New Zealand Law
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Did you have a contract for publishing, and did this make any provision for the percentage of royalties and the number of books to be published? Have you seen a copy of the book as published?
Does your contract say anything about dispute resolution? Some contracts provide for compulsory arbitration for example
does this publisher specialise in publishing books at the request of the author, rather than the usual way of the publisher paying in advance to a writer who they believe will be a good seller?
I must say I am fairly widely read, but have never come across this particular publisher. That doesn't mean anything however. I would assume there are a number of possibilities, including that there have only been a small number sold through to a reasonably substantial number, but the silence would appear to indicate a problem. Did they tell you who were going to do the marketing? I have seen their website of course now, but normally you would need a marketing campaign of some sort.
If they made representations about the number of copies which they would sell, but have failed to do any promotion, then you could bring a claim for a refund. You could bring a claim for example,under the Fair Trading Act. that this was misleading and decptive, to take the money but then fail to do anything about promotion and sale. You can file claims online and attend at the Tribunal via a teleconference, if that would help
The Disoutes Tribunal will deal with claims under the Fair Trading Act, as well as claims for the royalties which have not been made, as well as ordering them to account for the sales and the numbers sold
That is the link to apply online. perhaps the next step is to say, account to me, or i will sue, and then give them a few days, and file a claim if they dont reply
I hope they take notice now. I am based in Wellington so lets see what they say first
You can file the claim in the Tribunal yourself, as lawyers cannot appear in the tribunal. but could look at your claim and comment if you want
Now that you have started talking, you should tell her you don't believe her and explain why
No problem just log in when you are ready