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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:

  1. Provide clear feedback and expectations

  2. Offer support and training

  3. Set improvement goals and timeframes

  4. Document the process

For misconduct issues:

  1. Gather initial information

  2. Inform the employee in writing about:

    • The specific concerns

    • Possible consequences

    • Their right to representation

  3. Hold a meeting to hear their response

  4. Consider all information before deciding

  5. 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:

  1. Request a review within 3 months of the decision

  2. Appeal to the District Court if the review is unsuccessful

  3. 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):

  1. We can file an urgent "without notice" application with the Family Court

  2. The court can issue a temporary protection order within hours after filing the initial application

  3. This order takes effect immediately once served on the other party

  4. The order automatically protects any children in your care

For non-urgent situations:

  1. We file an "on notice" application

  2. The other party has an opportunity to respond

  3. If they oppose, a hearing will be scheduled

  4. 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:

  1. Medical evidence confirming incapacity

  2. Notification to family members

  3. Court consideration of who is suitable to act

  4. 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.