New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law

I have a friend whose relationship has split (they lived together

Customer Question
for approx 18 but 6...
I have a friend whose relationship has split (they lived together for approx 18 but 6 of this was travelling, and they only combined bank account in March last year (they split in January) - His ex partner is now threatening to take him to court to recover the cost of some renovation work that they did, she paid the costs (approx $16k). He is not disputing this but is not in a position to repay it nor borrow any further against his home loan. Due to hardship he has just had a mortgage repayment holiday when his tenant left him nearly $4k down in unpaid rent and he also had to refurb the property and is now maxed up on his overdraft. However he has set up a $50 per fortnight repayment - this is as much as he can currently afford. He has now listed his rental, even though he does not wish to sell, but with the threats of court action he is so concerned that he could loose his house - he cannot afford legal costs but also does not want to sell at a loss.
My main question is if he has a repayment schedule in place, with the intention to increase payment as soon as he is able or his rental property sells, is it likely that court action can be taken. She also threatened disputes tribunal - again he is not disputing repayment just - it is just the when that is in question.
My involvement is that f a friend as he is currently experiencing severe anxiety and depression and he is now under community mental health as his mental well being is very fragile and I am extremely concerned for him and would like to reassure him that if he has a repayment plan in place it is 'unreasonable take him to court - or am i wrong.
Submitted: 1 year ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 11 minutes by:
4/11/2016
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,324
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
There is no rule which says that if there is a repayment plan in place that this will stop her from filing a court case. However the disputes Tribunal would not have the power to deal with a dispute over relationship property, which is solely a subject for the family Court. So if she wants to insist on him paying this money she will need to decide if she wants to file a claim in the family Court and whether the cost of doing so will justify what he can pay. If there is a judgment for a sum of money then there are a number of options for collecting the money. If she uses the order for examination process, then he will be examined as to his ability to pay, and likely will be ordered to pay about what he is paying now. So in terms of the money to be spent on the exercise, it would not be worthwhile for her to bring a claim. Sadly in relationship issues like this the logical step is not always the one chosen. But he does not need to take any steps, and can leave it entirely up to her to file any court claim she wants. What he is doing about making the payments that he can afford is actually a very sensible step, and will I suspect cause her to eventually lose interest in bringing court claims. Often the threat of bringing court claims is not about the money but about other issues. So sometimes mediation can be a good answer in which he can explain his inability to do any better, but then reach a binding agreement as to how this relatively modest amount can be repaid. So I suggest that if she continues to threaten court cases, that you suggest mediation as a much better option, which will cause much less stress on everyone.
Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
thanks Chris
your answer reflects my thoughts - but common sense does not always prevail. Would Family courts accept a case given they do not meet defacto relationship time frames i.e. less than 18 months? no answer necessary if extra cost involved as I am doing this on behalf of friend and do not want further expense :) thanks
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago
The three year period is just the time by which equal sharing applies. So any claims still need to filed in the Family Court even if they are short of the full period, and he can challenge a claim in the Disputes Tribunal and say it should be in the family court
Ask Your Own New Zealand Law Question
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,324
23,324 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,324 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

58 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
Do NZ books get registered at the American Copyright
Do NZ books get registered at the American Copyright registery office or is there a NZ office to register copyright? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
Just got interrupted. Neighbour objects to our boundary
Hello Paul; Just got interrupted. Neighbour objects to our boundary trees shading their property and affecting their lawn and vege garden. What liability in law do we have to top / trim the trees. Cou… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I've had my daughters in my care for the pass four years and
Hi. I've had my daughters in my care for the pass four years and their father barely makes contact with. We're meant to move to Australia in July can he stop us from leaving the country? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
The IRD claim my wife owes them 100k from her business for
The IRD claim my wife owes them 100k from her business for income not declared. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
My daughter was given an option to leave the property she
my daughter was given an option to leave the property she has rented for the last 3 years and find elsewhere to live she decided to leave she found another home for her and her husband and child , … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I am in New Zealand. My daughter suffers from extreme
I am in New Zealand. My daughter suffers from extreme anxiety, depression and other mental health issues. She lives alone a couple of hours from the family centre. We are considering a request to her employer - a major bank, to permit 'sick leave' to enable her to recover. Our concern is that her position will be held open for her - not whether or not she will be paid. Can you help? P. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I recently got a tattoo he purposely hurt me as I hav other
I recently got a tattoo he purposely hurt me as I hav other tattoos done by the same person I know what to expect he went as deep as he could and went over it over and over agin wen tattoo was healing… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I am divorced from my husband but our property is still in
Hi, I am divorced from my husband but our property is still in both our names. The property has just been sub decided. Am I entitled to half the money for this. Many thanks … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I bought a small area of land in 1989, no GST claimed. I
Hi, I bought a small area of land in 1989, no GST claimed. I started a small business in 1990, registered for GST, built 2 sheds and claimed the GST for the building materials. In 2012 I stopped tradi… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
Only i ask if have a notarial here coz we nid to get a red
Goodafternoon only i ask if have a notarial here coz we nid to get a red ribbon for my house and lot we buy in the Philippines … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
A house has been built next door at the rear of a section.
A house has been built next door at the rear of a section. When they put the driveway in (alongside our driveway) they dug down so far there is a big drop from our driveway (shared with a 2nd unit) an… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I have ordered goods online and charged to my credit card.
Second opinion] I have ordered goods online and charged to my credit card. The websites promised to deliver the goods within 2 weeks but it has been 4 weeks now and I did not even get a response when … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
My elder kid has been in india since Sept 2015 & younger
My elder kid has been in india since Sept 2015 & younger went in Oct 17 ,i have filed a divorce case in India & have the custody of the kids ,my wife has filed a counter claim , we both have NZ perman… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
Can my Wife file the same case in India as well as New
Can my Wife file the same case in India as well as New Zealand – If she file a case for child custody in India ( I think she already has) ,will the court entertain a plea in NZ also because as far as … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I have ordered goods online and charged to my credit card.
I have ordered goods online and charged to my credit card. The websites promised to deliver the goods within 2 weeks but it has been 4 weeks now and I did not even get a response when I contacted the … read more
serish khan
serish khan
Lawyer
Bachelor
58 satisfied customers
I've set up a business to do IT consultancy. What's a good
I've set up a business to do IT consultancy. What's a good place to get a generic contract from, so I'm able to use it when preparing quotes etc?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
I have two former clients who both owe money to me (one
Hi Chris, I have two former clients who both owe money to me (one successful court judgement) both have moved so as I can't follow them. The community paper has previously been used to chase people on… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers
Have a charge of breach of protection order. Has been
Have a charge of breach of protection order. Has been remanded until early Feb while I seek legal advice. Breach was regarding 3 texts sent. Have seen texts, but not the whole conversation in context.… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,324 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x