accountants to trace assets and identify suspicious transactions.
If the court finds that assets have been deliberately hidden, there may be serious consequences including:
Less favourable property division
Costs awards
Acting quickly is essential to preserve your rights. Contact us immediately if you suspect assets are being concealed.
How can I arrange a protection order for myself and my children?
A protection order is a court order that helps protect you and your children from family violence. Here's how to obtain one:
For urgent situations (where there's immediate risk):
We can file an urgent "without notice" application with the Family Court
The court can issue a temporary protection order within hours after filing the initial application
This order takes effect immediately once served on the other party
The order automatically protects any children in your care
For non-urgent situations:
We file an "on notice" application
The other party has an opportunity to respond
If they oppose, a hearing will be scheduled
The court will decide whether a final order is necessary
A protection order typically lasts indefinitely unless discharged by the court. It prohibits the respondent from:
Contacting you except in limited circumstances
Being physically or sexually abusive
Damaging property
Encouraging others to behave in any way which would amount to a breach of the order if that other person were the respondent
Violating a protection order is a criminal offense with serious penalties.
We can guide you through this process, help with the paperwork, represent you in court if needed, and connect you with support services for additional assistance.
My parent is no longer capable of making their own decisions. What can I do?
When a parent loses decision-making capacity, several legal options exist:
If advance planning was done:
Enduring Power of Attorney (EPA): If your parent previously appointed someone as their EPA for property and/or personal care and welfare, that person can activate the EPA and make decisions for them.
If no advance planning was in place:
Court appointment: You can apply to the Family Court under the Protection of Personal and Property Rights Act 1988 for orders appointing:
A welfare guardian to make decisions about personal care and medical treatment
A property manager to handle financial matters
The court process involves:
Medical evidence confirming incapacity
Notification to family members
Court consideration of who is suitable to act
Ongoing reporting requirements to the court
Additional options:
For simpler cases, specific issue orders can address particular decisions without full guardianship
The court can approve a one-off action when appropriate
We recommend addressing these matters early, ideally through EPAs, to avoid court involvement. If court action is necessary, we can guide you through the process with compassion and efficiency.
Property and Neighbour Disputes
I'm having a boundary dispute with my neighbour. How can I resolve this?
Boundary disputes can be stressful, but several approaches can help resolve them effectively:
Step 1: Determine the exact boundary location
Review your record of title and survey plans
Check with your local council for property information
Consider hiring a licensed surveyor for a definitive boundary determination
Step 2: Attempt direct resolution
Discuss the issue calmly with your neighbour
Share any survey information obtained
Consider a joint approach to resolving the problem
Step 3: If direct discussion doesn't work
Propose mediation with a neutral third party
Consider engaging a lawyer to write a formal letter outlining your position
For fence disputes, use the process in the Fencing Act 1978, which generally requires neighbours to equally share fencing costs
For retaining walls: These can be fences under the Fencing Act, with costs for maintenance typically shared. However, complications arise when:
The wall benefits primarily one property
One owner's actions necessitated the construction or maintenance of the wall
The wall is on one property only
We can help you navigate these issues, draft necessary notices under the Fencing Act, and represent you in discussions or court proceedings if required
My neighbour’s trees are interfering with my property. What can I do?
Tree disputes between neighbours have several potential solutions:
Step 1: Friendly approach
Talk to your neighbour about your concerns
Explain specific problems (e.g., blocked light, falling leaves, structural damage)
Propose a shared solution or offer to contribute to tree maintenance
Step 2: Self-help options
In many cases, you have the legal right to cut branches or roots that cross your boundary
You can return the trimmed material to your neighbour but without causing any damage to your neighbour’s property
You must not trespass on their property
Consider hiring a professional arborist for safety
Be aware that some trees may be protected
Step 3: Legal remedies for damage - If trees have caused actual damage to your property:
Document all damage with photos and keep repair quotes/invoices
For claims up to $30,000, the Disputes Tribunal can order compensation and tree removal
For larger claims, the District Court will have jurisdiction
Step 4: Legal remedies for nuisance - For issues like blocked light or views:
The Property Law Act 2007 provides a process for court applications
You must prove substantial interference with your property enjoyment
The court weighs multiple factors including the tree's value and your situation
We can advise on the most appropriate approach for your situation and help with any necessary legal proceedings.
Need More Help?
Initial consultations are generally available within 48 hours.
Tailored Legal Services For You
At Braun Bond and Lomas, our team has deep knowledge in civil litigation and dispute resolution, covering areas like business, contract issues, property, family law, court cases, and employment law.
