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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22829
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I owe a lot of money in NZ due to mortgaee sale. I have moved

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I owe a lot of money in NZ due to mortgaee sale. I have moved to work in Australia and have found employment as I could not achieve this in NZ. I have not declared to the bank that I am working yet as I have just started here in Melbourne and am I am also on the DPB in NZ. My delima is not that my daughters father will not sign her passport application so that we can return to NZ. I have being her sole care for the 12 years, she does not want to have contact with him and now I am stuck. i had put on my status that I work in Austrlaia but live in New Zealand. Please help, I'm not sure what to do. I have applied for my daughters passport with the passports here in Melbourne and am waiting on outcome if they will approve without the father's consent otherwise I have being advised to go for sole custody which I had achieved to do for up to 12 years and did not want to go through court. Also what do I do about the benifit?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You must disclose to WINZ that you have left New Zealand and no longer qualify for the benefit. If this were to continue you could be charged with fraud.

Ok thank you

christhelawyer : As for the child's passport issue, I am not sure why you need this if you are staying in Australia, although of course she will need it to visit your family.

I only work here in Australia and still live in New Zealand. She is here with me in Australia

christhelawyer : If the father continues to be difficult then you would need a sole parenting order, but that is an Australian law issue. Does the father see her and pay child support? is he in Australia permanently?

He does not see her, he has started in Jan 2013 to pay child support, he is on a NZ passport being here for over 30 years

christhelawyer : why is he refusing to sign? Or is there no reason?

No reason. The one conversation he had with my daughter was for her to come and live with him and she said no-way. So he said well your mother will not have you to fly with her....I say extremely difficult

christhelawyer : Thats pretty unreasonable, and a good way of further damaging any relationship with her. You should tell the passport office this, but you may need to work on getting his consent dispensed with in court. You could tell him you will do this, and seek costs against him, unless he consents.

Yes I have completed a form for the passport agency and hopefully we will not need to go to court.


I have found a contact number to contact winz thank you


what can i do about my debt with the bank


I contribute to it once a fortnight of 150


& I still pay my insurances


my brother said he would put my furniture into storage to help me out


only to find he has sold some and the rest he has kept and put a tress pass order against me on their property


i contacted the police but they said it is a civil matter and could only intervene if there was a breech of peace


which then I would be in the wrong


little bit topsy turvey is my life at the moment

christhelawyer : Family are supposed to be there to help, but your brother has not been acting in your interests. Suing him would be costly, except perhaps in the Disputes Tribunal.
christhelawyer : Banks used to be keen on bankrupting people, but where you have nothing left, these days they often do not want to spend the money doing so.mifnthey are happy with the present arrangement
christhelawyer : Sorry, predictive text..
christhelawyer : If they are happy with the present arrangement, then continue. Have they threatened bankruptcy?

Yes he is well aware of this i am sure. I only have my daughter and my best friend that I came here to care for while I was not working. My parents become involved and it has come out that he has done this to many people and IRD have a court case with him, so he's showing his true colours right down to me.


No they have not threatened bankruptcy and are happy with the current arrangement. I have not had contact with them since so, I'll just keep going



christhelawyer : Bankruptcy can be useful, but if you are travelling back and forth this can be a bit tricky, as you need consent to travel overseas form the Insolvency and Trustee Service. You can get consent, and they are usually helpful, but it can be a bother. If the bank is happy then continue, I think.

Thank you very much. You have reconfirmed what I am doing is the right path.


I will make sure to correct winz ASAP. I did receive a letter last time but at the time I was out of the country looking after my sick friend so they continued it. Now with me having to work while my daughters passport is sorted is another situation and will let them know

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